Legal Pluralism And Indian Democracy
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Legal Pluralism And Indian Democracy
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Author : Melvil Pereira
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-28
Legal Pluralism And Indian Democracy written by Melvil Pereira and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Social Science categories.
This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights. Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.
Divorce And Democracy
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Author : Saumya Saxena
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-31
Divorce And Democracy written by Saumya Saxena and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-31 with Law categories.
This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.
Nation And Family
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Author : Narendra Subramanian
language : en
Publisher: Stanford University Press
Release Date : 2014-04-09
Nation And Family written by Narendra Subramanian and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-09 with Political Science categories.
The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.
Pluralism Transnationalism And Culture In Asian Law
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Author : Gary F Bell
language : en
Publisher: Flipside Digital Content Company Inc.
Release Date : 2018-02-14
Pluralism Transnationalism And Culture In Asian Law written by Gary F Bell and has been published by Flipside Digital Content Company Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-14 with Law categories.
This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
Pluralism And Democracy In India
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Author : Wendy Doniger
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Pluralism And Democracy In India written by Wendy Doniger and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with History categories.
Based on presentations at a conference at the University of Chicago Law School in November 2005.
Indigeneity And Legal Pluralism In India
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Author : Pooja Parmar
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-20
Indigeneity And Legal Pluralism In India written by Pooja Parmar and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-20 with Law categories.
This interdisciplinary study juxtaposes the popular, legal, and indigenous accounts of a dispute over a Coca-Cola facility in Kerala, India. It includes interviews with members of indigenous communities, activists, politicians, lawyers, and judges, as well as an analysis of litigation currently pending before the Supreme Court of India.
Postcolonial Politics And Personal Laws
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Author : Rina Verma Williams
language : en
Publisher: Oxford University Press, USA
Release Date : 2006
Postcolonial Politics And Personal Laws written by Rina Verma Williams and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Civil law categories.
Placing the contemporary discussion on personal laws in India in historical perspective, this important book views the debate as a critical component of Indian democracy. Balancing the imperatives of multiculturalism, national integration, and gender justice, it affirms that there is a complex continuity between the terms of the debate in the postcolonial Indian state and its colonial counterpart.
Indian Democracy Pluralism And Minorities
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Author : Ram Puniyani
language : en
Publisher:
Release Date : 2006
Indian Democracy Pluralism And Minorities written by Ram Puniyani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
Indigeneity And Legal Pluralism In India
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Author : Pooja Parmar
language : en
Publisher:
Release Date : 2015
Indigeneity And Legal Pluralism In India written by Pooja Parmar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Adivasis categories.
Architect Of Justice
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Author : Dalia Tsuk Mitchell
language : en
Publisher: Cornell University Press
Release Date : 2007
Architect Of Justice written by Dalia Tsuk Mitchell and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Biography & Autobiography categories.
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism--a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.