Law and Identity in Colonial South Asia

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Law and Identity in Colonial South Asia

Parsi Legal Culture, 1772–1947

Asian history History History Social and cultural history Colonialism and imperialism Zoroastrianism Legal history Legal systems: general

Author: Mitra Sharafi

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Collection: Studies in Legal History

Language: English

Published by: Cambridge University Press

Published on: 21st April 2014

Format: LCP-protected ePub

Size: 10 Mb

ISBN: 9781139862332


Introduction

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself.

Historical Context

From the late eighteenth century until India’s independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law.

Comparison with Other Communities

Other South Asian communities also turned to law, but none seem to have done so earlier or in more pronounced ways than the Parsis.

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