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Colonial Law Making: Cambodia under the French

Autor Sally Frances Low
en Limba Engleză Paperback – 12 dec 2023
An important case study in the history of law under colonialism. 

Covering a previously neglected area of Cambodian history, Colonial Law Making explores the structural forces and contingent exchanges that shaped colonial law in Cambodia and examines its post-independence colonial legacy.

The court of King Norodom and the temples of Angkor Wat became orientalist icons in the French colonial imagination, perpetuating an image of the Protectorate (1863–1953) as special and worthy of preservation. This contributed to exceptionalism in the way the Kingdom was colonized, including through law. Drawing on previously unexamined archival material, Sally Low presents a comparative case study of French approaches to colonial law, jurisdiction, and protection. Although the voices of non-elite Cambodians are largely absent from the archives, their influence on colonial law is evident as they resisted efforts to regulate their lives and their land. Low argues that the result was a set of state legal institutions and an indigenous jurisdiction that blended Cambodian and French notions of patronage and royal power as the source and authority for law.

This work is a case study of colonial law as an instrument of control and administration in an indirectly ruled colony. It adds depth to our understanding of the impact of European colonial law and the significance of different forms of colonial rule—direct, indirect, and unofficial. It is easily accessible for non-lawyers and is a must-read for those interested in the recent past of Southeast Asia and the countries that were previously colonized as French Indochina.
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Specificații

ISBN-13: 9789813252448
ISBN-10: 9813252448
Pagini: 288
Ilustrații: 6 halftones, 2 maps, 1 diagram, 2 tables
Dimensiuni: 152 x 229 x 18 mm
Greutate: 0.37 kg
Editura: Nus Press Pte Ltd
Colecția National University of Singapore Press

Notă biografică

Sally Frances Low holds a doctorate in legal history from the University of Melbourne.

Cuprins

List of Illustrations
Note on References
Glossary of Khmer Transliterations
Preface
Chapter 1: Colonial narratives of protection and civilisation
Chapter 2: Fonctionnaires, mandarins and cosmologies of law
Chapter 3: The jurisdictional dispossession of King Norodom
Chapter 4: Cambodian codes and court reform begins
Chapter 5: Rural jurisdictions and the 1916 Affair
Chapter 6: The Cambodian courts after 1922
Chapter 7: Lawyers and other critics
Chapter 8: Constitutions and independence
Chapter 9: Making law in colonial protectorates
Bibliography
Index

Recenzii

“This book offers a detailed and fascinating case study of the use of law and the administration of justice by the French in the Indochinese protectorate of the Kingdom of Cambodia between 1863 and 1954…. [this book] brings history to life through anecdotes, a focus on personalities, and archival photographs. The author has made extensive use of French and Cambodian archives and her French language skills to produce a rich and unique study that unsettles universalised accounts of colonial legacies.”

“The book is a sensitive and thoughtful analysis of how colonial law was conceived and practiced under the French. It is meticulously put together, based on many years of archival research, especially in the National Archives of Cambodia and the Archives Nationales d’Outre-Mer in France. Patiently and rigorously, Low has unearthed a vast amount of archival sources and combined these in a lucid narrative that brings to life an important aspect of colonial rule. Interweaving accounts of the structural conditions of colonial Cambodia with personal stories of the colonizers and colonized, the author has produced an engaging legal history that reveals law both as a tool of a colonial civilizing mission and as a means of domination.”

“[This book] provides new insights into a pivotal period in Cambodia’s legal and constitutional history, particularly during the transition from traditional to modern governance under the French colonial regime…. This study makes a significant contribution to the understanding of colonial legal systems in Southeast Asia, particularly by contextualizing Cambodian legal reforms within the broader framework of Western legal traditions.”

"Rich and compelling. . . Far from a dry retelling of legal reforms under French law, Low tells an absorbing story showcasing law-making as a key site of political struggle within the colonial encounter."