The Diffusion of Common Law in the Straits Settlements: »The Six Widows’ Case« and the Rout of Custom

Abstract

This article uses a 1911 case from Singapore (»the Six Widows’ case«) to discuss the issues arising from the introduction of common law into the Straits Settlements. It examines the reasoning behind the introduction of common law, and how common law dealt with its interface within the Asian context, specifically with regard to Chinese customary law. It discusses what was at stake in this case, alternative approaches, and the debates the case led to regarding Chinese marriages and family law more generally. The addition of a case study on undue influence in the law of contract leads to the conclusion that judicial reasoning, common-law style, is in general adequate to bridge the gap between law and society.

Keywords

• legal transplants
• common law
• Chinese customary law
• British Straits Settlements
• polygamy