Legal Pluralism And Indian Democracy

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Legal Pluralism and Indian Democracy

Author : Melvil Pereira
Publisher : Taylor & Francis
ISBN 13 : 1351403664
Total Pages : 294 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Legal Pluralism and Indian Democracy by : Melvil Pereira

Download or read book Legal Pluralism and Indian Democracy written by Melvil Pereira and published by Taylor & Francis. This book was released on 2017-07-28 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Nation and Family

Author : Narendra Subramanian
Publisher : Stanford University Press
ISBN 13 : 0804790906
Total Pages : 398 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Nation and Family by : Narendra Subramanian

Download or read book Nation and Family written by Narendra Subramanian and published by Stanford University Press. This book was released on 2014-04-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Negotiating Democracy and Religious Pluralism

Author : Karen Barkey
Publisher : Oxford University Press
ISBN 13 : 019753001X
Total Pages : 393 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Negotiating Democracy and Religious Pluralism by : Karen Barkey

Download or read book Negotiating Democracy and Religious Pluralism written by Karen Barkey and published by Oxford University Press. This book was released on 2021 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that situates and furthers contemporary debates around the prospects of democracy in diverse societies within and beyond the West. Negotiating Democracy and Religious Pluralism examines the relationship between the functioning of democracy and the prior existence of religious plurality in three societies outside the West: India, Pakistan, and Turkey. All three societies had on one hand deep religious diversity and on the other long histories as imperial states that responded to religious diversity through their specific pre-modern imperial institutions. Each country has followed a unique historical trajectory with regard to crafting democratic institutions to deal with such extreme diversity. The volume focuses on three core themes: historical trends before the modern state's emergence that had lasting effects; the genealogies of both the state and religion in politics and law; and the problem of violence toward and domination over religious out-groups. Volume editors Karen Barkey, Sudipta Kaviarj, and Vatsal Naresh have gathered a group of leading scholars across political science, sociology, history, and law to examine this multifaceted topic. Together, they illuminate various trajectories of political thought, state policy, and the exercise of social power during and following a transition to democracy. Just as importantly, they ask us to reflexively examine the political categories and models that shape our understanding of what has unfolded in South Asia and Turkey.

Forms of Pluralism and Democratic Constitutionalism

Author : Andrew Arato
Publisher :
ISBN 13 : 9780231187022
Total Pages : 377 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Forms of Pluralism and Democratic Constitutionalism by : Andrew Arato

Download or read book Forms of Pluralism and Democratic Constitutionalism written by Andrew Arato and published by . This book was released on 2018 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.

India’s Founding Moment

Author : Madhav Khosla
Publisher : Harvard University Press
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis India’s Founding Moment by : Madhav Khosla

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.

Divorce and Democracy

Author : Saumya Saxena
Publisher : Cambridge University Press
ISBN 13 : 1108999654
Total Pages : pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Divorce and Democracy by : Saumya Saxena

Download or read book Divorce and Democracy written by Saumya Saxena and published by Cambridge University Press. This book was released on 2022-07-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Cambridge University Press
ISBN 13 : 1107376912
Total Pages : 357 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Global Legal Pluralism by : Paul Schiff Berman

Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

The Constitution of India

Author : Arun K Thiruvengadam
Publisher : Bloomsbury Publishing
ISBN 13 : 1849468702
Total Pages : 291 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis The Constitution of India by : Arun K Thiruvengadam

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.

Legal Pluralism and Development

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1107019400
Total Pages : 271 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha

Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2012-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.

Religion, Secularism, and Constitutional Democracy

Author : Jean L. Cohen
Publisher : Columbia University Press
ISBN 13 : 0231540736
Total Pages : 465 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Religion, Secularism, and Constitutional Democracy by : Jean L. Cohen

Download or read book Religion, Secularism, and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Adjudication in Religious Family Laws

Author : Gopika Solanki
Publisher : Cambridge University Press
ISBN 13 : 1139499270
Total Pages : 439 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Adjudication in Religious Family Laws by : Gopika Solanki

Download or read book Adjudication in Religious Family Laws written by Gopika Solanki and published by Cambridge University Press. This book was released on 2011-04-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.

Decolonizing Democracy

Author : Christine Keating
Publisher : Penn State Press
ISBN 13 : 0271068086
Total Pages : 245 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Decolonizing Democracy by : Christine Keating

Download or read book Decolonizing Democracy written by Christine Keating and published by Penn State Press. This book was released on 2015-06-19 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most democratic theorists have taken Western political traditions as their primary point of reference, although the growing field of comparative political theory has shifted this focus. In Decolonizing Democracy, comparative theorist Christine Keating interprets the formation of Indian democracy as a progressive example of a “postcolonial social contract.” In doing so, she highlights the significance of reconfigurations of democracy in postcolonial polities like India and sheds new light on the social contract, a central concept within democratic theory from Locke to Rawls and beyond. Keating’s analysis builds on the literature developed by feminists like Carole Pateman and critical race theorists like Charles Mills that examines the social contract’s egalitarian potential. By analyzing the ways in which the framers of the Indian constitution sought to address injustices of gender, race, religion, and caste, as well as present-day struggles over women’s legal and political status, Keating demonstrates that democracy’s social contract continues to be challenged and reworked in innovative and potentially more just ways.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Shadow Nations

Author : Bruce Duthu
Publisher : OUP USA
ISBN 13 : 0199735867
Total Pages : 249 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Shadow Nations by : Bruce Duthu

Download or read book Shadow Nations written by Bruce Duthu and published by OUP USA. This book was released on 2013-07-18 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to counter the steady erosion of tribal powers of self-government, this book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years.

Architect of Justice

Author : Dalia Tsuk Mitchell
Publisher : Cornell University Press
ISBN 13 : 9780801439568
Total Pages : 392 pages
Book Rating : 4.4/5 (395 download)

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Book Synopsis Architect of Justice by : Dalia Tsuk Mitchell

Download or read book Architect of Justice written by Dalia Tsuk Mitchell and published by Cornell University Press. This book was released on 2007 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Routledge Readings on Law, Development and Legal Pluralism

Author : Kalpana Kannabiran
Publisher : Taylor & Francis
ISBN 13 : 1000607828
Total Pages : 327 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Routledge Readings on Law, Development and Legal Pluralism by : Kalpana Kannabiran

Download or read book Routledge Readings on Law, Development and Legal Pluralism written by Kalpana Kannabiran and published by Taylor & Francis. This book was released on 2022-07-11 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Routledge Readings on Law, Development and Legal Pluralism presents some of the finest essays on social justice, environment, rights and governance. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding the harm and risk relating to biodiversity, agro-ecology, disaster and forest rights. The book covers critical themes such as ecology, families and governance and establishes the trajectory of contemporary ecology and law in South Asia. The thirteen chapters in the volume, divided into three sections, trace violence and marginality in the plurality of families and their laws in India, as well as discuss community-based just practices. With debates on development, governance and families, the book highlights the politics and practices of law making, law reform and law application. This multidisciplinary volume foregrounds the politics and plural lives of/in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject. This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality, kinship and indigeneity studies. It will serve as essential reading for those in law, socio-legal studies, environment studies and ecology, social exclusion studies, development studies, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, environmentalists and those in public administration.