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Author: Aakash Singh Rathore Publisher: Taylor & Francis ISBN: 1351106635 Category : Law Languages : en Pages : 218
Book Description
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.
Author: Aakash Singh Rathore Publisher: Taylor & Francis ISBN: 1351106635 Category : Law Languages : en Pages : 218
Book Description
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.
Author: Hilal Ahmed Publisher: Taylor & Francis ISBN: 1000573192 Category : Law Languages : en Pages : 191
Book Description
This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.
Author: Devesh Kapur Publisher: Oxford University Press ISBN: 0199091285 Category : Political Science Languages : en Pages : 548
Book Description
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.
Author: Karthick Ram Manoharan S Anandhi Publisher: Orient Blackswan Pvt Limited ISBN: 9789352879076 Category : Law Languages : en Pages : 0
Book Description
The discourse of social justice has been much contested in India ever since the time of the Mandal Commission report. Nearly four decades on, debates on culture and identity remain strong. Rather than studying the concept of social justice in isolation, in distinct social, political or economic terms, Rethinking Social Justice offers a more transdisciplinary approach to envisioning a just society that encompasses the intersecting issues of caste, capital, nationalism, gender, region, urban planning and visual representation. Divided into five broad thematic sections Politics of Culture and Identity; Critical Social History; Nation and the Region; Political Economy; and Cinema and Society this volume brings together perspectives from across disciplines to rethink the question of social justice, in the process opening up a view of the panorama of Indian politics. This collection is an homage to M. S. S. Pandian who, through his writings on political economy, Dravidian politics, film studies, and social and intellectual history, interrogated questions of caste, identity and cultural elitism in his broader quest for social justice. In this volume, eminent scholars friends and colleagues of Pandian enter into a dialogue with Pandian s life-work, cut short by his untimely demise in 2014. They build upon his legacy to not only critically evaluate politics and society, but also subject mainstream culture to an equally critical evaluation. Social scientists, activists, journalists, policymakers and film critics will find immense value in this insightful collection of essays.
Author: Latika Vashist Publisher: Oxford University Press, USA ISBN: 9780190120993 Category : Languages : en Pages : 436
Book Description
Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this book re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other. While acknowledging that law is fundamentally and inherently tied to violence, the objective of this eclectic collection is to respond to and engage with the violence of law by exploring alternate ways of conceptualizing, reading, practising, and making the law.
Author: Rob van Gestel Publisher: Cambridge University Press ISBN: 1316760502 Category : Law Languages : en Pages : 867
Book Description
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Author: Kalpana Kannabiran Publisher: Routledge ISBN: 113619875X Category : Law Languages : en Pages : 521
Book Description
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.
Author: Jamal Malik Publisher: BRILL ISBN: 9004422714 Category : Religion Languages : en Pages : 746
Book Description
Jamal Malik provides new insights into the social and intellectual history of the complex forms of cultural articulation among Muslims in South Asia from the seventh to twenty-first century, elaborating on various trends and tendencies in a highly plural setting.
Author: Aakash Singh Rathore
Author: Aakash Singh Rathore
Author: Kāḷīśvaraṃ Rāj
Author: Hilal Ahmed
Author: Kāḷīśvaraṃ Rāj
Author: Devesh Kapur
Author: Karthick Ram Manoharan S Anandhi
Author: Latika Vashist
Author: Rob van Gestel
Author: Kalpana Kannabiran
Author: Jamal Malik