TITLE:
Edict in Pre-Colonial India: An Analysis from the New Haven Perspective1
AUTHORS:
Fozia Nazir Lone
KEYWORDS:
New Haven Jurisprudence; International Law; Interstate Law; Pre-Colonial India; Westphalia and Eastphalia
JOURNAL NAME:
Beijing Law Review,
Vol.5 No.1,
March
28,
2014
ABSTRACT: The
territory of India is the locus of an ancient and deeply philosophical culture.
This land not only gave birth to the epic religion of Hinduism but also to the
first urban civilization, the Indus Valley Civilization. Many different
kingdoms such as Mauryan Empire and Mughal Empire with customary authoritative
decision practices also emerged in the Indian subcontinent. However, the impact
these deep and distinct cultures, civilizations and empires have had on
decision-making and official behavior in India over the decades has not been
studied. This article seeks to study the notion of law/interstate law in
pre-colonial India, how it was formulated during and in what way/s the process
of making law was different from western traditions of law-making. To achieve
this end, the New Haven methodology will be adopted. This work will also
provide some preliminary conclusions in relation to Indian foreign policy which
remains “formalist dualism” from ancient to current times.