Legal Unification and Nation Building in the Post-colonial World: A Comparison of Israel and India

Abstract

How do states consolidate their legal systems? Do all states follow the same trajectory of state-building and legal unification? And, particularly how do post-colonial states respond to legally pluralistic regimes that they inherit at the time of independence? These are some of the questions that this article will attempt to shed light upon by closely analyzing the Israeli and Indian states' responses to polycentric legal systems that they inherited at the time of their independence. Offering an alternative theory of state-building and legal unification, the present study will not only explain how leaders of these two countries responded to the challenges posed by polycentric jurisdictions but also contribute to our understanding of state, nation-building and legal consolidation in the post-colonial world by re-examining some of the theories and approaches that have long come to dominate the literature.

The Unification of Law and the Postcolonial State

“…In the process of postcolonial and postimperial state-and nation-building, state elites faced a dilemma: How were they going to deal with these highly fragmented legal systems which many considered detrimental to building a shared sense of belonging? Were they going to preserve them, or eradicate and replace them with unitary bodies of law and legal institutions (Sezgin, 2009)? Memoirs and documented speeches from the time impart insight into state leaders' views on these issues.…”

Religious Power, the State, Women's Rights, and Family Law

“… 13. For example, Israel referenced respect for religious traditions in its reservations to Article 16 of CEDAW (Womenwatch 2013). India also introduced reservations to CEDAW for similar reasons (Sezgin 2009, 2011). In Kenya and Uganda, traditionalists opposed family law reform as inconsistent with local custom (Baraza 2009; Tripp et al 2009).…”