Contested States


Book Description

Contested States examines how hegemony is created and facilitated through law as well as how people use legal arenas to resist oppression. The essays, written by anthropologists and historians, offer rich historical and ethnographic detail as they engage these themes in such contexts as: colonial and post-colonial courts in Kenya, India, Uganda and the Caribbean; bureaucracies in Tonga and Turkey; and judicial processes in the historical and contemporary United States. Contested States contributes to the new focus on power and social process in legal studies and argues that while states encode and enforce law, a crucial part of the power of law is its very contestability. The book demonstrates that theoretical insights learned in legal arenas can deepen one's overall understanding of sociocultural order and the processes of historical and legal change.




Gender, Law, and Resistance in India


Book Description

Theft, poisoning, affairs, flights home, refusals to work, eat or have sex, threats to divide the joint household, and sly acts of sabotage are some of the domestic warfare tactics employed by Muslim women attempting to resist patriarchy. Gender, Law, and Resistance in India dramatically illustrates how a patriarchal ideology is upheld and reinforced through male-governed social and legal institutions and how women defy that control. Based on anthropological fieldwork in rural Rajasthan in northern India, Erin Moore's book details the life of an extended Muslim family she has known for twenty years. In many ways the plight of the central character, Hunni, is representative of dilemmas experienced by the majority of north Indian peasant women. Ultimately an account of cultural hegemony and defiance, Gender, Law, and Resistance in India reveals how so-called "modern" state institutions and practices reinforce traditional arrangements, resulting in women being silenced, deprived of equal rights before the law, and returned to their male guardians. Still, women resist in overt and covert ways. The first ethnographic work to focus principally on the law and legal institutions of gender and agency in South Asia, this unique volume examines the interpenetrations of north India's pluralistic legal systems. Moore adeptly connects engrossing case histories to national dialogues over women's rights, discussing these issues in terms of Muslim personal laws, secularism, and communal violence. Gender, Law, and Resistance in India is a rich and truly significant contribution to gender studies, South Asian studies, and sociolegal studies.




Law and Anthropology


Book Description

This volume provides an introduction to the major themes and theoretical perspectives of contemporary work in Law and Anthropology. It reflects both important recent ethnography of law and the state, and the dialogue of jurists and anthropologists concerning legal institutions in the present era of economic globalization and renewed civil and international conflict.




Rebels From the Mud Houses


Book Description

This book examines Dalit mobilization and the transformation of rural power relations in the context of intense agrarian violence involving Maoist guerrillas and upper caste militias backed by state forces in Bihar in the 1980s. The book investigates why thousands of Dalits took up arms and highlights the specificities of Dalit participation in the Maoist Movement and develops an anthropology of the Maoist Revolution in India.




Islam, Sharia and Alternative Dispute Resolution


Book Description

The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.




The Blackfoot Papers


Book Description

"A series of illustrated books to help preserve the culture and heritage of the four divisions that make up the Blackfoot Confederacy in the United States and Canada"--Cover.




Crossing Lines


Book Description

This book explains why, how, and where ethnic political parties unexpectedly seek votes from non-coethnics and when voters support non-coethnic parties. It draws on case studies of three Indian states (Uttar Pradesh, Punjab, Rajasthan) and of Indian national elections to demonstrate how differences in party systems impact political party strategies and voter choices. It shows that multipolar party systems encourage political parties to provide physical security, representation, and economic benefits for minorities, especially Muslims, in India and as a result, foster cross-ethnic links between parties and voters. However, as political arenas become dominated by two or even one party, advocacy for the interests of marginalized groups declines, weakening cross-ethnic linkages. The book thus explains why representation and advocacy for Muslims in Uttar Pradesh and at the national level has alternated dramatically in the 21st century. Based on original fieldwork and supplemented by existing surveys and secondary sources from the 1990s to the present day, the book addresses critical themes such as inclusion and substantive representation in a democracy, caste and minority politics, ethnic violence, and inter-ethnic linkages between politicians and voters. Demonstrating why political parties support and protect the interests of marginalized ethnic groups in certain political conditions but not others, the volume also speaks to larger questions of the health of multiethnic democracies and democratic backsliding around the world.




Routledge Readings on Law and Social Justice


Book Description

Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights presents some of the finest essays on social justice, rights and public policy. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding law and socio- legal studies in South Asia. The book covers critical themes such as the jurisprudence of rights, justice, dignity, with a focus on the regimes of patriarchy, labour and dispossession. The fourteen chapters in the volume, divided into three sections, examine contested sites of the constitution, courts, prisons, land and complex processes of migration, trafficking, digital technology regimes, geographical indications and their entanglements. 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 and violence. It will serve as essential reading for those in law, socio- legal studies, legal history, 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, and those in public administration, development studies, environmental studies, migration studies, cultural studies, labour studies and economics.




Moving Out of Poverty


Book Description

'No matter if I fall, I get up again. If I fall 5,000 times, I will stand up another 5,000 times.' -- William, a 37-year-old from El Gorri n, Colombia Why and how do some people move out of poverty and stay out while others remain trapped? Most books on growth and poverty reduction are dominated by the perspectives of policy makers and academic experts. In contrast, 'Moving Out of Poverty: Success from the Bottom Up' presents the experiences of poor people who have made it out of poverty. The book's findings draw from the Moving Out of Poverty research conducted in communities in 15 countries in Africa, East Asia, Latin America, and South Asia. The authors synthesize the results of qualitative and quantitative research based on discussions with over 60,000 people in rural areas. They offer bottom-up perspectives on the processes and local institutions that play key roles in escapes from poverty. The study finds that there are no differences in the initiatives taken by the poor, the rich, and the upwardly mobile. What, then, explains the difference in outcomes? The authors demonstrate how in the face of deep social inequalities that block access to economic opportunities and local democracies individual initiative and empowerment by themselves are often not enough to escape poverty. This book will be of interest to all concerned with equity in an increasingly unequal world.