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5 Confronting colonial otherness
Chapter

5 Confronting colonial otherness

Abstract

Recent scholarship in political thought has closely examined the relationship between European political ideas and colonialism, particularly the ways in which canonical thinkers supported or opposed colonial practices. However, little attention has been given to the engagement of colonized political and intellectual actors with European ideas. This book demonstrates that a full reckoning of colonialism's effects requires attention to the ways in which colonized intellectuals reacted to, adopted, and transformed these ideas, and to the political projects that their reactions helped to shape. It presents acts of hybrid theorization from across the world, from figures within societies colonized by the British, French, and Spanish empires who sought an end to their colonial status or important modifications to it. The book examines John Stuart Mill's neglect of the Bengali reformer, Rammohun Roy. Exploring what transpired with this potential for intellectual influence across cultural borders during the course of Mill's intellectual career is an unfinished project. The Indian Sociologist is a radical anti- colonial journal created, edited and published by Shyamji Krishnavarma, was an important mouthpiece of the early (pre- Gandhian) Indian nationalist movement's extremist faction at the international level. Jotirao Govindrao Phule fought for Sudratisudras who were abased, maltreated, and reviled as slaves proportionally to the fierceness with which their native warrior ancestors had resisted outside invasion. The book also talks about the French revolutionary ideology in Saint- Domingue, the Judicial Committee of the Privy Council, liberal universalism, and Pedro Paterno's Filipino deployment of French Lamarckianism. This chapter examines the universalising impulse in British imperial justice in the work of the Judicial Committee of the Privy Council (JCPC) in India and Africa. It juxtaposes the intellectual merits and practical limitations of legal universalism in JCPC jurisprudence. The JCPC played a key role in instrumentalising the maxim of 'justice, equity and good conscience' to entrench English legal standards in India after 1833. The ideal of judicial uniformity and standardisation was deeply held in both metropole and colony. In India, many judicial decisions relating to the ascertainment and interpretation of customary law were guided by the maxim, which came to represent the idealism of imperial judicial universalism. The contradictions of imperial legal universalism and persistence of colonial difference would call into question the legitimacy of the JCPC and usher in its decline along with the political structures of Empire in the era of decolonisation.

Authors

Ibhawoh B

Book title

Colonial exchanges

Pagination

pp. 116-132

Publisher

Manchester University Press

Publication Date

December 31, 2017

DOI

10.7765/9781526126290.00011
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