Cocks, RCJ (2014) Sustaining the Character of a Judge: Conflict Within the Legal Thought of British India. Journal of Legal History, 35 (1). pp. 44-67. ISSN 1744-0564

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Judicial roles provided the raj with major dilemmas. One persistent dispute related to civil servants sitting as judges. Critics argued that civil servants had a superficial legal education and lacked appropriate practical experience of work in the courts. Defenders of their judicial role contended that the best training for judges lay in administrative work on the plains of the sub-continent. Governors-general, viceroys, and others in executive positions claimed that such work provided officials with an understanding of Indian society and that this social knowledge made them effective judges. Professional judges drawn from the ranks of barristers and sitting in the major cities of Calcutta, Bombay and Madras frequently contested this view and the result was sustained disagreement. At the heart of the debate lay competing visions of justice.

Item Type: Article
Uncontrolled Keywords: law, British India
Subjects: K Law > KZ Law of Nations
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 29 Sep 2016 08:10
Last Modified: 20 May 2019 12:53

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