Published online by Cambridge University Press: 04 January 2025
Abstract
As a result of the Dutch administration of land tenure, men and women entered extensively into the colonial legal system if distance was not a heavy deterrent. This chapter examines the identities and processes of identification among those who made representations to the Landraad. Higher status groups who held service titles appeared in the Landraad, but the lack of status was not an eliminating factor in facing the law. Women and lower-ranking persons also appealed to the Landraad. Inhabitants became acquainted with the Landraad and its land registration and began to understand procedures and best practices of strategy as they were keen to rectify inaccuracies. For litigants with plural identities, the Landraad was a location of identification and a site for navigating a plural legal landscape.
Keywords: Plural identities, litigants, witnesses, gender, status, Galle.
When served with a summons in 1780, Kalegana Bastian Naidelage Maria of Dutch-controlled Galle in southern Sri Lanka was displeased. She was reported to have brazenly responded that even her dog would not appear before the judicial forum that had summoned her. The council decided that Maria would be flogged for this perceived affront. While her brashness reveals how locals subverted the authority of their early colonial rulers, this was more often the exception than the rule. From the sixteenth century, successive European occupations influenced Sri Lanka's legal culture to varying degrees. From at least the late seventeenth century onwards, indigenous litigants in Sri Lanka had been bringing their lawsuits before panels of Dutch and local judges.
The rise of a colonial power and its implications for the structure of power in society is reflected in the way the authorities execute the law. Given Maria's example, to what extent did the locals perceive the Landraad as intruding on local affairs? Legal practices may be inherently inclusive or exclusive, or may be deliberately made so by those in power. Colonial judicial bodies are known to have stimulated relatively marginalised groups in society to come forward. Similarly, in Sri Lanka, supplicants, in the form of litigants, sought justice by applying to the Landraad. By extension, witnesses who bolstered case narratives were involved in this pursuit and I will consider them as individuals who were required to engage with the law.
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