Question

How was the colonial law according to the historians

class 8
history​

Answer 1

Answer:

the impact of the colonial period on more recent questions such as restitution of objects that were taken from former colonies with headlines such as „Return colonial artefacts“ in the British „Guardian“ or simply „Give them back!“ in the German Süddeutsche Zeitung. On Friday, 14th December 2018, the Legal History Research Group (GRR) at Humboldt University took up this subject in a workshop on „Colonial Law History“. Through four lectures and subsequent discussion between academics in both fields law and history, it dealt with this topic on the intersection of legal and colonial history, spanning from early colonisation in the Renaissance to current discussions of restitutions of colonial artefacts.

Christina Brauner (Berlin) dealt with conceptual questions on legal diversity in cultural contact. During European expansion in the early modern period, colonizers with their European legal concepts encountered local practices based on other legal norms. The beginnings of the colonization of South India and West Africa in the 17th century show that with the arrival of Europeans in the global South, different legal systems met – and sometimes clashed. The paper referred to major hubs of colonisation in the Global South as „cultural contact zones“ in which two or more legal systems were practiced simultaneously and often mixed, creating a state of “multi-normativity”.

Anna Dönecke (Bielefeld) presented an example for this multi-normativity with a case study from Pondicherry, a South Indian commercial settlement: an inheritance dispute from the 17th century in which the parties in court invoked both Malabar and French law, depending on which promised to benefit them more. Historical actors, she concluded, have taken advantage of the context of legal diversity and, where possible, exploited the room for manoeuvre opened up by institutional heterogeneity – a strategy often referred to as “forum shopping”. In a further step, she pointed out that by doing so, actors were not only actively navigating through the state of legal „multi-normativity“, but were actively changing it by mixing and entangling different legal systems.

Explanation:

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