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Author : A. M. Bhattacharjee
Publisher :
ISBN 13 : 9788171770427
Total Pages : 207 pages
Book Rating : 4.7/5 (74 download)
Download or read book Hindu Law and the Constitution written by A. M. Bhattacharjee and published by . This book was released on 1994 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rohit De
Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)
Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Author : Timothy Lubin
Publisher : Cambridge University Press
ISBN 13 : 1139493582
Total Pages : 321 pages
Book Rating : 4.1/5 (394 download)
Download or read book Hinduism and Law written by Timothy Lubin and published by Cambridge University Press. This book was released on 2010-10-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.
Author : Sujit Choudhry
Publisher : Oxford University Press
ISBN 13 : 0191058629
Total Pages : 1328 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Oxford Handbook of the Indian Constitution written by Sujit Choudhry and published by Oxford University Press. This book was released on 2016-05-03 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
Author : Arun K Thiruvengadam
Publisher : Bloomsbury Publishing
ISBN 13 : 1849468702
Total Pages : 291 pages
Book Rating : 4.8/5 (494 download)
Download or read book The Constitution of India written by Arun K Thiruvengadam and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.
Author : Eleanor Newbigin
Publisher : Cambridge University Press
ISBN 13 : 1107434750
Total Pages : 279 pages
Book Rating : 4.1/5 (74 download)
Download or read book The Hindu Family and the Emergence of Modern India written by Eleanor Newbigin and published by Cambridge University Press. This book was released on 2013-09-19 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
Author : Mohan Kumar
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.7/5 (1 download)
Download or read book Manu Smriti written by Mohan Kumar and published by . This book was released on 2021-01-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Manusmṛiti is an ancient legal text of Hindus. It was one of the first Sanskrit texts to have been translated into English in 1776, by Sir William Jones, and was used to formulate the Hindu law by the British colonial government.Over fifty manuscripts of the Manusmriti are found till, but the earliest discovered, most translated and presumed authentic version since the 18th century has been the "Kolkata (formerly Calcutta) manuscript with Kulluka Bhatta commentary". Modern scholarship states this presumed authenticity is false, and the various manuscripts of Manusmriti discovered in India are inconsistent with each other, and within themselves, raising concerns of its authenticity, insertions and interpolations made into the text in later times. The metrical text is in Sanskrit, is variously dated to be from the 2nd century BCE to 3rd century CE, and it presents itself as a discourse given by Manu (Svayambhuva) and Bhrigu on dharma topics such as duties, rights, laws, conduct, virtues and others. The text's fame spread outside Bharat (India), long before the colonial era. The medieval era Buddhistic law of Myanmar and Thailand are also ascribed to Manu, and the text influenced past Hindu kingdoms in Cambodia and Indonesia.Manusmriti is also called the Mānava-Dharmaśāstra or Laws of Manu.The modern version of the text has been subdivided into twelve Adhyayas (chapters), but the original text had no such division. The text covers different topics, and is unique among ancient Indian texts in using "transitional verses" to mark the end of one subject and the start of the next. The text can be broadly divided into four, each of different length, and each further divided into subsections:1.Creation of the world2.Source of dharma3.The dharma of the four social classes4.Law of karma, rebirth and final liberationThe text is composed in metric Shlokas (verses), in the form of a dialogue between an exalted teacher and disciples who are eager to learn about the various aspects of dharma. The first 58 verses are attributed by the text to Manu, while the remaining more than two thousand verses are attributed to his student Bhrigu.Manusmriti is usually traslated as "code of Manu", but it literally means "reflections of Manu". It presents itself as a document that compiles and organises the code of conduct for human society.It came into being roughly 1,800 years ago, around the period that saw yagna-based Vedic Hinduism transform into temple-based Puranic Hinduism.Mansumriti is the law book of Hindus, something like the Constitution of India. Manusmriti or Manava-dharma-shastra, is a smriti (that which is recollected): the work of man, subject to change with time (kala), place (sthan) and participants (patra).Hindus believe that to make life meaningful (purusha-artha), we have to pursue four goals simultaneously: be socially responsible (dharma), generate and distribute wealth (artha), indulge in pleasure (kama) and don't get to attached to anything (moksha).The origin of Manusmriti is attributed to Brahma, the creator, who passes it on to the first human, Manu, who passes it on to the first teacher, Bhrigu, who passes it on to other sages. Since its composition, Manusmriti was seen as the foremost dharma-shastra, overshadowing all other law books. Manusmriti aligns with the Vedic view that society is composed of four kinds of communities - those who know the Vedas (brahmins), those who govern the land (kshatriyas), those who trade (vaishyas) and those who serve (shudra).Manusmriti was one of the many dharmashastras, and it was not much in use as India came to be increasingly governed by Muslim rulers, such as the Sultans of Delhi and the Deccan and Bengal. When the British East India Company took over the governance of India from the Mughals, they compiled law for managing their subjects.For Muslims, they accepted the then prevalent Sharia, but for Hindus, they had nothing.
Author : Javaid Rehman
Publisher : BRILL
ISBN 13 : 9004466185
Total Pages : 489 pages
Book Rating : 4.0/5 (44 download)
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Javaid Rehman and published by BRILL. This book was released on 2021-08-09 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Author : Alan Gledhill
Publisher :
ISBN 13 :
Total Pages : 309 pages
Book Rating : 4.:/5 (112 download)
Download or read book The Republic of India written by Alan Gledhill and published by . This book was released on 2013 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Madhav Khosla
Publisher : Harvard University Press
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)
Download or read book India’s Founding Moment written by Madhav Khosla and published by Harvard University Press. This book was released on 2020-02-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.
Author : David B. Wilkins
Publisher : Cambridge University Press
ISBN 13 : 110821102X
Total Pages : pages
Book Rating : 4.1/5 (82 download)
Download or read book The Indian Legal Profession in the Age of Globalization written by David B. Wilkins and published by Cambridge University Press. This book was released on 2017-05-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107020565
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author : Satyajeet A. Desai
Publisher :
ISBN 13 : 9788180385995
Total Pages : 800 pages
Book Rating : 4.3/5 (859 download)
Download or read book Mulla Hindu Law written by Satyajeet A. Desai and published by . This book was released on 2011-11-09 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic work is back in a single volume and packs in the entire contents of the earlier two-volume editions. The present edition traces the developments in the field of Hindu Law since 2011 that have led to significant legislative changes. In addition, it includes critical analyses of various key judicial pronouncements.
Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Author : Gautam Bhatia
Publisher : Harper Collins
ISBN 13 : 9353026857
Total Pages : 409 pages
Book Rating : 4.3/5 (53 download)
Download or read book The Transformative Constitution written by Gautam Bhatia and published by Harper Collins. This book was released on 2019-02-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: | Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.
Author : United States
Publisher :
ISBN 13 :
Total Pages : 1146 pages
Book Rating : 4.:/5 (327 download)
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author : Werner Menski
Publisher : Oxford University Press
ISBN 13 : 0199088039
Total Pages : 668 pages
Book Rating : 4.1/5 (99 download)
Download or read book Hindu Law written by Werner Menski and published by Oxford University Press. This book was released on 2008-09-10 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.
