Law matters for economic development, but where does it come from? And through what mechanisms does it affect different parts of the economy? In this insightful volume Tirthankar Roy and Anand V. Swamy start in the late eighteenth century, tracing the evolution of the British-Indian legal system as it emerged in the service of a cautious and self-serving colonial regime. They show that British-Indian law was designed to facilitate tax collection, permit international trade, and, above all, keep the regime in place. Since independence the Indian state has been much more confident and ambitious, seeking economic growth, equity, and poverty reduction. Therefore, it has also been far more interventionist, in policy and in law. Roy and Swamy have put together this entire two-hundred-fifty-year legal and economic history in a single narrative, for the first time, offering a unique perspective on the challenges of today.
By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history.
Tirthankar Roy and Anand V. Swamy trace India's economic growth since 1947 and the legal reforms that have allowed it to settle in, however unevenly and tenuously, in the shadow of the stagnating effects of colonial rule. Law and the Economy in a Young Democracy portrays a long shadow of Indian "path dependence"-the persistence of colonial-era legal practices and institutions-interrupted by a series of reactive, dramatic departures from colonial inertia aimed at achieving quick or corrective growth and regulation. Roy and Swamy address five principal questions: How have new laws emerged in India? Does the explanation lie with colonialism or with post-independence politics and economic change? How were laws shaped by egalitarian goals in the Indian democracy with its universal adult suffrage? When did laws constrain economic growth? And to what extent did case law and legislation affect the evolution of law, which was also shaped by politics and the quality of legal infrastructure? Each of these questions brings together different threads of India's economic transformation and social/political history, and the format allows the authors to go deep on the country's most important market sectors and their surrounding economic and political histories. These sections include: colonialist influences on laws governing land and natural resources; politics and labor; and the alternating stifling effects of the country's economic policies and legal systems. In Roy and Swamy's telling, inadequate legal infrastructure has often been the country's primary impediment to economic growth during the last century, and it remains a primary reason that India's future may not be as bright as advertised"--
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
Since the economic reforms of the 1990s, India’s economy has grown rapidly. To sustain growth and foreign investment over the long run requires a well-developed legal infrastructure for conducting business, including cheap and reliable contract enforcement and secure property rights. But it’s widely acknowledged that India’s legal infrastructure is in urgent need of reform, plagued by problems, including slow enforcement of contracts and land laws that differ from state to state. How has this situation arisen, and what can boost business confidence and encourage long-run economic growth? Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy’s careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth.
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