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Iterations of LawLegal Histories from India$
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Aparna Balachandran, Rashmi Pant, and Bhavani Raman

Print publication date: 2017

Print ISBN-13: 9780199477791

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780199477791.001.0001

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Law in Times of Counter-insurgency

Law in Times of Counter-insurgency

Chapter:
(p.120) 4 Law in Times of Counter-insurgency
Source:
Iterations of Law
Author(s):

Bhavani Raman

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199477791.003.0005

This chapter explores the blurry legal grounds for trying a political rebel by a military commission under early colonial rule at the borders of Malabar, southern India. How did law provide an interpretative lens for the exertion of exemplary force during counter-insurgency operations that were symptomatic of colonial wars? Asking this question, this chapter reveals aspects about the hyperlegal orientation of colonial power and the way in which the splicing of criminal and military jurisdictions turned entire regions into areas where the rule of law was neither in suspension, nor firmly in place.

Keywords:   Military commission, military jurisdictions, hyperlegal, counter-insurgency, Malabar, southern India, colonial power

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