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    Between litigation and arbitration: administering legal pluralism in Eighteenth-Century Bombay

    Hodges, Leonard (2018) Between litigation and arbitration: administering legal pluralism in Eighteenth-Century Bombay. Itinerario 42 (3), pp. 490-515. ISSN 0165-1153.

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    Abstract

    This article uses the records of the Bombay Mayor’s Court (1728–1798) to explore the ways in which an ostensibly English court of law attempted to administer law in a way that was acceptable to a cosmopolitan cast of litigants. I show how, due to the Court’s popularity with Indian litigants, and the difficulties of its hybrid jurisprudence, the Court eventually moved to a model of formalised arbitration. In this arrangement, local Indian elites exercised considerable autonomy, while British judges gained an illicit commission. As such, the evidence from the Mayor’s Court points to a novel iteration of legal pluralism in which ill-defined legal regimes came to blur and blend with each other in a single forum. I argue that this forces us to reconceptualise solely jurisdictional definitions of legal pluralism, which must be complimented with the study of a court’s ‘jurispractice’.

    Metadata

    Item Type: Article
    School: School of Social Sciences, History and Philosophy > History, Classics and Archaeology
    Depositing User: Lenny Hodges
    Date Deposited: 20 Jun 2022 12:40
    Last Modified: 20 Jun 2022 12:40
    URI: https://eprints.bbk.ac.uk/id/eprint/48359

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