A system should be formed, which shall preserve as much as possible can be done, their institutions and laws to the natives of Hindoostan, and attemper them with the mild spirit of British government.—John Bruce

Jurisprudence is the nexus where authoritative texts, cultural assumptions, and political expediency come together during a crisis. It is therefore not so much a thing or a system as it is an experience, an interpretative experience. Yet the practice of jurisprudence is very different from other types of interpretation because it is also an exertion of power. A legal interpretation is a decision which mobilizes coercive forces to immediately solidify the interpretation into a social reality. The administrative structure of courts and the legal rhetoric that flows through them disguise jurisprudence as ‘a system’ rather than revealing its nature as an interpretative experience; this disguise serves to heighten the authority of these exercises of power and to limit the ability to contest them to specialists.

Why have you been dragged out like this?

That's what you get for skimping on wages

Why are you being taught this lesson?

It's payback time for all of your usury

Why must you suffer here in prison?

Must be for buying up all the cotton

Why can't you get but a cup of tea?

They say because you poisoned the water

Why can't you get but a bite to eat?

Must be the curse of eel and carp. As quoted in Wakabayashi Kisaburo, Zeniya Gohei (Osaka: Zogensha, 1984), p. 18.

—From Inga wasan, a Kaga folk ditty

The strange affair began innocuously enough. In the summer of 1851, Zeniya Gohei, a prominent merchant in Kaga han, started a land reclamation project on Kahoku inlet, which lies about three miles northwest of Kanazawa upon the Sea of Japan. Early in the eighth month of 1852, a large number of dead fish floated to the surface of the inlet near the construction site. Within weeks, there were reports of several local residents who apparently died from having eaten the dead fish. In the ensuing flurry of accusations, speculations, and indictments Gohei and his family members were deemed responsible and imprisoned. By the end of the eleventh month of 1852, the eighty-year old Gohei succumbed to ‘urinary blockage’ and died in captivity.

For the debate on orality, literacy and memorization, India provides some striking evidence. In his comparative analysis of ‘oral aspects of scripture’, Graham gives the Hindu tradition a special place, for the ‘ancient Vedic tradition represents the paradigmatic instance of scripture as spoken, recited word’ (Graham 1987:68). The Vedas, the oldest texts of Hinduism, have been transmitted orally for three thousand years or more, despite the very early implementation of writing, and it is the Vedas as recited from memory by Brahmans that are alone authoritative. A corollary of the spoken word's primacy is that in teaching the Vedas and other texts, although ‘written texts have been used’, ‘a text without a teacher to teach it directly and orally to a pupil is only so many useless leaves or pages’ (ibid.: 74).

This article provides a commentary on a painting entitled Dancing Girls, Madras, c. 1805, by the Irish artist Thomas Hickey shown in an exhibition of privately owned works from East Anglia at the Fitzwilliam Museum, 18 May-1 August 1999, entitled, ‘In the Public Eye’ (Catalogue No. 95) fig. 1.

This essay discusses women's gender roles as they were imagined and debated in a Bengali text written towards the end of the sixteenth century. Efforts to reexamine precolonial gender roles and debates about them are important for three reasons. First, that large body of research on gender which begins with the colonial period often has obscured elements of continuity between colonial and precolonial discourse on gender in South Asia, and often exaggerates or misstates both the degree of consensus about gender in the precolonial period, and the nature of change in the colonial period.

The Man with the Brief-case

I once met a man with a brief case on a train . . . I forget between where and where. If you have travelled by train in India you may have met him too. He is conscious of cultural difference and wishes you to understand that Indians have family values - on account of which they don't go in for divorce or extra-marital sex. It was possibly he who first told me (though I have read it somewhere since) that actuarial calculations reveal that one in three marriages in Britain, and one in two in the United States, is destined to end in divorce. I find his contrast confirmed in a scholarly study of the subject. By comparison with its ‘alarming rate’ in the West, ‘divorce was unknown to the Hindu institution of marriage. Husband and wife were bound to each other not only in this life, but even in the lives to follow’ (Pothen 1986: ix).

