Reporting and Interpreting Legal Violence in Asia: The East India Company's Printed Accounts of Torture, 1603–24

This article examines how printed accounts of torture can reveal the ways the law was experienced, interpreted and reported by the East India Company (EIC) during the early decades of the seventeenth century. It will explore how the company came to impose its own interpretation of the law when interacting with local powers and people while simultaneously attempting to adapt to and operate within existing legal systems in early modern Asia. This careful balance—sustaining English law while accepting the restraints of a different legal system—was essential in a region where merchants and other travellers moved through areas criss-crossed with overlapping jurisdictions. Interactions with locals often turned violent, even when under the protection of local states, and the English used legal violence to sustain their position in Asia as much as they were threatened by its use by others. Concepts of how the law operated were far from simple and overlapping legal institutions, customs and ideas resulted in numerous moments of competition as different legal structures were imposed simultaneously. The company was forced to think carefully about these issues when law and violence came together during the most violent aspect of judicial enquiry—torture. To assess how the EIC thought about the law and how this influenced the development of their imperial policies this article will focus on how information regarding the law—in its most extreme application—was reported to an English and European audience through the careful presentation of information regarding events in Asia.

It will focus on two case studies where torture was experienced by English merchants—and where accounts were deemed important enough for reportage and printed distribution. The accounts considered here, reporting the experience of torture in Bantam in 1603 and in Amboyna in 1623, were carefully developed and distributed by the company and intended to effectively present its ideas regarding the law and jurisdiction in the developing world of global commerce and empire. In the first, we see the English factors at Bantam seeking to operate within the parameters of the local rulers but increasingly turning to their own understanding of the law in response to threats. The account of this episode reveals how the company justified the seizure of legal authority through the effective interpretation of both English ideas of proof and their own grasp of international law. The second account covers an opposing scenario, where Dutch merchants seized legal authority over the English in contravention—or so the company claimed—of the law of nature and failing to effectively follow the rules of law regarding proof. Across the two accounts we see how the company struggled to come to terms with the ways it interpreted the law. This is turn defined how it developed policies regarding its role overseas, and the reporting of these legal encounters in England changed the way that other parts of the world and the challenges of international trade were understood.     

De-personifying Collaert's Four Continents: European descriptions of continental diversity, 1585–1625

Adriaen Collaert's personifications of the four continents are typical examples of how continents and their respective cultures were represented in the art and literature of Europe in the early-modern period. For example, Asia is the exotic double to Europe, possessing an ‘otherness’ upon which European identity has been juxtaposed. Such personifications of continents and broader tropes of ‘the other’ and ‘the exotic’ have greatly influenced the historiography of the idea of Europe. However, the creation of art and literature characterised by these tropes reflects only part of the European understanding of the wider world. This article will explore how travellers – such as missionaries, merchants and ambassadors – in Europe's encounters with non-European societies presented a complex picture of the world sought to offer practical guidance and knowledge. How travellers’ accounts and personifications interacted is important for understanding the European experience of other continents. In considering how travellers presented their knowledge of continents, it is possible to analyse both how early-modern Europeans viewed other continents and question how useful artistic representation of ‘other’ continents are for understanding how they viewed their own.     

Thick Decisions: Expertise,Advocacy and Reasonableness in the Federal Court of Australia

Drawing from the litigation around the Hindmarsh Island Bridge (especially Chapman v Luminis Pty Ltd 2001) this article provides an analysis of judicial responses to anthropological expertise. Sensitive to the institutional responsibilities of judges, as well as rules of evidence, procedures and legal causes of action, it examines the strategic representation and appropriation of anthropological knowledge and practice. In exploring the relations between law and expertise the article illustrates how their combination shapes outcomes. In the process it explains how the judge could have produced a range of (in)consistent outcomes through the modulation of legal categories and their relations with prevalent images of anthropological expertise. This analysis positions the article to critically reflect on some of the implications for anthropologists working in and around legal or quasi‐legal settings as well as those commenting on that participation.