Law and Identity in Colonial South Asia
Law and Identity in Colonial South Asia

Author: Mitra Sharafi

Publisher: Cambridge University Press

Published: 2014-04-21

Total Pages: 369

ISBN-13: 1107047978

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This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

Wobblies and Zapatistas
Wobblies and Zapatistas

Author: Staughton Lynd

Publisher: PM Press

Published: 2008-09-01

Total Pages: 255

ISBN-13: 1604861851

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Wobblies and Zapatistas offers the reader an encounter between two generations and two traditions. Andrej Grubačić is an anarchist from the Balkans. Staughton Lynd is a lifelong pacifist, influenced by Marxism. They meet in dialogue in an effort to bring together the anarchist and Marxist traditions, to discuss the writing of history by those who make it, and to remind us of the idea that “my country is the world.” Encompassing a Left-libertarian perspective and an emphatically activist standpoint, these conversations are meant to be read in the clubs and affinity groups of the new Movement. The authors accompany us on a journey through modern revolutions, direct actions, antiglobalist counter-summits, Freedom Schools, Zapatista cooperatives, Haymarket and Petrograd, Hanoi and Belgrade, “intentional” communities, wildcat strikes, early Protestant communities, Native American democratic practices, the Workers’ Solidarity Club of Youngstown, occupied factories, self-organized councils and soviets, the lives of forgotten revolutionaries, Quaker meetings, antiwar movements, and prison rebellions. Neglected and forgotten moments of interracial self-activity are brought to light. The book invites the attention of readers who believe that a better world, on the other side of capitalism and state bureaucracy, may indeed be possible.

Application of Foreign Law
Application of Foreign Law

Author: Carlos Esplugues Mota

Publisher: Walter de Gruyter

Published: 2011-03-30

Total Pages: 445

ISBN-13: 3866539126

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During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.

Gilded Age
Gilded Age

Author: Ivan Franceschini

Publisher: ANU Press

Published: 2018-04-01

Total Pages: 273

ISBN-13: 1760461997

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According to the Chinese zodiac, 2017 was the year of the 'fire rooster', an animal often associated with the mythical fenghuang, a magnificently beautiful bird whose appearance is believed to mark the beginning of a new era of peaceful flourishing. Considering the auspicious symbolism surrounding the fenghuang, it is fitting that on 18 October 2017, President Xi Jinping took to the stage of the Nineteenth Party Congress to proclaim the beginning of a 'new era' for Chinese socialism. However, in spite of such ecumenical proclamations, it became immediately evident that not all in China would be welcome to reap the rewards promised by the authorities. Migrant workers, for one, remain disposable. Lawyers, activists and even ordinary citizens who dare to express critical views also hardly find a place in Xi's brave new world. This Yearbook traces the stark new 'gilded age' inaugurated by the Chinese Communist Party. It does so through a collection of more than 40 original essays on labour, civil society and human rights in China and beyond, penned by leading scholars and practitioners from around the world.

The Law of Emergency Powers
The Law of Emergency Powers

Author: Abhishek Singhvi

Publisher: Springer Nature

Published: 2020-10-30

Total Pages: 336

ISBN-13: 9811529973

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This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

The Conflict of Laws
The Conflict of Laws

Author: Adrian Briggs

Publisher: OUP Oxford

Published: 2013-04-25

Total Pages: 1671

ISBN-13: 019166863X

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Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.