Legal Pluralism and Governance in South Asia and Diasporas

Legal Pluralism and Governance in South Asia and Diasporas

This book 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 ...

Author: Livia Holden

Publisher: Routledge

ISBN: 1138812390

Category: Law

Page: 172

View: 248

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 Unofficial Law.
Categories: Law

Legal Pluralism and Governance in South Asia and Diasporas

Legal Pluralism and Governance in South Asia and Diasporas

By pointing out the ideological framework within which law is designated as state or non-state law Legal Pluralism and Governance in South Asia and in the Diasporas overcomes the impasse and shows that legal pluralism does not concern ...

Author: Livia Holden

Publisher: Routledge

ISBN: 9781317607298

Category: Law

Page: 181

View: 707

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.
Categories: Law

Concubinage Race and Law in Early Colonial Bengal

Concubinage  Race and Law in Early Colonial Bengal

Legal Pluralism and Governance in South Asia and Diasporas. London: Routledge, 2015. Hutchins, F. G. The Illusion of Permanence: British Imperialism in India. Princeton, NJ: Princeton University Press, 1967.

Author: Ruchika Sharma

Publisher: Taylor & Francis

ISBN: 9781000638684

Category: History

Page: 208

View: 815

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.
Categories: History

The Palgrave Handbook of State Sponsored History After 1945

The Palgrave Handbook of State Sponsored History After 1945

Hewlett, R. G. (1978) 'The Practice of History in the Federal Government', The Public Historian, 1(1), 29–36. Higham, J. Krieger, L. and Gilbert, ... (2016) Legal Pluralism and Governance in South Asia and Diasporas (York: Routledge).

Author: Berber Bevernage

Publisher: Springer

ISBN: 9781349953066

Category: History

Page: 877

View: 922

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.
Categories: History

Comparative Law and Multicultural Legal Classes Challenge or Opportunity

Comparative Law and Multicultural Legal Classes  Challenge or Opportunity

In: Prakash S, Menski WG (eds) Migration, diasporas and legal systems in Europe. Routledge Cavendish, London, pp 13–28 Menski WF (2013) Governance and governability in South Asian family laws and in diaspora. J Leg Pluralism Unofficial ...

Author: Csaba Varga

Publisher: Springer Nature

ISBN: 9783030468989

Category: Law

Page: 212

View: 508

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.
Categories: Law

Family Religion and Law

Family  Religion and Law

Law, religions and South Asians in diaspora, in Religious Reconstruction in the South Asian Diasporas, edited by J.R. ... Indian secular pluralism and its relevance for Europe, in Legal Practice and Cultural Diversity, R. Grillo, ...

Author: Prakash Shah

Publisher: Routledge

ISBN: 9781317136484

Category: Law

Page: 260

View: 397

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
Categories: Law

Legal Pluralism in Indonesia

Legal Pluralism in Indonesia

34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Legal Pluralism in Indonesia Bridging the unbridgeable Ratno Lukito First ... Southeast Asia Edited by Michele Ford and Lenore Lyons Justice and Governance in East Timor Indigenous approaches ...

Author: Ratno Lukito

Publisher: Routledge

ISBN: 9780415673426

Category: Law

Page: 290

View: 905

With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
Categories: Law

Marriage and Divorce in a Multi Cultural Context

Marriage and Divorce in a Multi Cultural Context

Multi-Tiered Marriage and the Boundaries of Civil Law and Religion Joel A. Nichols ... 2 Werner Menski, “Law, Religion and South Asians in Diaspora,” in Religious Reconstruction in the South Asian Diasporas: From One Generation to ...

Author: Joel A. Nichols

Publisher: Cambridge University Press

ISBN: 9781139503976

Category: Law

Page:

View: 806

American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
Categories: Law

The Australian Journal of Asian Law

The Australian Journal of Asian Law

Menski , WF ( 1993 ) ' Asian Laws in Britain and the Question of Adaptation to a New Legal Order : Asian Laws in Britain ? in M ... The Shade of New Leaves Governance in Traditional African Authority : A Southern African Perspective .

Author:

Publisher:

ISBN: STANFORD:36105063864081

Category: Asia

Page: 384

View: 750

Categories: Asia

International Handbook on Gender and Demographic Processes

International Handbook on Gender and Demographic Processes

South Asian Diaspora, 6(2), 161–171. Qureshi, K. (2016a). Marital breakdown among British Asians: Conjugality, legal pluralism and new kinship. London: Palgrave. Qureshi, K. (2016b). Shehri (city) brides between Indian Punjab and the ...

Author: Nancy E. Riley

Publisher: Springer

ISBN: 9789402412901

Category: Social Science

Page: 359

View: 773

This handbook presents a comprehensive and up-to-date overview of gender in demography, addressing the many different influences of gender that arise from or influence demographic processes. It collects in one volume the key issues and perspectives in this area, whereby demography is broadly defined. The purpose in casting a wide net is to cover the range of work being done within demography, but at the same time to open up our perspectives to neighboring fields to encourage better conversations around these issues. The chapters in this handbook carefully document definition and measurement issues, and take up parts of the demographic picture and focus on how gender plays a role in outcomes. In other cases, gender often plays a cross-cutting role in social processes; rather than having a single or easily distinguishable role, it often combines with other social institutions and even other statuses and inequalities to affect outcomes. Thus, a key factor in this volume is how gender interacts with race/ethnicity, class, nationality, and sexuality in any demographic setting. While each section contains chapters that are broad overviews of the current state of knowledge and behavior, the handbook also includes chapters that focus on specific cultures or events in order to examine how gender operates in a particular circumstance.
Categories: Social Science