Rethinking Indian Jurisprudence

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Rethinking Indian Jurisprudence

Author : Aakash Singh Rathore
Publisher : Taylor & Francis
ISBN 13 : 1351106635
Total Pages : 176 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Rethinking Indian Jurisprudence by : Aakash Singh Rathore

Download or read book Rethinking Indian Jurisprudence written by Aakash Singh Rathore and published by Taylor & Francis. This book was released on 2018-01-29 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.

Rethinking Public Institutions in India

Author : Devesh Kapur
Publisher : Oxford University Press
ISBN 13 : 0199091285
Total Pages : 435 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Rethinking Public Institutions in India by : Devesh Kapur

Download or read book Rethinking Public Institutions in India written by Devesh Kapur and published by Oxford University Press. This book was released on 2018-02-16 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: While a growing private sector and a vibrant civil society can help compensate for the shortcomings of India’s public sector, the state is—and will remain—indispensable in delivering basic governance. In Rethinking Public Institutions in India, distinguished political and economic thinkers critically assess a diverse array of India’s core federal institutions, from the Supreme Court and Parliament to the Election Commission and the civil services. Relying on interdisciplinary approaches and decades of practitioner experience, this volume interrogates the capacity of India’s public sector to navigate the far-reaching transformations the country is experiencing. An insightful introduction to the functioning of Indian democracy, it offers a roadmap for carrying out fundamental reforms that will be necessary for India to build a reinvigorated state for the twenty-first century.

Tools of Justice

Author : Kalpana Kannabiran
Publisher : Routledge
ISBN 13 : 113619875X
Total Pages : 521 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Tools of Justice by : Kalpana Kannabiran

Download or read book Tools of Justice written by Kalpana Kannabiran and published by Routledge. This book was released on 2013-02-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Caribbean Constitutional Reform

Author : Simeon C. R. McIntosh
Publisher : Ian Randle Publishers
ISBN 13 : 9789768167286
Total Pages : 0 pages
Book Rating : 4.1/5 (672 download)

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Book Synopsis Caribbean Constitutional Reform by : Simeon C. R. McIntosh

Download or read book Caribbean Constitutional Reform written by Simeon C. R. McIntosh and published by Ian Randle Publishers. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region's constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region's political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of 'lawful devolution of sovereignty' and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a 'new constitutional discourse' shaped by a Caribbean court of final appeal. "

Rethinking India's Past

Author : Sharma
Publisher : Oxford India Paperbacks
ISBN 13 : 9780198068297
Total Pages : 299 pages
Book Rating : 4.0/5 (682 download)

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Book Synopsis Rethinking India's Past by : Sharma

Download or read book Rethinking India's Past written by Sharma and published by Oxford India Paperbacks. This book was released on 2010 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering a long span, from the Vedic period to twelfth century AD, this volume explores key aspects of early Indian history political ideas and institutions; economic patterns and developments; social orders and ractices; and the transition from ancient to medieval.

Indian Political Theory

Author : Aakash Singh Rathore
Publisher : Routledge
ISBN 13 : 1315284197
Total Pages : 325 pages
Book Rating : 4.3/5 (152 download)

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Book Synopsis Indian Political Theory by : Aakash Singh Rathore

Download or read book Indian Political Theory written by Aakash Singh Rathore and published by Routledge. This book was released on 2017-02-24 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present, a nativist turn in Indian political theory can be observed. There is a general assumption that the indigenous thought to which researchers are supposed to be (re)turning may somehow be immediately visible by ignoring the colonization of the mind and polity. In such a conception of svaraj (which can be translated as ‘authentic autonomy’), the tradition to be returned to would be that of the indigenous elites. In this book, this concept of svaraj is defined as a thick conception, which links it with exclusivist notions of spirituality, profound anti-modernity, exceptionalistic moralism, essentialistic nationalism and purism. However, post-independence India has borne witness to an alternative trajectory: a thin svaraj. The author puts forward a workable contemporary ideal of thin svaraj, i.e. political, and free of metaphysical commitment. The model proposed is inspired by B.R. Ambedkar's thoughts, as opposed to the thick conception found in the works of M.K. Gandhi, KC Bhattacharya and Ramachandra Gandhi. The author argues that political theorists of Indian politics continue to work with categories and concepts alien to the lived social and political experiences of India's common man, or everyday people. Consequently, he emphasises the need to decolonize Indian political theory, and rescue it from the grip of western theories, and fascination with western modes of historical analysis. The necessity to avoid both universalism and relativism and more importantly address the political predicaments of ‘the people’ is the key objective of the book, and a push for a reorientation of Indian political theory. An interesting new interpretation of a contemporary ideal of svaraj, this analysis takes into account influences from other cultures and sources as well as eschews thick conceptions that stifle imaginations and imaginaries. This book will be of interest to academics in the fields of philosophy, political science, sociology, literature and cultural studies in general and contemporary political theory, South Asian and Indian politics and political theory in particular.

