The Economic History Review

Indigo and law in colonial India

Volume 64 Issue s1
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Pages: 60-75Authors: TIRTHANKAR ROY
Published online: January 4, 2011DOI: 10.1111/j.1468-0289.2010.00534.x

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Recent scholarship has explored the process by which modern commercial and property law came into being in the non-western world, and has emphasized the role played by colonialism and conquest in this process. Using a case study from colonial India, this article suggests that the coding of commercial law was influenced more by commercialization than by the nature of the state, and was an endogenous response to the failure of local custom and common law to secure frictionless trade.