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.

Environmental Jurisprudence in India
Environmental Jurisprudence in India

Author: C.M. Abraham

Publisher: BRILL

Published: 2023-12-11

Total Pages: 191

ISBN-13: 9004635432

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Within the last two decades, India has not only enacted specific legislation on environmental protection but has also virtually created a new fundamental right to a clean environment in the Constitution. The models and methods adopted in the Indian context appear, at first sight, similar to those in other common law systems. Yet there are many subtle differences which have changed the structure and content of legal development in India. Indian environmental jurisprudence brings out the unique characteristics of a new legal order which has gradually been established in India. The distinguishing nature of this jurisprudence, as this book shows in detail, has three interconnected elements. First, the nature of the new Indian constitutional law regime accords greater importance to public concerns than protecting private interests. Secondly, this jurisprudential development reflects certain aspects of Indian legal culture, through implicit and explicit reliance on autochthonous values and concepts of law, encapsulated in the Indian juristic postulate of dharma. Thirdly, the emerging Indian environmental jurisprudence bears testimony to the activist role of the Indian judiciary which has also had a significant impact in many areas other than environmental law. In short, the development of environmental jurisprudence in India manifests neo-dharmic jurisprudence in postmodern public law. It accommodates ideas currently voiced by experts around the world for protecting the environment in forms modified by the Indian legal culture.

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.