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Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857–1922

Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857–1922

Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857–1922

Author: Alastair McClure
Publisher: Cambridge University Press
ISBN: 9781009553544
Published In: November 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,365.00

HKD 1,324.05 Save HKD 40.95 (3%)

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Trials of Sovereignty offers the first legal history of mercy and discretion in nineteenth and twentieth-century India. Through a study of large-scale amnesties, the prerogative powers of pardon, executive commutation, and judicial sentencing practices, Alastair McClure argues that discretion represented a vital facet of colonial rule. In a bloody penal order, officials and judges consistently offered reduced sentences and pardons for select subjects, encouraging others to approach state institutions and confer the colonial state with greater legitimacy. Mercy was always a contested expression of sovereign power that risked exposing colonial weakness. This vulnerability was gradually recognized by colonial subjects who deployed a range of legal and political strategies to interrogate state power and question the lofty promises of British colonial justice. By the early twentieth century, the decision to break the law and reject imperial overtures of mercy had developed into a crucial expression of anticolonial politics.

List of Figures and Tables

Acknowledgements

List of Abbreviations

Introduction

1. Forgetting War and Punishing Crime

2. The Peace: The Queen's Proclamation and the Politics of Forgiveness

3. The Code: Judges, Juries and Punishing Difference

4. Discretion, the Death Penalty, and the Criminal Trial

5. Pardons and Scaffolds

6. Tilak's Radical Innocence: Mercy, Sedition, and the State Trial

7. Gandhi's Guilt and the Return of War

Conclusion

Epilogue

Select Bibliography

Index

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