Conceptions of "the oriental" in law and the administration of justice

Papers in this panel will discuss the construction of conceptions of "the oriental" and the ways in which such conceptions impacted upon the law and the administration of justice by European or other colonial authorities in South East Asia and other parts of Asia. In particular, was there a link between harsh penalties and particular constructions of subject peoples as "unruly" and "lacking discipline", between more sympathetic regimes and subject peoples seen to be "law-abiding"? How far did the observation of the colonial subject as "cunning", "litigious", or "quiet", for instance, influence the way in which justice was administered? Was there a relationship between restraint in imposing foreign law and a pre-colonial legal tradition which was recognised by the coloniser? Papers on the administration of justice as a site for the observation and reporting of "the oriental" are also welcomed.

Carol Tan
Senior Lecturer
Newcastle University Law School
E-mail: carol.tan@ncl.ac.uk