scholarly journals Jousting Over Jurisdiction: Sovereignty and International Law in Late Nineteenth-Century South Asia

2019 ◽  
Vol 38 (2) ◽  
pp. 409-457
Author(s):  
Priyasha Saksena

The article examines the relationship between colonialism and international law by focusing on late nineteenth century debates surrounding the sovereignty of the “princely states” of colonial South Asia. The princely states were ruled by indigenous rulers and were not considered to be British territory, but remained subject to British “influence;” as a result, there were numerous controversies over their legal status. During the course of jurisdictional disputes, a variety of interested players - British politicians, colonial officials, international lawyers, rulers and advisors of princely states - engaged in debates over the idea of sovereignty to resolve questions of legal status, the extent of rights and powers, and to construct a political order that supported their interests and aspirations. I focus on legal texts written by British international lawyers and colonial officials as well as material relating to two jurisdictional disputes (one between the state of Travancore and the British Government and another between the state of Baroda and the British Government) to trace two versions of sovereignty that were articulated in late nineteenth century South Asia - unitary and divisible. In doing so, I argue that international law, and the doctrine of sovereignty in particular, became the shared language for participants to debate political problems and a key forum for the negotiation of political power.

Author(s):  
Roxana Banu

This chapter discusses state-centered and individual-centered internationalist perspectives and traces the relational internationalist perspectives introduced in Chapter 2 throughout nineteenth-century European private international law scholarship. The chapter shows how Freidrich Karl von Savigny’s and Josephus Jitta’s individual-centered premises were misunderstood or ignored. It further outlines the emergence of a particularistic perspective toward the end of the nineteenth-century and the beginning of the twentieth-century. The scholarship of Albert Venn Dicey and John Westlake is introduced to highlight the way in which late nineteenth-century English private international law scholars were reasoning on the relationship between state sovereignty and private vested rights. The chapter finally considers how the rise of positivism impacted the internationalist school of thought in private international law in both its state-centered and individual-centered variations.


2019 ◽  
Vol 16 (2-3) ◽  
pp. 281-300
Author(s):  
Amanda Lanzillo

Focusing on the lithographic print revolution in North India, this article analyses the role played by scribes working in Perso-Arabic script in the consolidation of late nineteenth-century vernacular literary cultures. In South Asia, the rise of lithographic printing for Perso-Arabic script languages and the slow shift from classical Persian to vernacular Urdu as a literary register took place roughly contemporaneously. This article interrogates the positionality of scribes within these transitions. Because print in North India relied on lithography, not movable type, scribes remained an important part of book production on the Indian subcontinent through the early twentieth century. It analyses the education and models of employment of late nineteenth-century scribes. New scribal classes emerged during the transition to print and vernacular literary culture, in part due to the intervention of lithographic publishers into scribal education. The patronage of Urdu-language scribal manuals by lithographic printers reveals that scribal education in Urdu was directly informed by the demands of the print economy. Ultimately, using an analysis of scribal manuals, the article contributes to our knowledge of the social positioning of book producers in South Asia and demonstrates the vitality of certain practices associated with manuscript culture in the era of print.


2013 ◽  
Vol 3 (2) ◽  
pp. 119-135
Author(s):  
Giles Whiteley

Walter Pater's late-nineteenth-century literary genre of the imaginary portrait has received relatively little critical attention. Conceived of as something of a continuum between his role as an art critic and his fictional pursuits, this essay probes the liminal space of the imaginary portraits, focusing on the role of the parergon, or frame, in his portraits. Guided by Pater's reading of Kant, who distinguishes between the work (ergon) and that which lies outside of the work (the parergon), between inside and outside, and contextualised alongside the analysis of Derrida, who shows how such distinctions have always already deconstructed themselves, I demonstrate a similar operation at work in the portraits. By closely analysing the parerga of two of Pater's portraits, ‘Duke Carl of Rosenmold’ (1887) and ‘Apollo in Picardy’ (1893), focusing on his partial quotation of Goethe in the former, and his playful autocitation and impersonation of Heine in the latter, I argue that Pater's parerga seek to destabilise the relationship between text and context so that the parerga do not lie outside the text but are implicated throughout in their reading, changing the portraits constitutively. As such, the formal structure of the parergon in Pater's portraits is also a theoretical fulcrum in his aesthetic criticism and marks that space where the limits of, and distinctions between, art and life become blurred.


