South Asian Legal History • Explore Related Articles • Search Keywords Mitra Sharaﬁ

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University of Wisconsin Law School, Madison, Wisconsin, 53706-1399; email: mitra.sharaﬁ@wisc.edu

Annu. Rev. Law Soc. Sci. 2015. 11:309–36 Keywords The Annual Review of Law and Social Science is legal history, South Asian law, Asian law, India, Pakistan, Afghanistan, online at lawsocsci.annualreviews.org Bangladesh, Sri Lanka, Ceylon, Burma, Myanmar, Nepal, Tibet, Bhutan, This article’s doi: colonialism, imperialism, British Empire, courts, legal profession, legal 10.1146/annurev-lawsocsci-102612-134041 education, legal culture, archives, gender, personal law, religious law, Copyright c 2015 by Annual Reviews. Islam, Hinduism, Buddhism All rights reserved Abstract Since the late 1990s, there has been an explosion of scholarship on South Asian legal history. This article situates the new literature within the longer tradition of postcolonial South Asian legal studies, focusing on work written by lawyers and historians. The ﬁrst wave of South Asian legal studies emerged in what historians would call the long 1960s from a group of Amer-

Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org ican lawyers and social scientists working on the legal profession and the Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. experience of dispute resolution in India. The second wave, which has con- centrated on the themes of gender and religion in British India, has been shaped by different inﬂuences, namely developments in the Indian women’s movement and in Indian legal education during the 1980s and 1990s. The survey considers whether the new scholarship is overly focused on elites, the state, the colonial period, and English-language sources. It also identi- ﬁes regional crosscutting themes that have generated research on South Asia beyond India, particularly constitutionalism, states of emergency, and the legal profession; Buddhist legal studies; gender; and rule-of-law development efforts.

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INTRODUCTION South Asian legal history is experiencing a flurry of scholarly activity. Since 2009, more than a dozen monographs have appeared. Most of these studies have focused on legal history exclusively (Birla 2009, Chandrachud 2015, Chatterjee 2011, Jaffe 2015, Kolsky 2010b, Kumarasingham 2013, Mallampalli 2011, Mukherjee 2010, Newbigin 2013, Sharafi 2014, Sturman 2012). Some have examined legal systems of our own time, but with a historical interest (Chandrachud 2014, Dam 2013, Sezgin 2013, Siddique 2013, Solanki 2011, Subramanian 2014). Special journal issues and edited volumes have also proliferated in the past decade (Anderson 2014; Balachandran et al. forthcoming; Kalhan 2015; LHR 2005, 2010; Mawani & Hussin 2014; Newbigin et al. 2009). This is not the first time that scholars of South Asia have turned to law with special interest. In the long 1960s, what may be called the first wave of South Asian legal studies emerged from the hub of American scholars working on the Indian legal system. The more recent legal turn, beginning around the late 1990s, looks different and grew under different influences, including the Indian women’s movement and the rise of elite law schools in India. With the newer wave has come a dramatic shift in scholars’ disciplinary and personal backgrounds, and in the questions they are asking. The first wave of scholars were mainly male American lawyers and social scientists. They examined courts, the legal profession, and disputing in the largely contemporary context (with a historical component). The second wave have more often been historians, and South Asian or female. Their work has focused on gender and religion in the historical context, particularly British India. This article contextualizes the newer legal history, which has arguably emerged as a distinct field only since the new millennium, within the longer life of postcolonial South Asian legal studies. It provides a broad review of the English-language literature, joining surveys of work by lawyers (Baxi 1986b; Dhavan 1987a, 1989; Krishnan & Thomas 2015), historians (M. R. Anderson 1990, Balachandran et al. forthcoming, Dube & Rao 2013), and social scientists (Mawani 2012a, Merry 1991), along with encyclopedic overviews (De 2015, Jones 2005, Katz 2009, Kritzer 2002). Focusing on the work of lawyers and historians, it asks how the field has developed since the independence of South Asian nation states in the mid-twentieth century, how themes of interest have shifted, and what critiques and concerns we should consider vis-a-vis` the second wave of scholarship. Legal history blurs into contemporary studies for the history of the recent past. Work on the past few decades by lawyers and social scientists is noted here, albeit briefly. Although India dominates as a field of study, this survey concludes by considering developments in South Asian legal history beyond India, assessing crosscutting regional trends in the legal history of Afghanistan, Pakistan, Bangladesh, Sri Lanka (formerly Ceylon), and Burma (or Myanmar) and of Himalayan societies like Nepal, Bhutan, and Tibet (Figure 1). Burma and Tibet are usually Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. considered to be part of Southeast and Inner Asia, respectively; they are included here (as is Afghanistan) as part of South Asia broadly construed. Burma was part of British India during the colonial period. Tibet has had close ties to neighboring India, especially since the 1950s. The aim of this survey is to encourage scholars of South Asian legal history to see themselves as part of a larger scholarly tradition, both temporally (reaching back to the early postcolonial era) and geographically (stretching across South Asia as a region of study). There is a tendency for the proliferation of scholarship and drift between disciplines—as between scholars based in different parts of the world—to mask the coherence of the field. This survey attempts to counter these trends by identifying the contours of the field over the past half-century, and by highlighting promising areas of research for the present and future.

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CHINA

AFGHANISTAN TIBET

BHUTAN NEPAL WEST(later PAKISTAN Pakistan)

EAST PAKISTAN (East Bengal before 1953; later Bangladesh) BURMA (later Myanmar)

INDIA

Bay of Arabian Bengal Sea Andaman and Nicobar Islands

Contested sovereignty or undemarcated/ CEYLON disputed boundary (later Sri Lanka) (indicated for South Asia only) Indian Ocean

Figure 1 South Asia (and China) in the early 1950s (map designed by Katie Kowalsky of the University of Wisconsin Cartography Lab).

A HISTORY OF INDIAN LEGAL STUDIES In the decade after the 1947 decolonization of British India, Indian legal publications that focused on doctrine (in the English black letter law tradition) continued in the form of legal treatises and journal articles, and in endowed law lecture series like the Tagore Law Lectures (Dhavan 1985, 1986, 1989). Much of this work was produced by legal practitioners in India. Faculty members at Indian universities and law colleges focused on the teaching of law. In South India, instructors were generally practitioners. In North India, some but not all were full-time faculty members (for example, Bastedo 1968, p. 273). In neither regional model was research a major priority or expectation (Ballakrishnen 2009, p. 136). As Abel (2013, p. 558) would observe of Indian academia Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. well into the 1960s, “law languished at the bottom of the prestige hierarchy of scholarly subjects” (see also Dhavan 1987a, 1989; Sathe 1989). In the former imperial metropole, South Asian legal studies moved by necessity postindepen- dence from the practical and professional toward the scholarly. Readers in Indian Law at Oxford, Cambridge, and the University of London had lectured Indian Civil Service (ICS) candidates under the Raj. For Indians and Britons planning to be barristers in British India, the Inns of Court offered a smattering of Hindu and Islamic law lectures in the late nineteenth century. But it was the School of Oriental and African Studies (SOAS) that became the new center for South Asian legal studies in Britain post 1947. There, a handful of Britons who had lived in colonial India remade themselves as scholars of South Asian law: The makers of primary sources became producers of secondary sources.