Identifying and Regulating Religion in India

Author : Geetanjali Srikantan
Publisher : Cambridge University Press
ISBN 13 : 1108901158
Total Pages : 260 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Identifying and Regulating Religion in India by : Geetanjali Srikantan

Download or read book Identifying and Regulating Religion in India written by Geetanjali Srikantan and published by Cambridge University Press. This book was released on 2020-10-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. This book investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents.

A People's Constitution

Author : Rohit De
Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis A People's Constitution by : Rohit De

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.

Understanding Jurisprudence

Author : Raymond Wacks
Publisher : Oxford University Press, USA
ISBN 13 : 9780199272587
Total Pages : 0 pages
Book Rating : 4.2/5 (725 download)

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Book Synopsis Understanding Jurisprudence by : Raymond Wacks

Download or read book Understanding Jurisprudence written by Raymond Wacks and published by Oxford University Press, USA. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.

The Indian Yearbook of Comparative Law 2018

Author : Mahendra Pal Singh
Publisher : Springer
ISBN 13 : 9811370524
Total Pages : 400 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2018 by : Mahendra Pal Singh

Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

Wronging Rights?

Author : Aakash Singh Rathore
Publisher : Routledge
ISBN 13 : 1136704280
Total Pages : 217 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Wronging Rights? by : Aakash Singh Rathore

Download or read book Wronging Rights? written by Aakash Singh Rathore and published by Routledge. This book was released on 2012-03-12 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers (Ratna Kapur, G. C. Spivak, Upendra Baxi; Slavoj Žižek, Jacques Rancière), while in the middle, an American intermezzo (Richard Rorty, Wendy Brown) functions as a genuine Derridian supplement: always already contaminating the purity of the two theoretical schools, preventing their enclosure and, hence, fuelling and complicating further their mutual confrontation. As in any authentic dialogue, the introduction and the conclusion each claim victory for one of the sides by changing the very terms and rules of the dialogue, picturing it as a confrontation between emancipatory universalism and inefficient particularism (from the perspective of the post-Althusserians), or as a split between hypocrisy and truth (from the perspective of the post-colonialists).

Kelsen in the "Grenada Court"

Author : Simeon C. R. McIntosh
Publisher : Ian Randle Publishers
ISBN 13 : 9768167475
Total Pages : 271 pages
Book Rating : 4.7/5 (681 download)

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Book Synopsis Kelsen in the "Grenada Court" by : Simeon C. R. McIntosh

Download or read book Kelsen in the "Grenada Court" written by Simeon C. R. McIntosh and published by Ian Randle Publishers. This book was released on 2008 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, revolution has been one of the principal means of founding a new state. But can this new state have any moral legitimacy, born as it is out of violence? That is the critical question for legal theorists. The late Hans Kelsen, arguably one of the leading legal theorists and philosophers of the twentieth century, in his Pure Theory of Law, articulated this theory of revolutionary legality as a part of his general theory of law. Kelsen in the Grenada Court: Essays on Revolutionary Legality examines revolutionary legality in the context of the Grenada coup d'etat of March 1979, which brought the People's Revolutionary Government (PRG) to power. The 1973 Constitution was suspended, the executive authority of the country changed, parliament was reconstituted and a new Supreme Court established. The governing principles of political life in Grenada were transformed. The PRG had established a new legality. The courts however, were confronted with questions of their validity and jurisdictional competence. Called upon to judge the validity of the PRG regime, the issue of the validity of the courts was also called into question. Following the demise of the PRG regime in sensational fashion, culminating in the invasion of Grenada by the US army in 1983, the validity of the court was again challenged. This collection of clear, readily understood essays, shows that the Court determined its own validity as a matter of necessity. Using examples from around the Commonwealth, the case of Bernard Coard & Ors. v. The Attorney General, known popularly as the Maurice Bishop murder trial, or the Grenada Thirteen, McIntosh criticizes the Grenada Court and its handling of the subject of revolutionary legality; while addressing Kelsen's theory of continuity and discontinuity of law and the doctrine of necessity.