Author(s):  
Patrick Sze-lok Leung ◽  
Bijun Xu

The First Sino-Japanese War (1894–95) has been perceived as a sign of a new East Asian power order, but the legitimacy of the war has yet to be clarified. The Japanese foreign minister Mutsu’s Kenkenroku shows that the reasons claimed by Japan were only pretexts for its ambition to put Korea under its control. The 1885 Convention of Tianjin, which was used to justify the Japanese behaviour, needs to be reinterpreted. The Chinese reaction can be understood by exploration into Confucianism, which opposed wars between equal peers. Meanwhile, the Western powers which invented and developed international law were self-interested and did little to prevent the war. The incident shows that international law, empowered by the strong states, failed to maintain peace efficiently in the late nineteenth century.


Author(s):  
Cristina Vatulescu

This chapter approaches police records as a genre that gains from being considered in its relationships with other genres of writing. In particular, we will follow its long-standing relationship to detective fiction, the novel, and biography. Going further, the chapter emphasizes the intermedia character of police records not just in our time but also throughout their existence, indeed from their very origins. This approach opens to a more inclusive media history of police files. We will start with an analysis of the seminal late nineteenth-century French manuals prescribing the writing of a police file, the famous Bertillon-method manuals. We will then track their influence following their adoption nationally and internationally, with particular attention to the politics of their adoption in the colonies. We will also touch briefly on the relationship of early policing to other disciplines, such as anthropology and statistics, before moving to a closer look at its intersections with photography and literature.


2008 ◽  
Vol 34 (3) ◽  
pp. 403-423 ◽  
Author(s):  
CASPER SYLVEST

AbstractThis article deploys a historical analysis of the relationship between law and imperialism to highlight questions about the character and role of international law in global politics. The involvement of two British international lawyers in practices of imperialism in Africa during the late nineteenth century is critically examined: the role of Travers Twiss (1809–1897) in the creation of the Congo Free State and John Westlake’s (1828–1913) support for the South African War. The analysis demonstrates the inescapably political character of international law and the dangers that follow from fusing a particular form of liberal moralism with notions of legal hierarchy. The historical cases raise ethico-political questions, the importance of which is only heightened by the character of contemporary world politics and the attention accorded to international law in recent years.


2012 ◽  
Vol 56 (4) ◽  
pp. 463-480 ◽  
Author(s):  
Shinjini Das

AbstractThe historiography of medicine in South Asia often assumes the presence of preordained, homogenous, coherent and clearly-bound medical systems. They also tend to take the existence of a medical ‘mainstream’ for granted. This article argues that the idea of an ‘orthodox’, ‘mainstream’ named allopathy and one of its ‘alternatives’ homoeopathy were co-produced in Bengal. It emphasises the role of the supposed ‘fringe’, ie. homoeopathy, in identifying and organising the ‘orthodoxy’ of the time. The shared market for medicine and print provided a crucial platform where such binary identities such as ‘homoeopaths’ and ‘allopaths’ were constituted and reinforced. This article focuses on a range of polemical writings by physicians in the Bengali print market since the 1860s. Published mostly in late nineteenth-century popular medical journals, these concerned the nature, definition and scope of ‘scientific’ medicine. The article highlights these published disputes and critical correspondence among physicians as instrumental in simultaneously shaping the categories ‘allopathy’ and ‘homoeopathy’ in Bengali print. It unravels how contemporary understandings of race, culture and nationalism informed these medical discussions. It further explores the status of these medical contestations, often self-consciously termed ‘debates’, as an essential contemporary trope in discussing ‘science’ in the vernacular.


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