Abstract

Abstract: Criminal law in the colonial situation subordinates resistance in a double marginalisation. With one, resistance is rendered as peripheral to and as comprehensively dominated by that which is resisted. With the other, that which is resisted — colonial domination — is constituted as transient and exceptional, yet also as necessary for the inevitable march of progress. Resistance to it thus becomes multiply futile. Making these marginalised positions the focus of enquiry reveals the basic and enduring significance of crime as resistance to colonial rule. Such a reversal of perspective not only questions the exceptional nature of colonialism but also reveals colonial dimensions of ‘crime’ in the West.

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