Framing custom, directing practices: Authority, property and matriliny under colonial law in nineteenth century Malabar
Year: 2002
Type: preprint
Abstract: Colonial judges and jurists interpreted matrilineal customs in \nterms of a theory of matrilineal law, which they shaped in the process of \ninterpretation, rather than on the basis of existing practices. This paper \nanalyses critically the process of interpretation of customs or what is \nreferred to as the legal discourse on matriliny, from the standpoint of its \nown assumptions, i.e., the ideas and theory that shaped and governed it. \nIt is argued that a theory of matrilineal law, informed by mid nineteenth \ncentury anthropological and comparative legal perspectives, gendered \nthe detail of matrilineal law, emphasising rigidly older male control \nover property and excluding women, virtually, from all functions of \nauthority. The legal discourse on matriliny then despite or precisely \nbecause of the implicit connection between women and matriliny, was \nnot so much about matriliny or women but about what comprised \n‘authentic’ custom. \nKey words : colonial law, customary practice, matriliny, gender, \nproperty rights
Author: Praveena Kodoth
Language: English
Subfield: Anthropology
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2139366628