Legal Pluralism and Governance in South Asia and Diasporas
Author : Livia Holden
Publisher :
Page : pages
File Size : 21,99 MB
Release : 2016
Category : Conflict of laws
ISBN : 9781317607274
Legal Pluralism and Governance in South Asia and Diasporas
Author : Livia Holden
Publisher : Routledge
Page : 172 pages
File Size : 47,84 MB
Release : 2020-12-18
Category : Conflict of laws
ISBN : 9780367739430
Book Description
Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women's inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Unofficial Law.
Legal Pluralism and Governance in South Asia and Diasporas
Author : Livia Holden
Publisher : Routledge
Page : 295 pages
File Size : 26,98 MB
Release : 2016-04-14
Category : Law
ISBN : 1317607287
Book Description
Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women’s inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Official Law.
Pluralism, Transnationalism and Culture in Asian Law
Author : Gary F Bell
Publisher : Flipside Digital Content Company Inc.
Page : 290 pages
File Size : 42,65 MB
Release : 2018-02-14
Category : Law
ISBN : 9814786675
Book Description
This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
Legal Pluralism and Shari’a Law
Author : Adam Possamai
Publisher : Routledge
Page : 110 pages
File Size : 17,77 MB
Release : 2016-04-08
Category : Political Science
ISBN : 1134922132
Book Description
Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Sharī‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.
Concubinage, Race and Law in Early Colonial Bengal
Author : Ruchika Sharma
Publisher : Taylor & Francis
Page : 169 pages
File Size : 43,61 MB
Release : 2022-08-29
Category : History
ISBN : 1000638685
Book Description
This book analyzes the domestic relations which British men came to establish with native Indian women in early colonial Bengal. It provides a fresh look into the history of imperial expansion and colonial encounters by studying the large number of wills left by the British men who came in an official or economic capacity to India. It closely engages with these wills, considering them as unique personal records. These documents, where the men penned down details of their native mistresses, give a glimpse of what their lives, interpersonal relationships, household objects, and everyday affairs were like. The volume highlights how commonplace such non-marital cohabitation was and constructs the social history of these connections. It looks at issues of theft, violence, rape, bequeathment, and property rights which the women had to contend with, and also studies some of the early experiences of the mixed-race children who were a product of these relationships. A unique look into the asymmetrical but fascinating history of interracial households in early colonial Bengal, this book will be of interest to students and researchers of history, women’s studies, gender studies, colonial law, colonial travel writing, minority studies, colonialism, imperialism, and South Asian studies.
Cultural Expertise, Law, and Rights
Author : Livia Holden
Publisher : Taylor & Francis
Page : 379 pages
File Size : 13,56 MB
Release : 2023-05-19
Category : Law
ISBN : 1000884635
Book Description
Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
The Palgrave Handbook of State-Sponsored History After 1945
Author : Berber Bevernage
Publisher : Springer
Page : 868 pages
File Size : 15,39 MB
Release : 2018-02-03
Category : History
ISBN : 1349953067
Book Description
This handbook provides the first systematic integrated analysis of the role that states or state actors play in the construction of history and public memory after 1945. The book focuses on many different forms of state-sponsored history, including memory laws, monuments and memorials, state-archives, science policies, history in schools, truth commissions, historical expert commissions, the use of history in courts and tribunals etc. The handbook contributes to the study of history and public memory by combining elements of state-focused research in separate fields of study. By looking at the state’s memorialising capacities the book introduces an analytical perspective that is not often found in classical studies of the state. The handbook has a broad geographical focus and analyses cases from different regions around the world. The volume mainly tackles democratic contexts, although dictatorial regimes are not excluded.
Routledge Handbook of the South Asian Diaspora
Author : Joya Chatterji
Publisher : Routledge
Page : 430 pages
File Size : 48,7 MB
Release : 2014-01-03
Category : History
ISBN : 1136018247
Book Description
South Asia’s diaspora is among the world’s largest and most widespread, and it is growing exponentially. It is estimated that over 25 million persons of Indian descent live abroad; and many more millions have roots in other countries of the subcontinent, in Pakistan, Bangladesh and Sri Lanka. There are 3 million South Asians in the UK and approximately the same number resides in North America. South Asians are an extremely significant presence in Southeast Asia and Africa, and increasingly visible in the Middle East. This inter-disciplinary handbook on the South Asian diaspora brings together contributions by leading scholars and rising stars on different aspects of its history, anthropology and geography, as well as its contemporary political and socio-cultural implications. The Handbook is split into five main sections, with chapters looking at mobile South Asians in the early modern world before moving on to discuss diaspora in relation to empire, nation, nation state and the neighbourhood, and globalisation and culture. Contributors highlight how South Asian diaspora has influenced politics, business, labour, marriage, family and culture. This much needed and pioneering venture provides an invaluable reference work for students, scholars and policy makers interested in South Asian Studies.
Gender in South Asia And Beyond
Author : Radhika Govinda
Publisher : Zubaan
Page : 382 pages
File Size : 32,9 MB
Release : 2024-01-25
Category : Social Science
ISBN : 9390514487
Book Description
For over 40 years, Professor Patricia Jeffery, Professor Emerita in Sociology, University of Edinburgh, carried out pioneering research, individually and in partnership with her colleagues. The range of subjects she covered includes gender and development, especially childbearing, women’s reproductive rights, social demography in South Asia, Indian society, gender and communal politics, education and the reproduction of inequality; race and ethnicity. Her books, including Frogs in a Well: Indian Women in Purdah (1979) and Appropriating Gender: Women’s Activism, Politicized Religion and the State in South Asia (edited with Amrita Basu, 1998) inspired peers and future scholars alike. In this volume, we bring together a range of new research that is inspired by and intersects with Professor Jeffery’s work. The chapters offer new data, refreshing insights and original analysis on subjects of contemporary importance in the fields of gender, health, marginalization and development.
