Legal Pluralism and Governance in South Asia and Diasporas
Legal Pluralism and Governance in South Asia and Diasporas

Author: Livia Holden

Publisher: Routledge

Published: 2016-04-14

Total Pages: 295

ISBN-13: 1317607287

DOWNLOAD EBOOK

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.

Concubinage, Race and Law in Early Colonial Bengal
Concubinage, Race and Law in Early Colonial Bengal

Author: Ruchika Sharma

Publisher: Taylor & Francis

Published: 2022-08-29

Total Pages: 169

ISBN-13: 1000638685

DOWNLOAD EBOOK

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
Cultural Expertise, Law, and Rights

Author: Livia Holden

Publisher: Taylor & Francis

Published: 2023-05-19

Total Pages: 379

ISBN-13: 1000884635

DOWNLOAD EBOOK

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
The Palgrave Handbook of State-Sponsored History After 1945

Author: Berber Bevernage

Publisher: Springer

Published: 2018-02-03

Total Pages: 868

ISBN-13: 1349953067

DOWNLOAD EBOOK

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.

Gender in South Asia And Beyond
Gender in South Asia And Beyond

Author: Radhika Govinda

Publisher: Zubaan

Published: 2024-01-25

Total Pages: 382

ISBN-13: 9390514487

DOWNLOAD EBOOK

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.

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?
Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?

Author: Csaba Varga

Publisher: Springer Nature

Published: 2020-07-30

Total Pages: 218

ISBN-13: 3030468984

DOWNLOAD EBOOK

This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.

Diaspora Engagement and Development in South Asia
Diaspora Engagement and Development in South Asia

Author: T. Yong

Publisher: Springer

Published: 2013-10-11

Total Pages: 240

ISBN-13: 1137334452

DOWNLOAD EBOOK

A global cast of contributors document the various forms of diaspora engagement – philanthropy, volunteerism, advocacy, entrepreneurship, and virtual diaspora - in South Asia and provide insights on how to tap the development potential of diaspora engagement for countries in South Asia.

Legal Pluralism in Ethiopia
Legal Pluralism in Ethiopia

Author: Susanne Epple

Publisher: transcript Verlag

Published: 2020-07-31

Total Pages: 415

ISBN-13: 3839450217

DOWNLOAD EBOOK

Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.

Culture in the Domains of Law
Culture in the Domains of Law

Author: René Provost

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 457

ISBN-13: 1107163331

DOWNLOAD EBOOK

This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.

Relationships Rights and Legal Pluralism
Relationships Rights and Legal Pluralism

Author: Mateusz Stępień

Publisher: Taylor & Francis

Published: 2024-08-01

Total Pages: 228

ISBN-13: 1040100953

DOWNLOAD EBOOK

This interdisciplinary book brings together leading social and legal scholars to tackle the incompatibility of marriage laws with contemporary social reality in Europe. Their critique is based on the assumption that individuals should be able to choose how they organise their close relationships. The contributors emphasise the importance of pluralism of beliefs, values, cultures, and lifestyles and the consequent need for legal recognition to make individuals' private choices valid and respected. The first part of the book establishes the foundation for the subsequent chapters by exploring the advantages and challenges of focusing on values while accommodating relationship design plurality, the impact of the European Court of Human Rights on the issue, and the transformation of the institution of marriage. The second part presents different legal responses to non-state marriages, particularly religious marriages among Muslim communities, and proposals for reform. The third part of the book features empirical research on the marital experiences of two communities: Muslims and migrants. The chapters concentrate on polygyny among female converts to Islam, the importance of religious knowledge for practising Muslim women in securing rights in their marital relationships, transnational and interreligious marriages, and the impact of acculturative orientation and position in the dual labour market on the choice of life partner among Polish migrant women. The book will be of interest to academics, researchers, and policymakers working in the areas of human rights law, family law, legal anthropology, law and religion, socio-legal studies, feminism and queer studies, and sociology of family.