Hindu Law

Hindu Law

Author: Werner Menski

Publisher: Oxford University Press

Published: 2008-09-10

Total Pages: 668

ISBN-13: 0199088039

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This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.


Voice of the Populist Jurisprudent

Voice of the Populist Jurisprudent

Author: L S Sathiyamurthy

Publisher: Prowess Publishing

Published: 2019-08-23

Total Pages: 164

ISBN-13: 1545747474

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Justice V R Krishna Iyer was a dynamic lawyer. He was elevated as a Judge of the Kerala High Court and served as a ‘Super Judge of the Supreme Court of India’. He had also fought in the general election and served as Minister in Kerala. He was a contestant to the high office of president of India too. He has delivered more than 750 judgments in the tenure of fewer than eight years, in the Supreme Court of India, which has served as guiding precedents with resounding effects, even after four decades. This book is a prospective analysis of the progressive pronouncements of Justice V R Krishna Iyer and his extra-judicial writings. The inimitable language and the contribution of words to the legal vocabulary by Justice V R Krishna Iyer are discussed quoting with relevant decisions. The Judgments penned down by Justice V R Krishna Iyer in Ediga Annama case, (1974) which suggested a penealogical solution for the punitive dilemma and the decision in Maneka Gandhi case (1978) that widened the scope of Article 21, Constitution of India are well examined are presented for the readers with more information. The narratives and messages in the case of CB Muthmma, (1979) the first IFS qualified woman and how it removed the masculine prejudice from the Service Rules are useful law students and legal practitioners as well. This book invites the readers on a fascinating journey of judgments which set new trends in Bail jurisprudence, legal aid to justice seekers and other important areas, we confront every day.


Judges of the Supreme Court of India

Judges of the Supreme Court of India

Author: George H. Gadbois, Jr

Publisher: Oxford University Press

Published: 2011-05-02

Total Pages: 586

ISBN-13: 0199088381

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Despite the critical role played by the Supreme Court of India, the lives of the judges have never been studied before. This seminal book presents biographical essays for each of the first ninety-three judges who served on the Court from 1950 through mid-1989. The essays in the book are based on interviews the author conducted with sixty-four of the sixty-eight judges who were alive in the 1980s, and on meetings and correspondence with family members or relatives, friends, and associates of the deceased judges. An attempt is made to account for why certain judges rather than others were chosen, the selection criteria employed and, to the extent possible in a secretive selection environment, to identify those who selected them. It concludes with a collective portrait of these judges, paying particular attention to changes in their background characteristics—fathers' occupation, education, pre-SCI career, caste, religion, state of birth, and region, over four decades. The essays also embrace their post-retirement activities.


Idea and Methods of Legal Research

Idea and Methods of Legal Research

Author: P. Ishwara Bhat

Publisher: Oxford University Press

Published: 2019-09-05

Total Pages: 578

ISBN-13: 0199098301

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Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.


Health Justice in India

Health Justice in India

Author: Edward Premdas Pinto

Publisher: Springer Nature

Published: 2020-10-13

Total Pages: 295

ISBN-13: 9811581436

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This book presents important fields of research in public healthcare in India from an interdisciplinary and health systems perspectives. Discussing how the exchange of power between the health justice triad, viz., the State (judiciary as the arm of the State), legal and medical professions, and civil society, cumulatively shapes the outcomes of health justice for citizens, it provides insights into India’s juridico-legal processes and of seeking justice in healthcare. It critically assesses civil society’s counter-hegemonic role in bolstering justice in health care and examines the potential of transforming health care jurisprudence into health justice. Repositioning the social right to healthcare as integral to social citizenship and social justice, and opening avenues for inter-professional and interdisciplinary power discourse in public health policy research, the book is of interest to academics, practitioners, students, researchers, and the wide academic community working in public health care issues broadly.