Negotiating custom : colonial lawmaking in the Galle Landraad

Abstract

This thesis discusses the negotiation of custom in the Landraad, a judicial forum set up by the Dutch East India Company (VOC), in eighteenth-century Sri Lanka. The Landraad had a majority of VOC officials and a subordinate minority of local headmen. It was a space in which agency was multifarious. The nuances of everyday practice as studied here reveal both rejection and manipulation by local actors. This in turn informs us of everyday life in early-modern colonialism. A choice of laws came into play, that choice being significant at varying degrees for different areas of the law such as evidence, inheritance, land and marriage law. Based on over a hundred cases brought forward by men and women from the Galle district in southern Sri Lanka, the lived experience of legal pluralism is emphasised. This thesis adds an empirical study and the insights of socio-legal studies of legal pluralism to the existing literature on Roman-Dutch law in Sri Lanka. While there was inevitable conflict, in practice the local normative order was as much a social fact for the early colonial rulers as Roman-Dutch law.