Less than fifteen months after Prime Minister Hamaguchi Osachi was fatally wounded by the right-wing fanatic Sagoya Tomeo on 14 November 1930, the ‘mysterious priest’ Inoue Nissho orchestrated the Ketsumeidan jiken, or ‘Blood-Pledge Corps Incident’, in which the former Finance Minister Inoue Junnosuke and the Director-General of Mitsui Dan Takuma, were shot and killed, on 9 February and 5 March 1932, respectively. What made the Ketsumeidan Incident all the more shocking in the troubled context of the Depression and the Manchurian Incident was the fact that at one point the terrorists had planned to kill twenty of Japan's political and financial leaders, not just Inoue Junnosuke and Dan Takuma. The grim implications of this bold conspiracy were soon driven home when Prime Minister Inukai Tsuyoshi was also gunned down in the 15 May Incident that year.

My concern is public representations of individuals and how these were affected by British East India Company courts, judicial proceedings, and the law in Madras city during the eighteenth and early nineteenth centuries. Company records reveal that this was a period of dramatic transformation in self-representation, just as it also was in Company rule. My purpose is to trace the transformation of the manner in which individuals represented themselves and others and what this process reveals about the constitution of Madras society and Company rule before and after the establishment of an independent judiciary at the end of the eighteenth century. Most particularly, in this paper I seek to demonstrate how the transformation of East India Company courts of judicature from interested courts, strictly controlled by the Company, to independent courts is associated with changes that greatly affected the manner in which individuals—both British and Indian—thought of themselves and others in Madras city public life. This transformation was of a piece with the establishment of independent judiciaries in England and North America at the time and indicates how Madras too was influenced by these political developments.

At an interview which Della Vella [seventeenth century] had with the Zamorin, [the Samudiri or the ruler of Calicut] there were present two little princesses of the Royal house aged 12 years each; and of them he says, ‘they were all naked (as I said above the women generally go) saving that they had a very small blue cloth wrapped about their immodesties. One of them being more forward could not contain, but approaching gently towards me, almost touched the sleeve of my coat with her hand, made a sign of wonder to her sister, how could we go so wrapped up and entangled in clothes. Such is the power of custom that their going naked seemed no more strange to us, than our being clothed appeared extravagant to them.’

K. P. Padmanabha Menon

In 1829, at the height of Lord William Bentinck's regime of reform, a keen young civil servant in north India took on one of the last of the Company's nabobs and won. It was a clash of a new style of Haileybury civilian with an old Company servant which remarkably prefigured the personal and philosophical dynamics of the Anglicist-Orientalist education debate a few years later. Sir Edward Colebrooke, Bt, was Resident of Delhi, 67 years old and nearly 50 years in the East India Company's service. His youthful adversary was his own first assistant, Charles Edward Trevelyan, aged 22 and, in Sir Edward's words, ‘a Boy just escaped from school’. In June 1829 Trevelyan charged Colebrooke with corruption, and despite being cut by many of Delhi's European residents, saw the prosecution through to its conclusion some six months later when the Governor-General in Council was pleased to order Colebrooke's suspension from the service, a sentence ultimately confirmed by the Court of Directors.

On July 16, 1905, an overseas Chinese, Feng Xiawei, committed suicide in front of the American consulate in Shanghai. The impetus for Feng's sacrifice was a labor treaty being negotiated with the United States, which had placed obstacles to the Chinese who would like to go to the United States to make a living. Two months before Feng's suicide, merchants in Shanghai had asked Americans to revise their immigration policy or face a boycott in two months. The Americans showed no sign of yielding. Four days before the deadline, Feng killed himself. This previously unknown individual became a hero in the 1905 boycott movement. For an overview of the boycott movement see Zhang Cunwu, Guangxu sayinian Zhong Mei gongyue fengchao [The Chinese Boycott of American Goods, 1905-1906] (Taipei: Institute of Modern History, Academia Sinica, 1966); Margaret Field, “The Chinese Boycott of 1905”, Papers on China 11 (1957): 63-98; Edward J. M. Rhoads, ‘Nationalism and Xenophobia in Kwangtung (1905-1906): The Canton Anti-American Boycott and the Lienchow Anti-Missionary Uprising’, Papers on China 16 (1962): 154-97; Delber L. McKee, Chinese Exclusion versus the Open Door Policy, 1900-1906: Clashes over China Policy in the Roosevelt Era (Detroit: Wayne State University Press, 1977), especially chapter 7; Sin-Kiong Wong, ‘The Genesis of Popular Movements in Modern China: A Study of the Anti-American Boycott of 1905-06’. Ph.D. Dissertation, Indiana University, 1995.