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SOAS inaugurated its law department in 1947. Seymour G. Vesey-Fitzgerald, reader in Indian Law at the University of London, was its first head (Phillips 1967, p. 45). He had been part of the judicial administration of the ICS and had lectured candidates for the Indian and Colonial Services on Islamic and Hindu law. Vesey-Fitzgerald populated the Department of Law with experts on Asian and African law—customary, religious, and state-based. By the 1960s (under his successors), these scholars included Alan Gledhill (formerly a colonial judge in Burma); J.N.D. Anderson (previously a missionary in British-occupied Egypt); Noel J. Coulson (once in military intelligence in British Cyprus and Suez); Antony Nicolas Allott (earlier a military officer in British East Africa); and the leading scholar of South Asian law in Britain, J.D.M. Derrett (once a soldier in British India). The Saidian links between colonial rule and the production of scholarly knowledge about Asia revealed themselves in the profiles of SOAS Law faculty members well into the 1960s (Menski 2000, pp. 121–24; Said 1978). Despite SOAS, the end of British rule in South Asia meant that writing on South Asian law generated by British institutions diminished in volume and lost the state sponsorship that had generated so many texts during colonial rule. Meanwhile, though, Cold War America developed an interest in India. Spurred by the 1957 launch of the Soviet satellite Sputnik, the National Defense Education Act of 1958 allocated federal funding to the study of “modern foreign languages,” including South Asian ones, at American universities. The Act also created the federal Title VI program that continues to finance leading US South Asian–area studies centers (known as National Resource Centers) today. Four years earlier, the Public Law 480 Program required South Asian governments to send books published in South Asia to a network of US university libraries in exchange for US aid (Patterson 1969). This system continued until 1986 (Dhavan 1987a, p. 727). Non-state foundations in the United States were also turning to India. The Asia Foundation funded the South Asia Government Lawyer Program run by Lawrence Ebb at Stanford that brought South Asian civil servants to the United States. More often, though, Americans went to India. The Ford Foundation became interested in the reform of Indian law, with a special focus on legal education (Baxi 1986c, pp. 328–34). It supported the Indian Law Institute and sent American law professors like Arthur von Mehren, Bertram Willcox, and Ralph Fuchs to Delhi to promote the case method, among other things (Krishnan 2004). Together, these influences and funds made Delhi a hub for American scholars interested in law (Galanter 1968b). Lawyers like Marc Galanter and political scientists like George Gadbois came to Delhi with Fulbright-Hays and other support. Galanter, then based at the University of Chicago, also benefited from Chicago’s status as a powerhouse of South Asian anthropology during the late 1950s and into the 1960s through figures like Milton Singer, McKim Marriott, and Bernard Cohn. Cohn (2004) combined anthropology, history, and law in his work and acted as a bridge between social scientists and the newer group of lawyers interested in India (Abel 2013, p. 559). Out of Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. this interdisciplinary mix came the early work of Galanter, who continued writing on Indian law thereafter (see, for example, Galanter 1984, 1989, 1994; Galanter & Krishnan 2004). Additionally, political scientists Susanne and Lloyd Rudolph (also at Chicago) published important studies on Indian law and the legal profession (Rudolph & Rudolph 1965, 1967). The era of the long 1960s produced Indian legal studies that were mainly contemporary but that often included a historical component. As such, one could question whether this period represents a moment for legal history, per se. Fifty years later, the focus would be more distinctly historical, but the era of the ﬁrst wave still played a critical role in the history of legal history. Scholars like Galanter and Gadbois would set the groundwork for second-wave historians and would act as mentors to many in this later generation. In particular, the ﬁrst wave of scholars was interested in broad patterns revealed in legal institutions and mechanics (for example, Galanter 1968a). Paralleling the growth of the law and society movement in the 1960s–1970s, these scholars and

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their students broke with the black letter law tradition and conducted some of the ﬁrst empirical studies on how South Asian lawyers and clients interacted and experienced litigation (for example, Kidder 1974). Postcolonial work on the Indian legal profession began here (Galanter & Kidder 1968), as did work on the interaction between caste and legal systems (Galanter 1963, 1984). The centrality of land-related disputes was another key theme (Merillat 1970), again sparking later work (Mendelsohn 2014). Study of what would come to be called legal pluralism and informal (or nonstate) dispute resolution also began in this period (Galanter 1972), ﬂowering subsequently in studies of panchayats (village or caste councils) (Hayden 1999; Jaffe 2014, 2015; Moore 1985; Solanki 2011) and hybrid quasi-customary dispute-resolution bodies (Galanter & Krishnan 2003, Galanter & Meschievitz 1982, Moog 1991). Out of the 1960s era came interactions between American law professors and young South Asian lawyers and legal scholars, a process criticized for being one-sided (Baxi 1986c, Dhavan 1985). These conversations happened in India and beyond. For instance, Upendra Baxi, N.R. Madhava Menon, Clarence J. Dias, and (from Sri Lanka) Neelan Tiruchelvam participated in a 1970 workshop on empirical methods and South Asian law at Northwestern University, along with Marc Galanter and sociologist Richard D. Schwartz. Baxi and Rajeev Dhavan would lead among Indian lawyers publishing on legal studies from the 1970s onward. Their interests were scholarly, but they were also deeply invested in promoting change in the Indian legal system. Since the 1970s, they have published on themes as diverse as the legacy of colonialism in postcolonial law (Baxi 1982, 1986b), the development of a sociolegal research agenda for India (Baxi 1986b), censorship and law governing the press (Dhavan 1987b, 2008), the Indian Supreme Court (Dhavan 1977, 1980), law and poverty (Baxi 1988), access to justice (Baxi 1982), human rights (Baxi 2006, 2007), and the litigation surrounding the 1984 Bhopal disaster (Baxi 1986a). Baxi and Dhavan integrate legal history within their analysis of the contemporary Indian legal system. The end of the Emergency in 1977 inaugurated a remarkable period in Indian law, as members of the Indian legal profession, including scholars, worked to protect constitutional rights in powerful new ways (Sathe 2002). From 1975 until 1977, India had strained under Indira Gandhi’s state of Emergency. This experience seared itself into the collective memory, particularly for the Indian legal profession, which prided its polity on avoiding the authoritarianism of so many states in the region since independence (Austin 2000). Judges and legal scholars (Baxi 1985) helped initiate the age of public interest litigation or social action litigation, in which the Indian Supreme Court relaxed the rules of standing and procedure to maximize access to justice. Anyone could initiate a suit before the Supreme Court in cases where fundamental rights were concerned (Constitution of India, Articles 12–35) and could set a case in motion simply by sending the Supreme Court a handwritten note, triggering the court’s “epistolary jurisdiction” (Mendelsohn 2014, pp. 250–51). The taking up of cases at the court’s own initiative (suo moto) and the creation of monitoring Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. commissions were other key innovations (De 2015, p. 135). The legal academic Madhava Menon also worked, from the later 1960s until the 1990s, to realize his vision of reform for legal education (Krishnan 2004, Madhava Menon 2009). His multidecade campaign produced the National Law School (NLS) in Bangalore (Ballakrishnen 2009). This elite public institution would play a key role in the development of South Asian legal studies in the new millennium. Between the 1970s and 1990s, then, Indian lawyers, judges, and jurists took control of Indian legal studies. Through their writing and institutional efforts, they worked to create powerful—even revolutionary—new initiatives in the courts and in legal education. How were historians (Metcalf 2005) engaging with legal themes and sources in the same period? Since South Asian decolonization, many historians have used the legal archive to extract rich material on social, cultural, political, and economic history (for example, see M.R. Anderson 1990). Few, though, exhibited a sustained and predominantly legal interest in South Asian history. There

