Podcast Summary: "Colonial Law Making: Cambodia Under the French"

Podcast: New Books Network: Southeast Asian Studies
Host: Patrick Jory
Guest: Dr. Sally Frances Low
Episode Date: February 22, 2026
Book Discussed: Colonial Lawmaking: Cambodia Under the French (NUS Press, 2023)

Episode Overview

This episode explores Dr. Sally Lowe's groundbreaking book on how French colonial authorities reformed Cambodian law between 1863 and independence in 1953. The discussion delves into the encounter and blending of Cambodian indigenous legal traditions with French colonial legal regimes, the impacts of colonial lawmaking on the balance of power between monarchy, executive, and judiciary, and the ironies and legacies left by the colonial era.

Key Discussion Points & Insights

1. Dr. Sally Lowe’s Background and Inspiration

• Lowe’s interest began in 1993 as a volunteer in Cambodia around the time of the Paris Peace Accords and subsequent UN-sponsored elections. (03:05)
• Her career in international development and later academic journey, including law studies and a doctorate, led her to the legal archives and stories of Cambodia’s colonial legal system.

2. Archival Sources and Research Challenges

• The French established archives in Cambodia; most materials are in French, with some Khmer records.
• Many original documents were repatriated to Aix-en-Provence, France; what remains includes administrative reports and legal correspondences.
• Lowe was particularly fascinated by a prolonged power struggle between French judicial and administrative authorities that shaped how courts operated (05:16-07:40).

3. Pre-Colonial Cambodian Law

• Cambodian law before colonization was based on "sacred legal texts" rooted in Hindu-Buddhist traditions and royal authority—more symbols of power than enforceable, general codes.
• The French misunderstood these traditions and saw them as barbaric, using this justification for interfering and modernizing Cambodian law, despite formal treaty restrictions (07:57-09:20).

4. Role of Law in Pre-Colonial Society

• Law was central to pre-colonial administration, administered by mandarins as both a means of governance and revenue-raising, often via bribery and patronage.
• The legal system had degenerated by the time of French arrival, partially due to Cambodia’s weakened status between powerful neighbors (10:30-13:04).

5. The Encounter & Fusion of Legal Traditions

• French legal rationalism contrasted with Cambodian law’s spiritual, royal, and patronage-centric character.
• The French, despite imposing new legal codes, maintained the fiction of merely updating existing sacred laws—what Lowe terms "protection talk." This helped legitimize French reforms and maintain the king’s authority as the source of law.
• “The two systems melded in a way... they depended on the king for their own legitimacy and... the local elites to implement their rule.” (13:41-17:39)

6. Multi-Jurisdictional System

• The French created a three-tiered legal system: French law for Europeans; "Annamite law" for Vietnamese/Chinese minorities; and reformed Cambodian courts for ethnic Khmer.
• Power struggles among colonial administrators determined the form and independence of these systems.
• By the 1920s, Cambodia had a uniquely indigenous court hierarchy, staffed by Cambodians—even at the highest levels (18:02-21:28).

7. Key Turning Point: The 1911 Codes

• In 1911, revised legal codes—jointly drafted by French administrators and Cambodians—began the actual codification process, establishing court hierarchies and procedures for civil and criminal law.
• Notably, attempts to impose land registries and private land ownership were largely ignored by Cambodian farmers, showing limits of colonial imposition. (21:46-24:54)

8. Executive versus Judicial Power

• The imposition of French legal systems did not empower the judiciary, but rather strengthened executive and royal power.
• French judges and local Cambodian judges were closely supervised, with careers often hinging on executive favor—a “separation of functions” rather than true “separation of powers.”
• “There was never any intention for the separation of powers to lead to...the independence of the judiciary. It was always a judiciary that was closely supervised by the colonial power.” (25:31-29:13)

9. Constitutions and Political Change (1940s/Post-WWII)

• French reforms in the 1940s formally elevated the king as the source of law—a precursor to constitutional monarchy.
• WWII disruptions (Vichy France, Japanese occupation, brief independence, and return of the French) led to Cambodia’s first attempts at constitutional government.
• Unexpectedly democratic reforms emerged; King Sihanouk’s gamble on a popular assembly led to a parliament-dominated “Democrat Party” and a constitutional monarchy by 1947 (29:42-36:31).

10. The Irony of Strengthened Monarchy

• Although the French claimed to “modernize” Cambodia, their legal reforms entrenched royal power, modeled after European absolute monarchy.
• “The French colonists recast royal power in the light of European absolute monarchs...Ironically, the French reform of Cambodian law appears to have laid the foundation for a reserved royal power.” (36:31-39:12)

11. Contemporary Legacy

• Modern Cambodia’s legal system claims civil law influences, but it has been shaped by subsequent regimes, donor-driven reforms, and some common law influences.
• The French-era court structure survives to some extent, but the overall legacy is mixed due to political and legal upheavals post-independence (39:44-41:41).

12. Future Research

• Lowe expresses interest in following the careers of notable individuals, such as Robert Lotat Jacob—a French lawyer critical of colonial justice in Cambodia (41:50-42:34).

Notable Quotes & Memorable Moments

• On French Justification for Reform:
  • “[The French] took these texts out of context and said, well, look, these laws are completely barbaric.” (08:23, Lowe)
• On Patronage and Law:
  • “The major occupation of Cambodian mandarins... is without exception, the administration of justice. The regular income they take from it, added to bribes... constitutes just about all of their salary.” (09:20, French administrator; quoted by Jory)
• On ‘Protection Talk’:
  • “There arose this myth, if you like, I call it protection talk, that what was going on was not a rewriting or a replacing of Cambodian law, but an updating of pre-existing legal texts.” (15:54, Lowe)
• On Executive Dominance:
  • “There was never any intention for the separation of powers to lead to what we would understand as being the independence of the judiciary.” (28:42, Lowe)
• On Colonials Invoking “Tradition”:
  • “[A Cambodian lawyer] suggested there should be consultation about laws... and [the French advisor’s] reply was that’s incompatible with Cambodian traditions of absolute monarchy.” (38:16, Lowe)

Important Timestamps

• 03:05 – Lowe describes how she became interested in Cambodian legal history
• 05:16–07:40 – Archival sources, the French judicial-administrative power struggle
• 07:57–09:20 – State of pre-colonial law and French misunderstandings
• 10:30–13:04 – The patronage system and law in late-19th-century Cambodia
• 13:41–17:39 – Interaction and melding of French and Cambodian legal cosmologies
• 18:02–21:28 – Multi-jurisdictional system, unique features of Cambodian legal reform
• 21:46–24:54 – The 1911 legal code reforms, first steps towards codification
• 25:31–29:13 – French legal concepts and the executive v. judicial power balance
• 29:42–36:31 – WWII, the emergence of constitutional government, and King Sihanouk’s role
• 36:31–39:12 – The irony of reform: French legal changes reinforce royal authority
• 39:44–41:41 – Modern Cambodian law and colonial legacies
• 41:50–42:34 – Lowe’s reflections on future projects

Concluding Thoughts

Dr. Sally Lowe’s research provides a nuanced and richly detailed account of how colonial legal reforms in Cambodia were less about modernization and more about shifting power balances and reinforcing royal authority. The episode reveals the complex interactions between colonial claims of ‘progress’ and the enduring legacies—sometimes unintended—of colonial choices for Cambodian society, especially in the structure of power, law, and the monarchy.