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Postcolonial Politics and Personal Laws

Postcolonial Politics and Personal Laws
Author: Rina Verma Williams
Publisher: Oxford University Press, USA
Total Pages: 232
Release: 2006
Genre: Law
ISBN:

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Placing the contemporary discussion on personal laws in India in historical perspective, this important book views the debate as a critical component of Indian democracy. Balancing the imperatives of multiculturalism, national integration, and gender justice, it affirms that there is a complex continuity between the terms of the debate in the postcolonial Indian state and its colonial counterpart.


The Politics of Personal Law in South Asia

The Politics of Personal Law in South Asia
Author: Partha S. Ghosh
Publisher: Routledge
Total Pages: 352
Release: 2012-05-23
Genre: Law
ISBN: 1136705120

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It is a political study of the controversy surrounding the issue of the uniform civil code vis-à-vis personal laws from a South Asian perspective. At the centre of the debate is whether there should be a centralized view of the legal system in a given society or a decentralized view, both horizontally and vertically. This issue is entangled within the threads of identity politics, minority rights, women’s rights, national integration, global Islamic politics and universal human rights. Champions of each category view it through their own prisms, making the debate extremely complex, especially in politically and socially plural South Asia. So, this book attempts to harmonize the threads of the debate to provide a holistic political analysis.


Nation and Family

Nation and Family
Author: Narendra Subramanian
Publisher: Stanford University Press
Total Pages: 398
Release: 2014-04-09
Genre: Political Science
ISBN: 0804790906

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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.


The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics
Author: Keith E. Whittington
Publisher: OUP Oxford
Total Pages: 832
Release: 2010-06-10
Genre: Political Science
ISBN: 0191615064

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The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.


Making Law in Papua New Guinea

Making Law in Papua New Guinea
Author: Bruce L. Ottley
Publisher: Carolina Academic Press LLC
Total Pages: 538
Release: 2021
Genre: Law
ISBN: 9781531005504

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"In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes"--


Minorities and the Making of Postcolonial States in International Law

Minorities and the Making of Postcolonial States in International Law
Author: Mohammad Shahabuddin
Publisher: Cambridge University Press
Total Pages: 379
Release: 2021-06-10
Genre: Law
ISBN: 1108483674

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A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.


The Scandal of the State

The Scandal of the State
Author: Rajeswari Sunder Rajan
Publisher: Duke University Press
Total Pages: 331
Release: 2003-04-09
Genre: Social Science
ISBN: 0822384833

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The Scandal of the State is a revealing study of the relationship between the postcolonial, democratic Indian nation-state and Indian women’s actual needs and lives. Well-known for her work combining feminist theory and postcolonial studies, Rajeswari Sunder Rajan shows how the state is central to understanding women’s identities and how, reciprocally, women and “women’s issues” affect the state’s role and function. She argues that in India law and citizenship define for women not only the scope of political rights but also cultural identity and everyday life. Sunder Rajan delineates the postcolonial state in implicit contrast with the “enlightened,” postfeminist neoliberal state in the West. Her analysis wrestles with complex social realities, taking into account the influence of age, ethnicity, religion, and class on individual and group identities as well as the shifting, heterogeneous nature of the state itself. The Scandal of the State develops through a series of compelling case studies, each of which centers around an incident exposing the contradictory position of the Indian state vis-à-vis its female citizens and, ultimately, the inadequacy of its commitment to women’s rights. Sunder Rajan focuses on the custody battle over a Muslim child bride, the compulsory sterilization of mentally retarded women in state institutional care, female infanticide in Tamilnadu, prostitution as labor rather than crime, and the surrender of the female outlaw Phoolan Devi. She also looks at the ways the Uniform Civil Code presented many women with a stark choice between allegiance to their religion and community or the secular assertion of individual rights. Rich with theoretical acumen and activist passion, The Scandal of the State is a powerful critique of the mutual dependence of women and the state on one another in the specific context of a postcolonial modernity.


The Politics of Islamic Law

The Politics of Islamic Law
Author: Iza R. Hussin
Publisher: University of Chicago Press
Total Pages: 360
Release: 2016-03-31
Genre: Law
ISBN: 022632348X

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.


From Your Gods to Our Gods

From Your Gods to Our Gods
Author: Marco Ventura
Publisher: Wipf and Stock Publishers
Total Pages: 554
Release: 2014-10-16
Genre: Religion
ISBN: 1630875317

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The global world debates secularism, freedom of belief, faith-based norms, the state's arbitration of religious conflicts, and the place of the sacred in the public sphere. In facing these issues, Britain, India, and South Africa stand out as unique laboratories. They have greatly influenced the rest of the world. As single countries and together as a whole, the three have moved from the colonial clash of antagonistic religions (of your gods) to an era when it has become impossible to dissociate your god from my god. Today both belong to the same blurred reality of our gods. Through a narrative account of British, South African, and Indian court cases from 1857 to 2009, the author draws an unconventional history of the process leading from the encounter with the gods of the other to the forging of a postmodern, common, and global religion. Across ages, borders, faiths, and laws, the three countries have experienced the ambivalent interaction of society, politics, and beliefs. Hence the lesson the world might learn from them: our gods promise an idealized purity, but they can only become real in the everyday creation of mixed identities, hybrid deities, and shared fears and hopes.