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were historians who wrote about law in history, in other words, but few if any would have described themselves as legal historians. This was true for two major schools of postcolonial South Asian historiography: the Cambridge school and the Subaltern Studies collective. Cambridge school historians C.A. Bayly and D.A. Washbrook, for instance, have written about law, the colonial state and property (Washbrook 1981), the eclipse of traditional Islamic legal authorities in Company India (Bayly 1983, 1996), and Indian lawyers during the Raj (Bayly 2012), but within a much larger body of work. Subalternists (Chaturvedi 2000) have used legal sources in their studies of land taxation systems (R. Guha 1996); prisons and policing (Arnold 1985, 1997); the prohibition of alcohol (Hardiman 1985); abortion (R. Guha 1997a); riot, rumor, and memory (Amin 1995); and aristocratic families and inheritance (Chatterjee 2002). Guha has written about the rule of law in colonial India (R. Guha 1997b, pp. 66–72). And yet even in work structured around the story of a single trial (Chatterjee 2002, R. Guha 1997a), the authors’ main interest has not been in questions of law or its discourses. There have been efforts to find more law in Subaltern Studies (Baxi 1992). For those who remain unconvinced, though, it would seem that legal history was not a priority because of the collective’s focus on nonelites: Legal history was arguably too state- and elite-centric. Moreover, law may have been regarded as merely epiphenomenal, particularly in the early period when the movement was more influenced by Marxist than Foucauldian thought. The Subalternist lack of interest in law was consistent with the same disinterest among social historians of other parts of the world (see Welke & Hartog 2009, p. 641). Events in India of the mid-1980s made law more central, and central with respect to gender specifically. The Shah Bano case (Khan v. Shah Bano 1985) pitted a woman’s entitlement to maintenance under Indian criminal law against the less generous provisions of Muslim personal law following divorce by .tal¯aq (Agnes 2007, pp. 307–11; Kumar 1993, pp. 160–71; Sezgin 2013, pp. 180–93; Solanki 2011, pp. 155–57; Subramanian 2014, pp. 238–47). The case revivified the decades-long campaign to abolish the personal law system, an aspiration of Article 44 of the Indian Constitution’s Directive Principles. Efforts to transform India into an entirely territo- rial jurisdiction were ultimately paralyzed by the strange alliance that developed: Many feminists found themselves uncomfortably aligned with the Hindu Right (for abolition) against Muslim community leaders (for retention). Equally, the 1987 Roop Kanwar sati case in Rajasthan revived controversy over the practice of ritual widow immolation, a form of apparent suicide criminal- ized by the colonial state in the early nineteenth century (Courtright & Goswami 2001; Kumar 1993, pp. 172–81). Legislation like the Commission of Sati (Prevention) Act 1987 followed. This episode, too, focused women’s rights activists on law. Scholars of South Asia, particularly women, were part of this revival. Lawyers like Flavia Agnes, Lotika Sarkar, Vasudha Dhagamwar, and Archana Parashar wrote about and litigated women’s legal issues (for example, Agnes 1999, 2004; Dhagamwar 1987; Parashar 1992; L. Sarkar 1995). Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. Feminist theorists like Nivedita Menon and literary scholars like Rajeswari Sunder Rajan wrote about sexual violence (Menon 2000) and citizenship (Sunder Rajan 2003). Historians of South Asia created new narratives about women in South Asian legal history. The second wave of South Asian legal studies began with this group of historians, predominantly South Asian women themselves. Their pioneering works examined gender and law generally ( J. Nair 1996); criminal law (including its effects in the domestic sphere) (T. Sarkar 1997, Singha 1998); sati (Mani 1998); the restitution of conjugal rights (Chandra 1998); age-of-consent legislation (Anagol-McGinn 1992, T. Sarkar 2000, Sinha 1995); infanticide (Anagol 2002); gender, slavery, and law (Chatterjee 1999); sex and violence experienced by working-class women (Kumar 2000); and the interaction between law and South Indian matrilineal traditions (Arunima 2000, 2003; Kodoth 2001). The 1990s also saw the creation of the ﬁrst elite public law school in India: the NLS in Bangalore (Ballakrishnen 2009). The NLS was a free-standing law school, unafﬁliated with a larger university,

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that admitted students directly from secondary school by competitive exam. The five-year degree combined law and a social science and humanities curriculum. The first entering class of NLS students began in 1988 and graduated in 1993. Since then, the NLS Bangalore has produced many of India’s most dynamic young lawyers, raising the status of a profession that had fallen in the postcolonial period (Sathe 1989). The NLS student experience has been memorialized in fiction (Sarna 2012), and other law schools have been created on a similar model in Bhopal, Hyderabad, Kolkata, Jodhpur, Raipur, Delhi, and elsewhere. It was originally hoped that the NLS would produce litigators for India’s needy through public interest law. What was not expected was the economic liberalization from 1991 onward of India’s tightly controlled economy. Elite foreign companies moved into India and hired NLS graduates (Ballakrishnen 2012, p. 2459; Krishnan 2004, p. 494). Top law firms in London and New York did too, with the result that NLS graduates went abroad. By the first decade of the new millennium, another unpredicted stream of graduates from India’s top law schools began flowing out of India. This group was more scholarly minded. These Indian lawyers undertook graduate studies in the United States, initially at law schools like Yale and Harvard for the LLM and SJD programs (for the work of one such scholar, see Kotiswaran 2011). Soon, they began pursuing PhDs in other disciplines within the humanities and social sciences, including history, political science, anthropology, and sociology, at schools like Princeton, Yale, Columbia, and Stanford (for examples of these scholars’ work, see Ballakrishnen 2012, Bhuwania 2014, Dasgupta 2014, De 2010, Ramnath 2013).

