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Law and the Economy in Colonial India$
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Tirthankar Roy and Anand V. Swamy

Print publication date: 2016

Print ISBN-13: 9780226387642

Published to Chicago Scholarship Online: May 2017

DOI: 10.7208/chicago/9780226387789.001.0001

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The Burden of Procedures

The Burden of Procedures

(p.159) Nine The Burden of Procedures
Law and the Economy in Colonial India

Tirthankar Roy

Anand V. Swamy

University of Chicago Press

In the second half of the nineteenth century, a legislative drive led to the creation of a number of specific laws. The state clearly saw itself as much more than a custodian of Indian notions of law and justice, as it did before 1857. It was now deliberately trying to create a comprehensive framework of substantive and procedural law, while drawing upon western concepts and Indian case law freely for that purpose. And yet, the legislative drive led to an upsurge in litigation. Apparently, the courts and the laws created new problems while solving old ones. For example, there were frequent overlaps between different laws for a certain type of dispute, the one between contract and procedure being especially common. The move from one driver (preserving Indian tradition) to another (a modern universal legal framework) had apparently ended up producing too many laws for the same dispute.

Keywords:   procedural law, Indian case law, Indian tradition

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