Abstract
How may one imagine the global travel of legal concepts, thinking through models of diffusion and translation, as well as through obstruction, negation, and dialectical transfiguration? This article offers some reflections by interrogating discourses (intertextually woven with Sanskritic invocations) produced by three celebrated Bengalis: the nationalist littérateur Bankimchandra Chattopadhyay (1838–94), the Rajavamshi “lower-caste” peasant leader Panchanan Barma (1866–1935), and the international jurist Radhabinod Pal (1886–1967). These actors evidently took part in projects of vernacularizing (and thereby globalizing through linguistic–conceptual translation) legal–political frameworks of state sovereignty. They produced ideas of nexus between sovereignty, law, and “divine” lawgiving activity, which resemble as well as diverge from notions of political theology associated with the German jurist Carl Schmitt. Simultaneously, these actors critiqued coercive impositions of state-backed positive law and sovereign violence, often in the name of globally oriented concepts of “ethical”/natural law, theology, and capacious forms of solidarity, including categories like “all beings,” “self/soul,” “humanity,” and “world.” I argue that “sovereignty,” as a metonym for concrete practices of power as well as a polyvalent conceptual signifier, thus dialectically provoked the globalization of modern legal intellection, including in the extra-European world.
| Original language | English |
|---|---|
| Pages (from-to) | 487-506 |
| Number of pages | 20 |
| Journal | Modern Intellectual History |
| Volume | 17 |
| Issue number | 2 |
| Early online date | 22 Jun 2018 |
| DOIs | |
| Publication status | Published - 2020 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- Intellectual history
- Legal history
- Indian political thought
- Indian legal thought
- Political theology
- Global History
- Colonialism
- Postcolonial Studies
- Sovereignty
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Milinda Banerjee
- School of History - Senior Lecturer
- St Andrews Centre for the Receptions of Antiquity
Person: Academic
Research output
- 1 Special issue
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Forum: Law, empire, and global intellectual history
Banerjee, M. (Editor) & von Lingen, K. (Editor), Jun 2020, In: Modern Intellectual History. 17, 2, p. 467-578 112 p.Research output: Contribution to journal › Special issue › peer-review
Open Access
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