Re-examining Subject Making in the Netherlands East Indies Legal Education: Pedagogy, Curriculum, and Colonial State Formation
In: Itinerario: international journal on the history of European expansion and global interaction, Band 37, Heft 2, S. 121-146
ISSN: 2041-2827
"Above all, we will put on record, that the Rechtsschool has not missed its target: the creation of independent (native) lawyers, who are aware of their position as independent judicial officers in the indigenous social relations."C.C. van Helsdingen,Gedenkboek Rechtsschool 1929When the Dutch introduced peace and order as the governing doctrine in the East Indies at the turn of the twentieth century, the network of colonial state institutions needed to project themselves as a unified, legitimate state with an authority to enforce justice. This state required a corps of jurists who embodied specific forms of subjectivity in order to maintain the projected authority. Educating natives as jurists offered the most economical means to staff the judiciary. This essay looks at legal education for Native elites as a colonial project of subject formation that was inseparable from colonial state formation. It does so by surveying three institutions in the Indies and the Netherlands between 1909 and 1939: the Batavia Rechtsschool, the Leiden United Faculty of Law and Letters, and the Batavia Rechtshoogeschool. Drawing on Foucauldian notions of disciplinary power and biopower in education and concepts from state theory, I argue that the pedagogical strategies and the legal education curricula in the Indies were deliberately designed to produce independent and critical Native jurists who were at the same time loyal to the Netherlands. The argument, thus, stands in contrast to literature that relies on early Foucault to construct education as a strictly normalising institution. I further suggest that although various state institutions did not unanimously agree on this ideal vision of Native jurists, they nevertheless tolerated it due to the urgent need to project the presence of a just state.Using a variety of sources I focus my attention on two arenas of investigation: the vision of the ideal subjectivity to be embodied by Native jurists, and the technologies employed to achieve it. With this focus, I do not attempt to represent a comprehensive native point of view. Instead, I limit myself to examining the debates among Dutch educators and policy makers regarding proper legal education for the Native elites, the resulting policies as decreed in various ordinances, and the policies' implementation in the schools' curricula and pedagogy.
