Resisting the Rule of Law in Nineteenth-Century Ceylon: Colonialism and the Negotiation of Bureaucratic Boundaries

The book explores the struggles to implement the rule of law in nineteenth-century Ceylon, arguing that resistance was a form of negotiation to lessen oppressive colonial conditions. It examines the tactical use of the rule of law within the three bureaucracies: the police, courts, and prisons, and how villagers, minor officials, and senior British government officials used or subverted it to achieve their own goals. The book argues that the struggles around rule of law can best be understood not in terms of a dualism of bureaucrats versus the public, but as a set of shifting alliances across permeable bureaucratic boundaries.

Format: Paperback / softback
Length: 278 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This captivating book delves into the intricate challenges faced in implementing the rule of law in nineteenth-century Ceylon, a territory introduced into the colonies by the British as their "greatest gift." The author argues that resistance, rather than being seen as a mere obstacle, can be interpreted as a strategic negotiation tactic aimed at mitigating the oppressive conditions imposed by colonial rule. This dynamic interplay led to continuous adjustments and modifications in the criminal justice system, ultimately weighing it down and distorting its intended purpose.

Within the three bureaucracies responsible for enforcing the rule of law, namely the police, courts, and prisons, the author explores the diverse ways in which the law was both employed and subverted. Policing, often governed at a distance due to fiscal constraints and economic priorities, saw the delegation of enforcement duties to underpaid Ceylonese officers. At the same time, spaces of resistance emerged as Ceylon was largely left to manage its affairs. Villagers, minor officials, and even senior British government officials employed or manipulated the rule of law to suit their own objectives, creating a complex tapestry of interactions.

In the courts, the imported system lacked political legitimacy, leading to the Ceylonese undermining it through the filing of false cases and the provision of misleading information. This strategy was employed in pursuit of justice, as they saw it, often at the expense of the established legal framework. In the prisons, administrators developed a range of biopolitical techniques and medical experiments to punish prisoners' bodies to their absolute lawful limit. This limit was a subject of ongoing negotiations between prison officials, prisoners, and doctors, as each party sought to assert their authority and control over the incarcerated.

The book challenges the traditional dichotomy of bureaucrats versus the public and presents a nuanced perspective on the struggles surrounding rule of law. It suggests that the dynamics of power and resistance are not confined to specific individuals or groups but rather permeate the boundaries of bureaucratic institutions. By comparing the Ceylonese experiences to those of Britain and India, as well as other European colonies, the author offers innovative insights and perspectives that shed light on the broader historical context of colonial rule.

In conclusion, this thought-provoking book provides a deep and insightful exploration of the complexities and contradictions inherent in implementing the rule of law in nineteenth-century Ceylon. It challenges the conventional narratives and offers a fresh perspective on the struggles and adaptations that shaped the criminal justice system and the broader political landscape of the time. Through its innovative comparisons and insightful analysis, this book contributes to our understanding of the enduring legacies of colonialism and the ongoing challenges of establishing and maintaining the rule of law in diverse societies.

Weight: 510g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367515522