Legal Theory in the Colonies : Hindu and Jewish Scholars under British Rule

This book reveals a vast and sophisticated body of non-Western works on legal theory and tells the remarkable stories of the scholars who created it. It will interest legal, intellectual and colonial historians and scholars of comparative law. This title is also available as Open Access on Cambridge Core.

In colonial India and Mandatory Palestine, early-twentieth-century legal scholars made important contributions to the study of the nature of law, particularly by analyzing Hindu and Jewish law – their ancient religious systems. This book reconstructs the lives and ideas of these scholars, revealing a forgotten global wave of jurisprudential innovation that appeared across many territories in the non-Western world. The book challenges the view that non-Western legal scholars working in the colonies were passive recipients of Western ideas. It argues that Indian and Jewish thinkers used Western historical and sociological approaches to law to reimagine Hindu and Jewish law, and to assert their relevance to modern legal and constitutional debates. Though historical in scope, the story this book tells is also relevant to contemporary tensions between Western liberal law and non-Western religious legal traditions. This title is available as open access on Cambridge Core.