Jump to ContentJump to Main Navigation
Law and Long-Term Economic ChangeA Eurasian Perspective$
Users without a subscription are not able to see the full content.

Debin Ma and Jan Luiten van Zanden

Print publication date: 2011

Print ISBN-13: 9780804772730

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804772730.001.0001

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 23 September 2019

Law and Economic Change in India, 1600–1900

Law and Economic Change in India, 1600–1900

Chapter:
(p.115) Chapter Six Law and Economic Change in India, 1600–1900
Source:
Law and Long-Term Economic Change
Author(s):
Tirthankar Roy
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804772730.003.0006

This chapter examines a legal regime operating in a political regime in sharp contrast to that of politically centralized China. The precolonial India legal system is essentially community bound with some signal characteristics. In the sphere of canon law, the state did not make laws but upheld them with the hierarchy of state courts reflecting the political order rather than the contents of law or the nature of offense. In civil matters outside the sphere of canon law, communities both made and administered laws, but with weak, informal, or highly differentiated procedures and rules. This chapter looks at two influential interpretations of this process. The transmission theory claims that India basically inherited a common law system. On the other hand, the translation theory required the codification of the indigenous laws.

Keywords:   precolonial India, political regime, colonial law, transmission theory, translation theory

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.