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Conclusion: Revisiting Colonial Legal Practice

Published online by Cambridge University Press:  04 January 2025

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Summary

Abstract

The Landraad was a space in which agency was multifarious. The nuances of everyday judicial practices as studied in this book reveal both rejection and manipulation by local actors. This in turn informs us of everyday life in early-modern colonialism. The Landraad adopted the local practice of situational judging on a case-by-case basis. A choice of laws came into play, that choice being significant at varying degrees for different areas of the law such as evidence, inheritance, land and family law. While there was inevitable conflict, in practice the local normative order was as much a social fact for early colonial rulers as Roman-Dutch law, leading to the navigation of pluralities in an early colonial encounter.

Keywords: Legal pluralism, pluralities, Dutch colonial law, colonialism, Sinhalese law, Roman- Dutch law.

Legal pluralism is closely related to the fragmented nature of colonial rule. Contested arguments over change in early colonial society have largely overlooked the practical realities of pluralities as they manifest in everyday life. This book contributes to an open debate of over 200 years on the extent to which Dutch and Sinhalese laws were applied to the Sinhalese of the maritime provinces in Sri Lanka. Cooray has opined that the question of the application or non-application of Sinhalese customary law remains purely academic today, as it is the Roman-Dutch law that is now applied to the low country (coastal) Sinhalese. For, whatever the outcome of a study of Dutch legal records, Roman-Dutch law is here to stay in Sri Lanka as its proponents would say that “it continues to be of great value to the legal system.” Developments under the British in the nineteenth century could be even more important in understanding present-day law, but the foundation for such developments was laid before their rule. The study of the application of Sinhalese law is of more relevance when one considers that, as Elizabeth Kolsky states, the legacy of Partha Chatterjee's “rule of colonial difference” is that “difference, exclusion, and exemption might still define how states and structures continue to behave.”

Type
Chapter
Information
Lawmaking in Dutch Sri Lanka
Navigating Pluralities in a Colonial Society
, pp. 257 - 266
Publisher: Amsterdam University Press
Print publication year: 2023

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