Do you know the ninth commandment? Tensions of the oath in Dutch colonial Sri Lanka

Abstract

Colonial agents often saw the value of improvising the corporal form of the oath for the smoother functioning of judicial bodies. In eighteenth-century Sri Lanka, the Dutch colonial government found that potential swearers were mostly nominal Christians who had few scruples about giving false oaths. This subtle resistance prompted the Dutch to make changes to accommodate local customs. Ultimately, the changes were of little use due to the mutual discrediting of potential oath-takers. A nominal Christian’s refusal to take the Dutch oath and preference for the local oath would be criticized, as also an acceptance of the Dutch form. Plural forms of the oath thus did not always provide the desired effect but rebounded in unexpected ways. This article argues that the study of mundane everyday judicial practice is needed to gain deeper insights into the functioning of pluralistic and colonial law.