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.


Worshipping False Gods

Worshipping False Gods

Author: Arun Shourie

Publisher: HarperCollins

Published: 2012-07-27

Total Pages: 411

ISBN-13: 9350295393

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Over the last couple of decades, B.R. Ambedkar has come to be idolized as no other political leader has. His statue is one of the largest in the Parliament complex. Political parties have reaped rich electoral dividends riding on his name. A decades-old cartoon of him in a textbook rocked Parliament for days recently, causing parties across the political spectrum to run for cover and call for the withdrawal of the 'offending' cartoon. In Worshipping False Gods, Arun Shourie employs his scholarly rigour to cast a critical look at the legend of Ambedkar. With his distinctive eye for detail, Shourie delves into archival records to ask pertinent questions: Did Ambedkar coordinate his opposition to the freedom struggle with the British? How does his approach to social change contrast with that of Mahatma Gandhi's? Did the Constitution spring from him or did it grow as a dynamic living organism? Passionately argued and based on a mountain of facts that it presents, Worshipping False Gods compels us to go behind the myths on which discourse is built in India today.


Precedent in English Law

Precedent in English Law

Author: Rupert Cross

Publisher: Clarendon Press

Published: 1991-06-13

Total Pages: 256

ISBN-13: 0191024449

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This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.