The Case for Cultural Continuity
Published online by Cambridge University Press: 05 December 2011
On July 16, 1858, only six weeks after the Bellary District Court had ruled in Charlotte’s favor, Francis appealed his case to the Sadr Adalat in Madras. This court heard appeals originating within all of the lower courts of the mofussil. In his letter of appeal, Francis stated that the law of inheritance applicable to the Abrahams is the law for undivided Hindu families. He maintained that he and Matthew had always considered themselves to be undivided brothers. This chapter presents a detailed description of Francis’s appeal. It includes a discussion of Hindu law, the conventions of the Sadr Adalat, Francis’s selection of legal counsel and witnesses, and his key arguments. The chapter concludes with a discussion of the decree and rationale of the Sadr Adalat.
At the Sadr Adalat, Francis’s attorneys were able to match a highly simplified rendition of Hindu law with a particular kind of Christian experience. A central observation being made in this chapter concerns the process of simplification, which created a “user-friendly” Hindu law for courts to administer loosely and broadly. A Hindu law of inheritance was extracted from a complex history of textual interpretation and debates among legal reformers. What resulted was a simplified law, a distillate, which the Sadr Adalat applied to the Abrahams. It rested almost entirely on a distinction between labor springing from familial obligation and that arising from a contractual relationship between an employer and a paid agent. This law was then matched with the “class” of Christians into which the Abraham brothers were born – Roman Catholic converts (and their descendants) who retained their caste traditions and whose families continued to share property between their male members. In spite of the fact that the brothers had become Protestants, Francis selected as witnesses large numbers of Roman Catholic converts to illustrate his and Matthew’s own approach to the division of property (as illustrated in the preceding chapter).
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.