9780198916482 - South Asia, the British Empire, and the Rise of Classical Legal Thought: Towards a Historical Ontology of the Law di Chaudhry, Faisal (15 risultati)

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Hardcover. Octavo, xx, 539 pages. In Very Good condition. Spine is brown with white print. Boards in glossy white paper, brown and black print. Illustrated: 3 b&w maps. NOTE: Shelved in Netdesk Column Z. 1408511. FP New Rockville Stock.

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Hardcover. Condizione: new. Hardcover. This book considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in termsof a certainty of controlling land's rent-and made administrable mainly as a duty of revenue paymentDLrather than any right of ostensibly physical dominion. Leaving property external to its ontology of'the laws,' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in thistransformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legalontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia. The book delves into colonial South Asia's legal transformation under the rule of the British Crown, examining shifts in sovereignty, land control, and justice influenced by classical legal thought. It explores two key discourses, doctrinal and ordinary language, shaping the concept of 'the law.' Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Condizione: As New. Unread book in perfect condition.

Condizione: As New. Unread book in perfect condition.

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Hardcover. Condizione: Brand New. 608 pages. 5.50x1.19x8.50 inches. In Stock.

Buch. Condizione: Neu. South Asia, the British Empire, and the Rise of Classical Legal Thought | Toward a Historical Ontology of the Law | Faisal Chaudhry | Buch | Englisch | 2024 | Oxford University Press(UK) | EAN 9780198916482 | Verantwortliche Person für die EU: Libri GmbH, Europaallee 1, 36244 Bad Hersfeld, gpsr[at]libri[dot]de | Anbieter: preigu Print on Demand.

Hardcover. Condizione: new. Hardcover. This book considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in termsof a certainty of controlling land's rent-and made administrable mainly as a duty of revenue paymentDLrather than any right of ostensibly physical dominion. Leaving property external to its ontology of'the laws,' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in thistransformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legalontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia. The book delves into colonial South Asia's legal transformation under the rule of the British Crown, examining shifts in sovereignty, land control, and justice influenced by classical legal thought. It explores two key discourses, doctrinal and ordinary language, shaping the concept of 'the law.' This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.

Buch. Condizione: Neu. nach der Bestellung gedruckt Neuware - Printed after ordering - This book delves into the legal history of colonial governance in South Asia, spanning the period from 1757 to the early 20th century. It traces a notable shift in the way sovereignty, land control, and legal rectification were conceptualized, particularly after 1858. During the early phase of the rule of the East India Company, the focus was on 'the laws' that influenced the administration of justice rather than 'the law' as a comprehensive normative system. The Company's perspective emphasized absolute property rights, particularly concerning land rent, rather than physical control over land. This viewpoint was expressed through the obligation of revenue payment, with property existing somewhat outside the realm of law. This early colonial South Asian legal framework differed significantly from the Anglo-common law tradition, which had already developed a unified and physical concept of property rights as a distinct legal form by the late 18th century. It was only after the transfer of authority from the Company to the British Crown, along with other shifts in the imperial political economy, that the conditions were ripe for 'the law' to emerge as an autonomous and fundamental institutional concept. One of the contributing factors to this transformation was the emergence of classical legal thought. Under Crown rule, two distinct forms of discourse contributed to reshaping the legal ontology around the globalized notion of 'the law' as an independent concept. The book, adopting a historical approach to jurisprudence, categorizes these forms as doctrinal discourse, which could articulate propositions of the law with practical and administrative qualities, and ordinary language discourse, which conveyed ideas about the law, including in the public domain.

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