Rethinking Modern European Intellectual History

Author : Darrin M. McMahon
Publisher : Oxford University Press
ISBN 13 : 0199769230
Total Pages : 318 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Rethinking Modern European Intellectual History by : Darrin M. McMahon

Download or read book Rethinking Modern European Intellectual History written by Darrin M. McMahon and published by Oxford University Press. This book was released on 2014-03 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of essays by leading practitioners of modern European intellectual history, reflecting on the theoretical and methodological underpinnings of the field. The essays each attempt to assess their respective disciplines, giving an account of their development and theoretical evolution, while also reflecting on current problems, challenges, and possibilities.

Enslaved Daughters

Author : Sudhir Chandra
Publisher : Oxford University Press
ISBN 13 : 0199088780
Total Pages : 363 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Enslaved Daughters by : Sudhir Chandra

Download or read book Enslaved Daughters written by Sudhir Chandra and published by Oxford University Press. This book was released on 2008-02-27 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of a remarkable study of a young woman's defiant stand against Hindu orthodoxy and the colonial legal establishment in the late nineteenth century India. It revolves around a suit for 'restitution of conjugal rights' filed against Rukhmabai, who was married at age eleven and refused to go and live with her husband. This lucid and engaging account captures the dramatic unfolding of the litigation, as well as the huge social and political debate set off by it. The narrative skilfully weaves together the details of the case with larger issues of gender and law, colonialism, culture, reform, and modernity. This edition includes a new Afterword in which the author analyses a vexatious libel case into which the rival party dragged Rukhmabai with a view to breaking her will, even before the original suit has been settled. This book will interest students and scholars of gender studies, family law, feminist perspective of history, legal history, and also general readers.

Challenging The Rules(s) of Law

Author : Kalpana Kannabiran
Publisher : SAGE Publications Inc
ISBN 13 : 0761936653
Total Pages : 516 pages
Book Rating : 4.7/5 (619 download)

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Book Synopsis Challenging The Rules(s) of Law by : Kalpana Kannabiran

Download or read book Challenging The Rules(s) of Law written by Kalpana Kannabiran and published by SAGE Publications Inc. This book was released on 2008-11-11 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays re-examines the field of criminology through an interdisciplinary lens, challenging in the process unproblematic assumptions of the rule of law and opening out avenues for a renewed and radical restatement of the contexts of criminal law in India. This collection is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. The contributors are a diverse group – widely respected activists, bureaucrats, scholars, and professionals – who share concerns on criminal justice systems and the need to entrench human rights in the Indian polity.

Domestic Violence Law in India

Author : Shalu Nigam
Publisher : Taylor & Francis
ISBN 13 : 1000408094
Total Pages : 231 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Domestic Violence Law in India by : Shalu Nigam

Download or read book Domestic Violence Law in India written by Shalu Nigam and published by Taylor & Francis. This book was released on 2021-07-08 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the prevailing legal discourse surrounding domestic violence law in India. It investigates the myths, patriarchal stereotypes, and misconceptions that undermine the process of justice and dilute legal provisions to the detriment of survivors. The volume: Develops arguments based on legal case studies and draws extensively on knowledge from various fields of study, as well as the experience of women survivors. Examines fallacies within the legal framework through a study of strategic lawsuits against public participation suits within the Indian context. Proposes measures for a fair and more gender inclusive legal system that focuses on facilitating access to justice. Suggests that emphasis be laid on establishing the rule of law and eliminating the culture of violence. A key text on gender and law in India, this book will be indispensable to scholars and researchers of socio-legal studies, law, gender, human rights, women’s studies, social science, political science, and feminist jurisprudence in South Asia. It will also be of interest to NGOs, activists, and lawyers.

Reconceptualizing India Studies

Author : Balagangadhara,
Publisher : OUP India
ISBN 13 : 0198082967
Total Pages : 280 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Reconceptualizing India Studies by : Balagangadhara,

Download or read book Reconceptualizing India Studies written by Balagangadhara, and published by OUP India. This book was released on 2012-09-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a radical analysis of postcolonial studies as a discipline and modern India as a domain of study. It discusses wide variety of issues such as different definitions of culture, colonialism, secularism, and orientalist discourse.