SECOND-WAVE SCHOLARS AND SOURCES Within the larger wave of scholars working on South Asian legal studies since the late 1990s, dual-degree Indian scholars deserve special note. Many of these scholars are currently completing doctorates or have begun their early tenure-track years in American and British academia. A few have returned to launch academic careers in India. Their legal education coupled with training as historians or social scientists reproduces the equivalent of the JD-PhD pattern that began among sociolegal scholars of the United States around the 1970s. This pattern of dual training is new to the ﬁeld of South Asian legal studies. The most obvious of its effects is that there is now a small but growing interdisciplinary group of scholars of South Asian studies, including historians, who are primarily concerned with law as their subject of study. This new generation exhibits notable methodological rigor in their study of law. Their approach is partly that of lawyers, but also that of their other disciplines. Legal thought has a distinct intellectual history, language, and logic, and the new cohort of Indian lawyers-turned-historians (or social scientists) is careful to keep this aspect of their materials in balance. Equally, these Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. scholars have been trained in the methodologies of history or social science, unlike most lawyers who write on Indian legal history: Their work is grounded in extensive archival research or in social scientific quantitative or qualitative data collection. They also have excellent South Asian language skills (more on this below). Unlike the first wave of South Asian legal studies, scholars of the second wave are often mainly historians and are typically of South Asian background, female, or both. Their questions and interests are also different. These scholars no longer believe that the colonial legal system, for instance, was fundamentally uninterested in regulating the family (Mendelsohn 2014, p. 21, 48– 50). Whereas the first wave was interested in recurring patterns of legal mechanics and institutions, the second wave has been much more interested in particular cases, having come of age after the narrative history movement (Chatterjee 2012, Mallampalli 2011, Purohit 2012, Stephens 2014b). The influence of postcolonial and postmodern theory, and particularly of Foucauldian models of

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governmentality and discourse analysis, also distinguishes much of this more recent work from that of the long 1960s (for example, Birla 2009, 2010). Political scientists are producing comparative work on Indian legal history (Epp 1998, Jacob- sohn 2003, Kumarasingham 2013, Sezgin 2013). Imbued with a disciplinary sensitivity toward the distinctiveness of any particular setting, however, those trained as historians are less willing to undertake comparative studies. Their work is utterly distinct from the kind of comparative United States–India studies that many American law professors have persuaded their Indian students to conduct at US law schools since the 1950s, a result of these academics’ inability to assess South Asia on its own terms (Baxi 1986c, p. 333). The first wave of scholars also integrated legal history within work on contemporary legal studies, in the typically nonhistorian’s quest to explain how we got from there to here. Second-wave historians, by contrast, value the study of law in the past for what it can tell us about the period in question, not our own. There have also been developments in the type of archives and sources used. Scholars of the long 1960s relied methodologically on interviews, surveys, ethnographies, and published sources rather than on archival work (for instance, see Schmitthener 1968). Until the past decade, historians using legal primary sources relied almost entirely upon state archives housed at the British Library in London, the National Archives of India in Delhi, and regional state archives across India like the Maharashtra or West Bengal State Archives. These archives contained extensive collections of legislative papers, but only a tiny and unrepresentative handful of papers related to litigation. Scholars have begun to explore local court records held at district record offices across India (Dube 2004; Pant 2013, 2014, forthcoming). These records have been underused in the past, being much less accessible than the records at state archives in larger urban centers (see Dube 2004). Like historians of the lower courts, those working with the upper courts have unearthed a wealth of new archival materials over the past decade. These scholars use functioning courts like the Bombay High Court in Mumbai and the Indian Supreme Court in Delhi as archives and turn to the rich body of case files produced by the Judicial Committee of the Privy Council (Chatterjee 2012; De 2013, 2014; Sharafi 2007a, 2010, 2014; Stephens 2013). Court records like these include testimony, exhibits, and judgments from thousands of cases, most of which left no trace in the published law reports (see Sharafi 2015). This trend should only continue as others gain access to records at the Madras High Court (Chennai), the Allahabad High Court, the Calcutta High Court (Kolkata), and elsewhere. Among scholars of empire more broadly, group projects on the judicial records of the Privy Council have been funded in the United Kingdom (led by Nandini Chatterjee) and Canada (led by Bonny Ibhawoh). Digital humanities-style projects making Privy Council records available online have been sponsored by the Ames Foundation in the United States and Macquarie University in Australia. Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only.

CURRENT THEMES IN INDIAN LEGAL HISTORY Developments that began in India during the 1980s and 1990s (in the women’s movement and in legal education) helped produce a rich outpouring of scholarship on law and identity, often in the context of gender and religion. Heightened awareness of religious identities and communal conﬂict in India since the 1980s may also have contributed to scholars’ focus on the history of the personal law system. It is impossible to forget the violence surrounding the anti-Sikh riots of 1984, the demolition of the Babri Masjid in Ayodhya in 1992, or the Gujarat riots of 2002. Other themes have created additional hubs of activity. Among these are the history of criminal law (occasionally overlapping with gender or religion), the intellectual and ideological history of the concept of law (particularly as part of the colonial project), the history of the legal profession,

