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| Author | : Melvil Pereira |
| Publisher | : Taylor & Francis |
| Total Pages | : 294 |
| Release | : 2017-07-28 |
| Genre | : Social Science |
| ISBN | : 1351403664 |
Download Legal Pluralism and Indian Democracy Book in PDF, ePub and Kindle
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.
| Author | : International Association for Philosophy of Law and Social Philosophy. World Congress |
| Publisher | : Franz Steiner Verlag |
| Total Pages | : 224 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9783515084468 |
Download Pluralism and Law Book in PDF, ePub and Kindle
Contents Brenda M. Baker: Will Kymlicka on Minority Cultures and their Entitlements - Patricia Smith: Legal Reason, Human Rights and Plural Values - B. de Castro Cid: Some paradoxes about collective human rights - Winfried Brugger: The Common Good and Pluralism in the Modern Constitutional State - Carla M. Zoethout: Does the multicultural Society Require New Human Rights? An Appeal to the Ideal of Constitutional Democracy - Valentin Petev: Legal Ought and Moral Ought in a Pluralistic Society - John Mikhail: Islamic Rationalism and the Foundation of Human Rights - Kamal Hossain: Pluralism and the Law, Evolving legal frameworks for change in Muslim societies: some reflections - Kate McMillan: Non-indigenous minority rights in the neo-liberal state: the New Zealand experience - Agnes T. M. Schreiner: Observing the differences - Christoph Eberhard / Nidhi Gupta: Towards a Pluralist and Intercultural Approach to Law: Tackling the Challenge of Women's Rights in India - Cees Maris / Sawitri Saharso: Honour Killing: A Case for Cultural Defence? - Albie Sachs: Towards the Revitalisation of Customary Law in an Egalitarian Constitutional Democracy - Christa Rautenbach: Legal Pluralism versus Gender Equality: The South African Scenario - Marek Smolak: Lustration and Reconciliation. Polish and South African experience - Luiz Fernando Coelho: The Future of Law and the Remembrance of the Future - Stephen C. Hicks: Spirit and Law: the legal person in a post-modern, global, hi-tech world - Barry J. Rodger: Globalisation and the Depoliticisation of Competition Law - David Castle: Legal Ontology and the Conservation of Biodiversity - Keith Culver: Returning to Normal: Can Corrective Justice Be Achieved When Genetically Modified Salmon Escape and Do Damage? - Willemien du Plessis / Johan Nel: Environmental Framework Law: a strategy towards integrating pluralistic legislation - Kimmo Nuotio: Making Sense of the aeInternational' and the aeRegional' in Criminal Law and Criminal Policy.
| Author | : Paul Schiff Berman |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1133 |
| Release | : 2020-09-24 |
| Genre | : Law |
| ISBN | : 0197516742 |
Download The Oxford Handbook of Global Legal Pluralism Book in PDF, ePub and Kindle
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
| Author | : Wendy Doniger |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2015-02-09 |
| Genre | : Religion |
| ISBN | : 0199380937 |
Download Pluralism and Democracy in India Book in PDF, ePub and Kindle
Wendy Doniger and Martha Nussbaum bring together leading scholars from a wide array of disciplines to address a crucial question: How does the world's most populous democracy survive repeated assaults on its pluralistic values? India's stunning linguistic, cultural, and religious diversity has been supported since Independence by a political structure that emphasizes equal rights for all, and protects liberties of religion and speech. But a decent Constitution does not implement itself, and challenges to these core values repeatedly arise-most recently in the form of the Hindu Right movements of the twenty-first century that threatened to destabilize the nation and upend its core values, in the wake of a notorious pogrom in the state of Gujarat in which approximately 2000 Muslim civilians were killed. Focusing on this time of tension and threat, the essays in this volume consider how a pluralistic democracy managed to survive. They examine the role of political parties and movements, including the women's movement, as well as the role of the arts, the press, the media, and a historical legacy of pluralistic thought and critical argument. Featuring essays from eminent scholars in history, religious studies, political science, economics, women's studies, and media studies, Pluralism and Democracy in India offers an urgently needed case study in democratic survival. As Nehru said of India on the eve of Independence: ''These dreams are for India, but they are also for the world.'' The analysis this volume offers illuminates not only the past and future of one nation, but the prospects of democracy for all.
| Author | : Alex Green |
| Publisher | : Taylor & Francis |
| Total Pages | : 117 |
| Release | : 2024-07-31 |
| Genre | : Law |
| ISBN | : 1040152341 |
Download Legal Pluralism Book in PDF, ePub and Kindle
This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: ‘state’ vs ‘non-state’ law; and ‘law’ vs ‘non-law’. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.
| Author | : Narendra Subramanian |
| Publisher | : Stanford University Press |
| Total Pages | : 398 |
| Release | : 2014-04-09 |
| Genre | : Political Science |
| ISBN | : 0804790906 |
Download Nation and Family Book in PDF, ePub and Kindle
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.
| Author | : Ram Puniyani |
| Publisher | : |
| Total Pages | : 180 |
| Release | : 2006 |
| Genre | : Political Science |
| ISBN | : |
Download Indian Democracy, Pluralism, and Minorities Book in PDF, ePub and Kindle
| Author | : Ghislain Otis |
| Publisher | : Taylor & Francis |
| Total Pages | : 234 |
| Release | : 2022-07-15 |
| Genre | : Law |
| ISBN | : 100060912X |
Download Applied Legal Pluralism Book in PDF, ePub and Kindle
This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.
| Author | : Jean L. Cohen |
| Publisher | : Columbia University Press |
| Total Pages | : 669 |
| Release | : 2018-09-25 |
| Genre | : Political Science |
| ISBN | : 0231546955 |
Download Forms of Pluralism and Democratic Constitutionalism Book in PDF, ePub and Kindle
The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.
| Author | : Karen Barkey |
| Publisher | : Oxford University Press |
| Total Pages | : 393 |
| Release | : 2021 |
| Genre | : Political Science |
| ISBN | : 019753001X |
Download Negotiating Democracy and Religious Pluralism Book in PDF, ePub and Kindle
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.
