Publication |
2008.
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Summary/Abstract |
To what extent did legal notions of identity conceal more porous and dynamic social relationships experienced outside of court? This article reconstructs events surrounding a famous court case, Abraham v. Abraham (1863), involving a property dispute within a mixed race family from Bellary, South India. Using the case's original documents it presents a narrative about the Abraham family, highlighting their negotiations of identity within the domains of family, market and law. The narrative shows how Indians, even under colonialism, could experience far more dynamic and flexible boundaries than what is often portrayed in the literature on communalism. At the same time, it demonstrates the very real impact of personal law categories upon the choices and litigation strategies of Indians. Indians had real agency in crafting their identities, but only as they adopted the conceptual tools of the colonial judiciary to pursue their interests.
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