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legal history in an imperial and diasporic context (often pertaining to prison and labor studies), and postcolonial Indian legal history (typically constitutional). In the new millennium, gender has continued to be a key focus of histories with a legal element, building upon pioneering feminist histories of the 1990s. A series of monographs have explored women’s legal status as wives, widows, concubines, mothers, and daughters (Ghosh 2006, Majumdar 2009, Oldenburg 2002, Sreenivas 2008, Sturman 2012). Studies of slavery (Vatuk 2006), prostitution (Legg 2014, Tambe 2009, Wald 2009), child marriage (Pande 2012, Sarkar 2008), and rape (Kolsky 2010a, Pande 2013) have made important contributions to this literature. Sociolegal studies of rape in India today also examine medicolegal history (Baxi 2014). Religion has been the second key area of interest, and one that often overlaps with gender because of the personal law system. A rich scholarship now exists on the expression and contestation of religious community identities through personal law among Hindus (Denault 2009; Kasturi 2009; Newbigin 2013; Shodhan 2001; Sturman 2012; Subramanian 2010; 2014, pp. 137–98), Muslims (De 2009; Jones 2012; Purohit 2012; Shodhan 2001; Stephens 2013, 2014a), Christians (Chatterjee 2010b, 2011; Mallampalli 2004, 2011), and Parsis (Sharafi 2007a, 2014). The history of the civil marriage option (through the Special Marriage Act) sits outside of personal law, but defines itself through community nonetheless (Chatterjee 2010a, Mody 2002). Scholars have also examined interactions between communities through communal legal conflicts (De 2013, Groves 2010, Nair 2013) and through forum shopping between bodies of personal law (Chatterjee 2012, De 2010, Sharafi 2010). A vibrant literature exists on crime and criminal law. Racial difference has been a focus for work on violence and criminal law (Bailkin 2006; Kolsky 2005, 2010b) and the jury in criminal trials ( Jaffe 2014; 2015, pp. 167–82; Ramnath 2013) in British India. Scholars have also written on Company-era criminal regulations (Malik 1994); the Indian Penal Code (Nair 2013, Skuy 1998, Wright 2011); perjury and forgery (Raman 2012, pp. 137–60; Schneider 2007); thuggee or dacoity and the Criminal Tribes Acts (Freitag 2000, Radhakrishna 2001, Wagner 2007); sedition and political trials (Bakhle 2010, Kamra 2009); policing and the Calcutta Goondas Act (Nandi 2014); torture (Rao 2006); prisons and prisoners, including the transportation of convicts and penal colonies like the Andaman Islands (for example, C. Anderson 2000, 2004, 2007; Sen 2000, 2012; Vaidik 2006); and medical jurisprudence or the history of forensics (Kolsky 2010a,b; Pande 2013; Mitra & Satish 2014; Sengoopta 2003). Historians of ideas and political theorists have explored discourses surrounding the concept of law in modern India. Intellectual histories of the rule of law (Hussain 2003) and the work of Henry Maine (Mantena 2010) have examined the colonial period. Work on the transition from colony to independence has revealed ideological continuities between imperial and international interactions (Mukherjee 2010). Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. The Indian legal profession was of special interest in the long 1960s (for example, Galanter & Kidder 1968, Kidder 1974, Morrison 1974). Recently, sociolegal scholars have returned to the area, incorporating a historical element in their analysis (Ballakrishnen 2009, 2012; Dezalay & Garth 2010; Gupta et al. Forthcoming). Before 2000, historians seemed more interested in law itself than in the legal profession, although there were notable exceptions among the students of Robert Frykenberg (Paul 1991, Price 1989). In the new millennium, however, scholars have begun to explore the role of South Asian lawyers and judges as cultural intermediaries in the colonial setting, an approach with broad applicability across the empire (Chatterjee 2014b; Guenther 2004, 2009, 2011; Sharaﬁ 2007a,b, 2014). Gender studies of the legal profession remain rare, although there is work on pioneering female lawyers like Cornelia Sorabji (Gooptu 2010; Mossman 2006, pp. 191–237) and on the wives of British judges in colonial Madras and Bombay (Cocks 2002). Writing on judges and judicial culture has focused on the Supreme Court for the postcolonial

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period (Chandrachud 2014, Gadbois 2011) and on the High Courts for the colonial period (Cocks 2014; Sharafi 2007a, 2012, 2014). An overlapping body of work looks at the history of particular courts. In addition to scholarship on the Supreme Court (noted below), this literature has created portraits of India’s short-lived Federal Court (De 2012), the Privy Council (De 2014), and the Bombay High Court (Chandrachud 2015). A court-based focus is reminiscent of the style of scholarship produced during the long 1960s. Historians of the British Empire have also been exploring law in India (den Otter 2013), particularly as it relates to broader imperial and diasporic contexts. Although the study of legal pluralism began in the colonial context (Hooker 1975), historians rediscovered the concept only with the comparative imperial legal historical work of Lauren Benton (2002). Mobility and migration (Mawani 2012b, Mawani & Hussin 2014) and spatiality (Anderson 2014) have been part of these wider discussions. As noted above, comparative work by historians of South Asia is rare. What does exist is most often in conversation with the broader imperial literature (Heath 2010, Muller 2010, Ocko & Gilmartin 2009, Wiener 2009). Other historians are exploring the legal history of labor among South Asian diasporas (Koya 2014, Sturman 2014), complementing work on labor in India (Balachandran 2011), including slavery (Chatterjee 1999, Vatuk 2006), and on South Asian indentured servitude both in South Asia (M.R. Anderson 2004, Kolsky 2010b) and across the empire (Mohapatra 1995, 2004; Wright 2014). The study of diasporas and law is also a vibrant field among legal academics writing on South Asians in Europe during and since the twentieth century (for example, Menski 2007, Shah et al. 2014) and on the role of cultural and religious expert witnesses (Holden 2011). Finally, the legal history of late colonial and early postcolonial India has burgeoned across disciplines in recent years. Studies of Hindu Code legislation, constitutionalism, border making, and ordinances examine the late colonial and early independence periods (Dam 2013, De 2013, Kumarasingham 2013, Mahmud 2010, Newbigin 2013, Williams 2010), reflecting a broader trend in South Asian historical research. Building on the work of Granville Austin (1966, 2000) and George Gadbois (2011), studies of the Indian Constitution and the Indian Supreme Court (Chandrachud 2014, Robinson 2013) are newly energized fields (see Robinson 2013, notes pp. 51– 53), with much attention focused on public interest or social action litigation (for example, Bhuwania 2014, Mendelsohn 2014). As noted below, comparative constitutionalism has also generated recent work assessing India’s constitutional culture vis-a-vis` that of other South Asian polities (for example, Khilnani et al. 2013). There are, of course, scholars and subfields that sit outside of this review’s two-wave pe- riodization. Historians like David Washbrook (1981), Anand A. Yang (1985a), Thomas Metcalf (1995, 2007), David Gilmartin, Sumit Guha (2000), Peter Robb (2007), Rajnarayan Chandavarkar, Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. David Arnold, and Joerg Fisch have used legal sources extensively and written on themes like crime, policing, and prisons (Arnold 1985, 1997; Chandavarkar 1998; Robb 1991; Yang 1985c, 1987); customary law in Punjab (Gilmartin 1988); election law (Gilmartin 2007); the relationship between rule-of-law ideology and colonial rule (Fisch 1992); colonial and Islamic criminal law (Fisch 1983); and the criminalization of tribal peoples (Yang 1985b). Kunal Parker’s (1998) study of temple dancing girls in colonial Indian law complements later work on the regulation of prostitution (Tambe 2009, Wald 2009). Lucy Carroll’s research on Muslim and Hindu personal law has been largely doctrinal and contemporary, but with some forays into legal history (for example, Carroll 1989). Histories of Muslim and Hindu law in India are almost their own distinct subﬁelds, too, particularly for scholarship grounded in non-English texts and produced by nonhistorians. A rich line of writing on Islamic law in British India grew in the 1980s with studies of Islamic criminal law

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in early colonial Bengal (Fisch 1983) and wakfs (Kozlowski 1985) and continued with work on the processes that created Anglo-Islamic law (for example, Abbasi 2014; Anderson 1993; Emon 2006; Jalal 2000, pp. 139–53; Kugle 2001; Strawson 2014). There is also an extensive body of scholarship on nonstate Islamic legal culture in India from the pre- to postcolonial eras (for example, Ghose 2014, Moosa 2009, Redding 2014, Solanki 2011). Researchers have examined the formation of Anglo-Hindu law through the work of legal Orientalists, the scholars and translators of the late eighteenth and early nineteenth centuries who compiled the earliest English-language treatises (Bhattacharyya-Panda 2008, Davis 2009, Hatcher 2012, Lariviere 1989, L. Rocher 1972, R. Rocher 2010, Rocher & Rocher 2012). J.D.M. Derrett was a pioneering ﬁgure in the ﬁeld of Hindu law (for example, Derrett 1999). His mantle was inherited by his proteg´ e´ at SOAS, Werner Menski (2000, 2003). Scholars of Sanskrit from P.V. Kane and Robert Lingat to Richard W. Lariviere, Ludo Rocher, Patrick Olivelle, and Donald R. Davis Jr. have grounded their work in the analysis of Sanskrit texts, examining the rules and practice of Hindu law in ancient, medieval, and modern settings (for example, Davis 2010a,b, 2013; Kane 1953; Lariviere 2005; Lingat 1973; Olivelle 2011; Rocher 2012).

