Legal Perspectives at the Margins
Siddhartha Mukerji
CAPACITY BEYOND COERCION: REGULATORY PRAGMATISM AND COMPLIANCE ALONG THE INDIA-NEPAL BORDER by By Susan L. Ostermann Oxford University Press, 2022, 236 pp., £ 63.00
May 2024, volume 48, No 5

The major theme of the book is to search for informal alternatives to indicate variations in legal compliance in the states of India and Nepal which have weak coercive capacities. The eight chapters of the book authored by Susan L Ostermann are sequenced in a manner so as to maintain the logical flow of argument. To begin with, some theoretical points made in the book do not stand the test of reality.

Legal knowledge must be intelligible to the people and it is stated that interpretation of laws helps to attain it. However, human beings differ in their interpretation of laws and that becomes a reason for conflict within government circles and in the society, and non-compliance by those whose interests are not tantamount with them. The other point made by the author is that there are certain bureaucrats or judges who have the legal knowledge and ensure their enforcement. But, it is also true that these state actors may fail to do so if they are not autonomous enough to withstand the countervailing pressures from state and social actors. The same may be found in federal states where the top-notch bureaucrats are legally well informed but the local ones appear to be totally ignorant. Even if the local bureaucrats are legally knowledgeable they can turn and twist the laws to secure their vested interests. The author treats bureaucrats as a homogenous entity whereas there could be variations in their interests, understanding and interpretation of laws.

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