In the first week of January 1951, the Raja of Ettaiyapuram was combating the forces of modernity on three fronts. In Madras High Court, he was filing a writ petition questioning the legality of the Madras Estates (Abolition and Conversion into Ryotwari) Act of 1948, which came into force on 3 January and authorized the government to take over his zamindari estate.Zamindar of Ettayapuram v. The State of Madras, Civil Miscellaneous Petition no. 13388 of 1950. Simultaneously, Tirunelveli District Court was hearing a case brought in his capacity as hereditary Trustee of Kalugumalai Devastanam, seeking to prevent the Madras Hindu Religious Endowments (HRE) Board from assuming administrative control of the temple and appointing one of its employees as Executive Officer.Zamindar of Ettayaparum vs. Madras Hindu Religious Endowments Board, Original Suit 22 of 1949, later Appeal Suit No. 462 of 1951 in Madras High Court. The ‘Devastanam’ is the administrative organization of the temple. Meanwhile, he had two further law-suits pending in Kovilpatti Munsif's Court, questioning the authority of the newly-formed Kalugumalai Panchayat Board on the grounds that the entire town was temple property.O.S. No. 252 and O.S. 253 of 1950.

Current scholarship is replete with the praises of princely Baroda, the ‘ideal and progressive’ state which emerged and prospered under the enlightened rule of Maharaja Sayaji Rao Gaekwad III in the early twentieth century. For example, V. B. Kulkarni notes in his Princely India and Lapse of British Paramountcy that ‘It is . . . enough to end this heart-warming story of wise princely governments by recalling the achievements of Sayajirao of Baroda . . . [in part] because he gave an enlightened government to a chronically-misgoverned state . . .’.

I. Sewage Under Capitalism

The preservation of the wealth and welfare of nations, and advances in culture and civilisation depend on how the sewage question is resolved.(von Liebig, 1850s).

Delhi is a very suggestive and moralising place—such stupendous remains of power and wealth passed and passing away—and somehow I feel that we horrid English have just ‘gone and done it’, merchandised it, revenue it, and spoiled it all. (Emily Eden, 1838).

Veena Oldenburg argues that after the Rebellion of 1857 British colonial officials inaugurated a process of urban reconstruction following three imperatives: safety, sanitation and loyalty. To make the cities of India safe, clean and loyal, the colonial regime exerted a measure of ‘social control . . . In an era when tinkering with the structure of society had been officially and unambiguously forsworn.’. If the highest offices of the colonial regime proclaimed its remove from society, she argues, the ‘lowest levels of decision making and action’, intruded effectively to reconstruct the social fabric of urban life. In this essay, we will examine this lowest level of the colonial regime in the local government of Delhi (the Delhi Municipal Corporation [DMC], the commissioner's office, the army, the Public Works Department [PWD], the railway officials) and its relations with the local nobility (the rais and amirs), the merchants, and working people.

Democracy is a symbol of the May Fourth era, and one of the two cores of the so-called ‘May Fourth spirit’ that generations of Chinese liberal intellectuals energetically want to carry forward in order to promote the liberal develop ment of democratization in China. In an essay published in January 1919 to celebrate the third anniversary of the publication of Xin Qingnian (New Youth), Chen Duxiu, one of the intellectual leaders of the New Culture Movement, respectfully gave democracy and science the nicknames ‘Mr Democracy’ (de xiansheng) and ‘Mr Science’ (sai xiansheng), and proclaimed that ‘only these two gentlemen can save China from the political, moral, academic, and intellectual darkness in which it finds itself’.Chen Duxiu, ‘Xin qingnian zuian zhi dabianshu’ (New Youth's reply to charges against the magazine), Xin Qingnian (New Youth): (hereafter cited as XQN), Vol. 6, No. 1 (15 Jan. 1919), pp. 10-11. Seven decades later, on the eve of the People's Movement on the Tiananmen square in spring 1989, many Chinese intellectuals published enormous essays or articles on the legacies of the ‘May Fourth spirit’, challenging the official monopoly over the power of historical interpretation.For more details about the ideological struggle for the historical interpretation of the May Fourth spirit between official historians and liberal intellectuals, see Gu Xin, Zhongguo Qimeng de Lishi Tujing (Historical Image of the Chinese Enlightenment) (Hong Kong: Oxford University Press, 1992). One of the major themes in these essays or articles was the appeal to the young generation of Chinese intellectuals to strive for liberty, democracy, and science by inheriting the ‘May Fourth spirit’.