CRITIQUES AND CONCERNS How may current developments be criticized? First, Subalternists and law-and-society scholars alike may ask whether scholars of Indian legal history are overemphasizing elites and the state. It is true, of course, that social elites had greater access to and control over organs of state law, and that the primary sources produced thus tended to privilege them. One hopes, in the spirit of Subaltern Studies, that scholars still aspire to read these sources against the grain, although the approach receives less mention now than formerly. Nonetheless, the legal archive contains rich materials on nonelites in notable ways. Legal primary sources often include detailed, fine-grained accounts of the everyday lives of nonelites, and of their legal consciousness. On occasion, entire courts were dominated by matters pertaining to the poor, for instance (Sharafi 2014, pp. 193–236). There is a decades-long tradition among historians of India of using legal sources to data mine, including on nonelites (for example, Guha 1997a). Equally, the recovery of customary norms is often visible through court records, particularly in cases of clashes between state and customary law. Over the past decade, scholars have used state court records to reveal worlds of customary norms applied by panchayats ( Jaffe 2015) and observed in various parts of colonial and postcolonial India (Chowdhry 2007; Pant 2013, 2014, forthcoming; Shodhan 2010). While scholars of the first wave focused on caste (Galanter 1963, 1984), those of the second wave have reframed their theme of interest as custom (Rao 2009 is an exception). The study of panchayats actsasa bridge. Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. Nonelites also occasionally appeared in court cases as parties. Prostitutes and poor Muslim butchers were key players in the constitutional lawsuits of early independent India (De 2013), as the underprivileged have been in public interest litigation suits since the 1970s (Mendelsohn 2014). A key debate in legal history generally has been whether the courts represented a system inescapably rigged against nonelites or “an arena of struggle between competing normative understandings, as a place where conﬂict occurred” (Welke & Hartog 2009, p. 643). In second-wave writing, the arena model has dominated, with nonelites behaving strategically and sometimes effectively through use of the tools of state law. Legal historians must be aware, in short, of the risk of appearing state- and elite-centric through the production biases inherent in their archive—and yet they can work to counterbalance it by actively seeking out nonelite voices and worlds that are often embedded in these same sources. As has been said for US legal history, “Everybody is involved in law. It’s not just elites; everybody is in it, and everybody’s making it” (Welke & Hartog 2009, p. 635).

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A second criticism could be expressed by premodernists, on the one hand, and by scholars of the postcolonial period, on the other. It pertains to the dominance of the colonial period within South Asian legal history. Are scholars overemphasizing the colonial period and its significance for the longer stretch of South Asian history? There is no doubt that British India has been the most popular research target for scholars. An effect has been the assumption that phenomena including dacoity, communalism, and caste were effectively creations of colonialism. If historians of the colonial period were in closer dialogue with premodernists, they might find that there were more continuities between precolonial and colonial India than expected—in the legal domain as much as in others. More work on early modern legal history (like Chatterjee 2014a,c; Guenther 2003; Guha 2015; Pirbhai 2008) and the early colonial period (like Brimnes 2003, Fraas 2014, Mines 2001, Stern 2011, Travers 2007) is certainly needed. Failing to appreciate the larger and preexisting context fully, historians of colonialism (particularly of the Raj) may give the colonial state too much credit. One reason for the dominance of scholarship on the colonial period is the relatively well pre- served, voluminous, and accessible quality of its archive—at Indian archives and the British Library and in published form (now increasingly available online). Another may relate to language skills. An implied Subalternist criticism of the Cambridge School was that the latter relied excessively on English-language sources. Although many scholars trained in the wake of that critique have worked hard to acquire South Asian language skills, the criticism still has bite in the field of South Asian history generally. Even legal historians able to work in languages other than English seem not to use these skills as much as they could—possibly a consequence of the richness of English-language sources and the comparative difficulty of locating vernacular primary-source materials pertaining to law. Yet this is one area in which the field could do better. Equally, the greater integration of vernacular sources with English-language ones could also allay anxieties about state-centrism. Legal sources, especially from the upper courts and legislatures, have existed in English from the colonial period onward. A broader reach into nonstate, local, and vernacular accounts of surrounding events could give voice to alternative, nonstate perspectives (as in Mukhopadhyay 2006, Shodhan 2001, Stephens 2014a). A third and final criticism pertains to divisions within the academic community of scholars now working on South Asian legal history. Those working in South Asia and those working outside of it do not have as much contact as they should, nor do they have access to the same scholarly tools. The imbalance of wealth between the global North and South means that, in almost neocolonial fashion, Indian university libraries often cannot afford the latest monographs on Indian legal history published in the United States and United Kingdom. These dynamics are nothing new (Dhavan 1985, p. 525). Put crudely, the production of knowledge about South Asia remains a privilege of those in Euro-America, although this latter group now includes scholars who are part Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. of the South Asian diaspora. The internet is not necessarily helping. Although it has given birth to an astonishing new universe of websites offering free online resources, the digital divide is widening the gap between global North and South by the fact that mammoth and essential online databases are available by subscription only. Use of databases like JSTOR, LLMC, and the TimesofIndiais arguably essential for the production of cutting-edge research on South Asian legal history. And yet only those at Western universities enjoy widespread access. Countervailing factors are the availability of archives in India and a relatively discrete publishing world there. Even so, it is easier for scholars based in the United States and United Kingdom to gain access to these India-based resources than for scholars in India to gain access to the latest literature and databases available at American and British universities. The Law and Social Science Network (LASSNet), created by Pratiksha Baxi at Jawaharlal Nehru University in Delhi, has done tremendous work in connecting scholars of

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South Asian legal studies globally. Nonetheless, the differential in access to scholarly resources persists. It is also worth noting that, particularly in the last decade, South Asian legal history has developed its own distinct identity as a discipline in North America under the influence of key figures and institutions linked with US legal history and legal studies, particularly the American Society for Legal History and the Law and Society Association. As a result, the field of South Asian legal history as produced by scholars based in North America is often in tight dialogue with US legal history and the law and society movement. By contrast, scholarship coming out of India is less of its own separate field, and is in closer conversation with the fields of history, anthropology, and social theory. This difference in disciplinary alignment also contributes to the sense of a gap between scholars based in India and those based outside of it. There is also the greater disciplinary specialization that has developed as Indian legal studies have proliferated. In the 1960s, the first wave of scholars were inter- and multidisciplinary by necessity: Relatively few academics worked on Indian legal studies. During the current new wave of scholarship, though, it has become easier to miss relevant work, particularly if produced outside of one’s own discipline. Scholars of South Asian legal history must be aware of the growth of and drift between fields. They may have to work harder to identify all relevant work. In other words, disciplinary and subdisciplinary ghettoization has added another kind of barrier among scholars, in addition to the regional patterns noted above.

