What is The Myth of Procedural Certainty that he is talking about? [Can you link it to what Skuy says?]
What is the difference in the conception of justice for the British and for Indians? Is there a clash between universalism and particularism in that context? Can you site instances – how do you explain this difference?
How does the Indian Community differ from the British adversarial system in its approach to resolving disputes ? The main problems that accompanied the rise of the British system were expense and delay in the administration of justice, a rise in litigation and the prevalence of false witnesses. In this context how do we look at the established system prevailing in India then, and the move to replace/marginalise them?
What is the so-called Renaissance of Brahmanic Law all about? What was the problem giving Hindus the Hindu law and Muslims the law of the Koran? Can we say that it caused the emergence of a dual system of law – customary and high culture?
How do you reconcile the fact that the Pundits, who were aware of customary laws, attempted to bridge the gap by interpreting customs with a view to the Shastras, which, however, was often not accepted by the English judges, who believed in strict textual interpretations?
What is the significance of the fact that lower level judges were often drawn from the higher castes? Can we say that their “sanskritic” orientation and perspectives coloured legal practice and therefore, Brahmanic law satisfied the requirements of the British for a uniform and predictable system? How would you respond to such a claim? Can you link it up to anything you’ve read in the other articles?
What about the Legal Standing of the Individual? Did traditional “Indian” law clash with British law over the issue of the primacy of the kin over the individual? Is it true to say that the characteristic form of assets in India was collective and fixed – under British law it became individual and mobile? How do you see this in the context of the argument that Indian law was also parochial, varying from region to region – something antithetical to the British concept of uniformity?