This paper investigates the late colonial origins of Home Science in British India. It deals most intensively with the institutionalization of Home Science in Madras Presidency and attends to the roles played by both the colonial state and Indian women's organizations in its establishment. Though the focus is on Madras because the efforts of those based there influenced the later course of Home Science education, the activities of Madras educators, policy makers and reformers are also situated within a wider frame of transregional and imperial relations forged through reform projects, missionization, travel and education. Consideration of Home Science education in this wider context reveals the socio-political constraints an opportunities of, as well as the ideological interests at work in, its establishment. The paper finds that, at its inception, Home Science was the product of strategic alliances among colonial authorities, Indian social reformers, and Indian nationalists — all of whom, despite other differences, considered the home a site of and symbol for nationalist modernity. Home Science is shown to have relied on and helped shape a set of discourses that can be deemed ‘feminist nationalist’ in that they were engaged dialectically with anti-colonial nationalisms and with internationalist feminisms. Using Home Science as a lens, this paper provides a window on a set of late colonial debates that, informed by nationalist struggles and goals, sought to reshape the meaning and scope of both female agency and domesticity.

The night has passed,

The whole day has gone,

Lady, tie up your hair,

The hair so dishevelled:

One December 12th has passed,

Another December 12th has come.

Have you forgotten?

Did you believe that your hair could be tied?

Did you believe that this day would ever return?

(poem by Hijam Irabot)

The story of what V. P. Menon euphemistically termed the ‘integration’ of the Indian States has still not yet received the scholarly attention it deserves.

In the 1920s and 1930s China was racked by civil strife. Although the Nationalist government was established in Nanking in 1928, it exerted its power only in a small part of China, mainly in the lower Yangtze valley. When the Nanking government endeavored to unify China by force, the local warlords, who strove to maintain their own armies and bases, directed against this central government. Political divisions and tensions persisted between Nanking and the local governments until 1936.

As European influence expanded in insular Southeast Asia throughout the early modern era, colonial interests shifted from maintaining favorable trade zones along the coasts and rivers to an increasing control of territory and its human populations. The island of Borneo entered the colonial ambit relatively late in this process,Graham Irwin, Nineteenth-Century Borneo: A Study in Diplomatic Rivalry (s-Gravenhage: Martinus Nijhoff, 1955). but its eventual division between British and Dutch spheres of influence and control has had profound consequences for the peoples that fell under either. There and elsewhere, territorial boundaries sliced across well-established networks of communication, trade, common traditions, and strong ties of kinship. These boundaries came to impose different symbols of formal status on people from the same ethnic groups. From the colonial perspective, boundaries were designed to function negatively, to restrict what was deemed illegal such as smuggling and migration, and positively, to promote legitimate activities like taxation and road construction. The usual colonial attitude was that borders should be precisely defined, clearly demarcated, jealously guarded, and exclusive. A. I. Asiwaju, ‘The Conceptual Framework’, in A. I. Asiwaju (ed.), Partitioned Africans: Ethnic Relations Across Africa's International Boundaries, 1884-1984 (London: C. Hurst and Co., 1985), pp. 1-18 at pp. 2-3; A. I. Asiwaju, Borderlands Research: A Comparative Perspective. Border Perspectives Paper No. 6 (El Paso: University of Texas, Center for Inter-American and Border Studies, 1983), pp. 2-3; S. Whittemore Boggs, International Boundaries: A Study of Boundary Functions and Problems (New York: Columbia University Press, 1940), pp. 10-11. Yet the people so partitioned routinely defied the border divisions, causing no small amount of worry to the colonial states.

This work looks at how Malaysia's political institutions and policies have constrained Chinese acculturation with the dominant Malay population. Particular attention is paid to the nature of electoral institutions; such as the ethnic party structure, the apportionment of electoral districts, and the debate over Malaysia's education system. These political institutions, and not just the coercive apparatus of the state, coupled with the way the Constitution defines a person as ‘Malay’, effectively maintain a distinct boundary between who is Malay and who is Chinese or Indian. Ethnic categorization in Malaysia has, in the past, masked equally wide divisions between classes. More recent efforts at creating a ‘Malaysian’ national identity may clash with a political structure still largely organized by ethnicity, and may bring these other fissures to the forefront.