SOUTH ASIA BEYOND INDIA A further criticism of the current wave of South Asian legal history is that “South Asia” is a misnomer: Scholars have been almost entirely focused on India. During the colonial period, British India included what would become Pakistan (initially West Pakistan) and Bangladesh (earlier East Pakistan). Nonetheless, the legal history of postcolonial Pakistan and Bangladesh, along with that of all other parts of South Asia beyond India, remains comparatively unexplored (Figure 1). Legal historians have yet to discover law for the rest of South Asia in the way that they are doing for India. To date, most work on law in these other regions has been undertaken by lawyers [like Siddique (2013) on Pakistan], scholars of religious studies [like Lammerts (2010, 2013) on Burma], anthropologists [like French (1995) on Tibet], and political scientists [like Braibanti (1966) on Pakistan], and often with a contemporary focus. The exception is Sri Lanka (formerly Ceylon), whose legal history is the subject of a sizeable literature. Much of this work is heavily doctrinal, being produced by lawyers writing in the European tradition of legal history and focusing on the layered inﬂuences (both Roman-Dutch and common law) left by succeeding waves of colonization (for example, Cooray 1971). Equally, though, there Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. are also studies of Sri Lanka that contextualize the history of litigation (Samaraweera 1979) and punishment (Rogers 1987, 1991) within the broader sociocultural setting and that examine the rich interplay between law and religion (Schonthal 2014a, 2015a,b), particularly in the context of Buddhist monks and monasteries (Kemper 1984, Schonthal 2014b). Constitutionalism is the leading theme for transregional work (like Khilnani et al. 2013). Schol- ars have undertaken comparative studies of the creation and early life of South Asian constitutions (Kumarasingham 2013), alongside studies by legal historians on India (for example, De 2013, Ramnath 2012). Even more broadly, work on British constitution writer Ivor Jennings reaches across the unraveling empire, from Ceylon and Pakistan in South Asia to Malaya and Sudan beyond (Kumarasingham 2015). Scholars of Himalayan societies have traced the progressive limits imposed on monarchical power by constitutions since the mid-twentieth century in Bhutan (Whitecross 2014) and since 1990 in Nepal (Bhandari 2014, Malagodi 2013). With Myanmar’s

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introduction of a new constitution in 2008, a new literature on constitutionalism in Burma is also emerging (Crouch 2014, Dziedzic & Saunders 2014, Williams 2014). Relatedly, states of emergency in India and Pakistan (for example, Kalhan 2010, Lombardi 2010, Mate 2012, Thiruvengadam 2010), Burma or Myanmar (Aung-Thwin 2010), and Sri Lanka (Nesiah 2010) have also generated a dynamic literature. Scholars of the legal profession have examined the role of legal elites in resisting authoritarianism (for example, Dezalay & Garth 2010 on India) or in largely acceding to it (Udagama 2012 on Sri Lanka). The Pakistani lawyers’ movement of 2007 has generated an important literature in this vein (Aziz 2012; Ghias 2010; Kalhan 2010; 2013, pp. 43–46 and note 22; Malik 2008; Munir 2012; Siddique 2013, pp. 238–40). New work on the history of Bangladeshi lawyering explores conﬂict between the legal profession and government during the 1980s over the eighth amendment to the constitution (Farid 2013). The study of law and Buddhism is another rapidly developing area. For decades, scholars like Rebecca Redwood French and Andrew Huxley wrote on Buddhist law in Tibet (for example, French 1995) and Burma (for example, Huxley 1998, 2001). There were some collective and synthetic efforts in the 1990s and early 2000s (like French 2007, Huxley 1997, Reynolds 1995). More recently, though, scholars working across South, Southeast, and Inner Asian settings have come together with new force to focus on law (French & Nathan 2014). For them, Buddhist legal studies encompass precolonial Buddhist law in Burma (Lammerts 2014), the legal regulation of Buddhist institutions and players in Sri Lanka (Goonasekera 2014, Schonthal 2014b), Tibetan legal consciousness (French 2014), and Buddhist principles permeating Bhutan’s constitution (Whitecross 2014). Against this approach are scholars who suggest that religion has actually played only a minor role in dispute resolution in Buddhist societies like Tibet (for example, Pirie 2013). Studies of law and gender have also offered important historical insights beyond India, as within it. Studies of family law in Nepal (Gilbert 1992, Kunreuther 2009, Pradhan 2013) and of the effects upon women of the hudood ordinances operating in Pakistan between 1979 and 2006 (Lau 2007), as well as their understandings of Islamic law (Weiss 2014), have explored South Asian history of the past half-century. Legal academic Savitri Goonesekere has created a rich body of work on gender in Sri Lankan law, with occasional forays into legal history (for example, Goonesekere 1990). Finally, there is work on rule-of-law projects of the recent past. Law-and-development projects run by international and South Asian nongovernmental organizations over the last few decades have both generated their own reports by scholars and been the subject of outside academic analysis. Scholars have doubted the effectiveness of such efforts in Afghanistan (for example, Barﬁeld 2008) and Pakistan (for example, Siddique 2013, pp. 263–339). Assessments of rule-of- law projects in Burma or Myanmar are coming in the wake of that country’s political transition since 2011 (Harding 2014). As scholars writing on legal transplants (like Huxley 2001) and Third Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org

Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. World Approaches to International Law (Anghie 2008) would agree, there are disturbing parallels between these efforts and colonial legal history. The current skepticism echoes disillusionment from within the law-and-development movement four decades earlier (Trubek & Galanter 1974). Lawyers and social scientists have produced the bulk of legal studies for South Asia beyond India, including vibrant sociolegal studies of Pakistan (like Ahmed 2009, Siddique 2013) and Burma (Cheesman 2015). South Asian legal history beyond India remains fresh and exciting terrain for legal historians. Recent and forthcoming work by historians of Burma (Aung-Thwin 2011, Saha 2013) and Nepal (Rupakheti 2015) exemplify the type of rich sociolegal histories that are possible. Furthermore, edited volumes (French & Nathan 2014, Khilnani et al. 2013, Ramraj & Thiruvengadam 2010) and comparative studies (Kumarasingham 2013, Schonthal 2016) of recent years reﬂect the growth of a truly South Asian conversation among scholars working across the region.

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FUTURE DIRECTIONS Many research areas are flourishing—or should be—in South Asian legal history. These include pre- and noncolonial legal history (Guha 2015), vernacular legal cultures (Stephens 2014a), and interactions between law and custom ( Jaffe 2015, Pant forthcoming). The intersection between legal and environmental history, the study of law and spatiality (including urban and architectural spaces) (Anderson 2014), legal iconography (Khorakiwala 2014), and law’s material cultures are also prime areas for new work. Legal record-keeping, bureaucracy, and petitioning (Abraham 2013, Raman 2012) are dynamic new areas, and the history of legal artifacts, including the law book (along with legal publishing), deserves similar attention. The study of corruption in legal history is also attracting scholars (Abraham 2013, Saha 2013). Multidisciplinary researchers are wrestling with the debate over colonial and postcolonial continuities, asking whether all or only some colonial-era law (in force in South Asia today) is colored by the imperatives of colonial rule (Burra 2010, Kalhan 2015). Relevant for all areas of research are the new archives being discovered and used in South Asia. Appellate courts hold unexplored treasures for legal historians, as do district record offices housing local court records. Some areas of recent work reflect the influence of sociolegal studies and of inquiries first made during the 1960s. The history of the legal profession is experiencing a revival (Chatterjee 2014b, Sharafi 2014). Further research remains to be done on women and the lower ranks of the legal profession. There may also be renewed interest in property, including the history of land acquisition (Krishnan 2014). Legal consultation practices merit study. Similarly, legal consciousness and the circulation of legal knowledge (Sharafi 2014) are themes ripe for further research, as is the social reception of legal outcomes (including through social movements). Inverting the perspective of most legal consciousness scholarship, scholars should explore the ways in which administrative agencies have understood and applied law. Legal pluralism has been a hub of activity in recent years (Benton 2002, Benton & Ross 2013). Moving beyond the observation of multiplicity, researchers may now examine questions of scale and change over time in the historical study of plural normative systems. Scholars of the second wave of South Asian legal studies should consider the ways in which they may temper the privileging of India, the state, the colonial period, and English-language sources as they unearth the full riches of the legal archive. They should also keep in mind the larger history of which they are a part, and that the first wave of work that preceded them (although not the work of historians) continues to offer value, particularly on the historical mechanics and dynamics of dispute resolution and the legal profession. Indeed, as scholarship on the first few decades of the independent era grows, these secondary sources from the long 1960s are becoming primary sources themselves. Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. DISCLOSURE STATEMENT The author is not aware of any affiliations, memberships, funding, or financial holdings that might be perceived as affecting the objectivity of this review.

ACKNOWLEDGMENTS I thank James R. Jaffe, Rohit De, and especially Marc Galanter for sharing thoughts and recol- lections of the developments described here. I am also grateful to Cynthia Farid, Bhavani Raman, Benjamin Schonthal, and Annual Reviews’ anonymous reviewer for their comments. Members of my writing group at the University of Wisconsin (UW) Law School (Tonya Brito, Gwendolyn

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Leachman, and David S. Schwartz) read an earlier draft and provided rigorous feedback. I would also like to thank the scholars who shared forthcoming work and unpublished dissertations with me. Any omissions remain my own. Finally, I am grateful to Peter Lawrence-Wehrle of the UW Law Library for his stamina and to the UW Law School for funding the creation of the map (designed by Katie Kowalsky of the UW Cartography Lab).

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Annual Review of Law and Social Science Contents Volume 11, 2015

An Unusual Career: Considering Political/Legal Orders and Unofﬁcial Parallel Realities Sally Falk Moore ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp1 Housing, Poverty, and the Law Matthew Desmond and Monica Bell ppppppppppppppppppppppppppppppppppppppppppppppppppppppppp15 Adversarial Allegiance among Expert Witnesses Daniel C. Murrie and Marcus T. Boccaccini ppppppppppppppppppppppppppppppppppppppppppppppppp37 Approaching the Econo-Socio-Legal Amanda Perry-Kessaris ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp57 Behavioral Ethics Meets Legal Ethics Jennifer K. Robbennolt pppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp75 Constitutional Amendments Heinz Klug ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp95 Effectiveness and Social Costs of Public Area Surveillance for Crime Prevention Brandon C. Welsh, David P. Farrington, and Sema A. Taheri pppppppppppppppppppppppppp111 Empirical Comparative Law Holger Spamann ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp131 Experimental Justice Reform: Lessons from the World Bank and Beyond Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. Deval Desai and Michael Woolcock ppppppppppppppppppppppppppppppppppppppppppppppppppppppppp155 Getting Around and Getting On: Self-Interested Resistance to Technology in Law Enforcement Contexts Helen Wells pppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp175 Governing Global Supply Chains: What We Know (and Don’t) About Improving Labor Rights and Working Conditions Daniel Berliner, Anne Regan Greenleaf, Milli Lake, Margaret Levi, and Jennifer Noveck pppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp193

v LS11-Front-Matter ARI 19 September 2015 14:52

Improving the Effectiveness of Suspect Interrogations Christian A. Meissner, Christopher E. Kelly, and Skye A. Woestehoff ppppppppppppppppppp211 Legal Control of Marginal Groups Forrest Stuart, Amada Armenta, and Melissa Osborne ppppppppppppppppppppppppppppppppppp235 Misdemeanors Alexandra Natapoff ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp255 Race, Ethnicity, and Culture in Jury Decision Making Jennifer S. Hunt pppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp269 Social Rights Constitutionalism: Negotiating the Tension Between the Universal and the Particular Daniel M. Brinks, Varun Gauri, and Kyle Shen pppppppppppppppppppppppppppppppppppppppppp289 South Asian Legal History Mitra Sharaﬁ pppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp309 Surveying Key Aspects of Sociolegal Scholarship on India: An Overview Jayanth K. Krishnan and Patrick W. Thomas pppppppppppppppppppppppppppppppppppppppppppp337 The Economics of Civil Procedure Daniel Klerman ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp353 The Fall and Rise of Law and Social Science in China Sida Liu and Zhizhou Wang ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp373 The Relevance of Law to Sovereign Debt W. Mark C. Weidemaier and Mitu Gulati ppppppppppppppppppppppppppppppppppppppppppppppp395

Indexes

Cumulative Index of Contributing Authors, Volumes 1–11 pppppppppppppppppppppppppppp409 Cumulative Index of Article Titles, Volumes 1–11 ppppppppppppppppppppppppppppppppppppppp412 Annu. Rev. Law. Soc. Sci. 2015.11:309-336. Downloaded from www.annualreviews.org Access provided by University of Wisconsin - Madison on 12/14/15. For personal use only. Errata

An online log of corrections to Annual Review of Law and Social Science articles may be found at http://www.annualreviews.org/errata/lawsocsci

vi Contents