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: 0367739437

Category: Conflict of laws

Page: 172

View: 810

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: Conflict of laws

Legal Pluralism and Governance in South Asia and Diasporas

Legal Pluralism and Governance in South Asia and Diasporas

cases involving not only South Asians but also Euro-American litigants. The following two papers focus on European South Asian diasporas and both highlight the urgency of finding ways to substantially accommodate South Asian laws in the ...

Author: Livia Holden

Publisher: Routledge

ISBN: 9781317607281

Category: Law

Page: 184

View: 889

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

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: 590

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

Lived Experiences of Women in Academia

Lived Experiences of Women in Academia

Corinna Di Niro completed her PhD in Commedia dell'Arte through the University of South Australia in 2016. She published on education ... Cultural Expertise and Litigation, and Legal Pluralism and Governance in South Asia and Diasporas.

Author: Alison L. Black

Publisher: Routledge

ISBN: 9781351376501

Category: Social Science

Page: 200

View: 500

Lived Experiences of Women in Academia shares meaningful stories of women working in the academy, from numerous disciplines, backgrounds and countries, to unveil the complex and distinct dimensionalities they experience in their life and work. Chapters are written using a range of responsive, personal and aesthetic techniques, including metaphor, manifesto and memoir, with reflections inspired by textiles, online blogs and forums, theatre, creative writing, fiction and popular culture. They engage with themes and ideas including gender roles, family-making, work-life balance, motherhood, institutional violence and harassment and the self and identity, revealing how these uniquely manifest for women in academia. This collection takes account of the experiences of female academics from previous decades and the experiences of those to come, as well as those outside the academic system entirely. Lived Experiences of Women in Academia aims to liberate thinking around the life of a female academic through collaborative storytelling and discussion, to encourage new conversations and connections between women in academia across the globe
Categories: Social Science

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: 546

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

Culture in the Domains of Law

Culture in the Domains of Law

is considered adulterous under Jewish law.15 Therefore, she is never permitted to marry that man religiously.16 Moreover, ... “Governance and Governability in South Asian Family Laws and in Diaspora” (2013) 45:1 J Leg Plur Unoff Law 42; ...

Author: René Provost

Publisher: Cambridge University Press

ISBN: 9781107163331

Category: Law

Page: 467

View: 539

This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
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: 175

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

Hinduism and Law

Hinduism and Law

“Hindus in South Asia and the Diaspora: A Survey of Human Rights 2007. ... Legal Pluralism: An Introduction to Colonial and Neo-Colonial Laws. ... The Government of India: Being a Digest of the Statute Law Relating Thereto, 3rd edn.

Author: Timothy Lubin

Publisher: Cambridge University Press

ISBN: 9781139493581

Category: Religion

Page:

View: 951

Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.
Categories: Religion

Legal Practice and Cultural Diversity

Legal Practice and Cultural Diversity

research focuses on issues of governance of religious and ethnic diversity in Europe. ... Werner Menski is Professor of South Asian Laws in the school of Law at the School of Oriental and African studies, University of London.

Author: Ralph Grillo

Publisher: Routledge

ISBN: 9781351922395

Category: Law

Page: 360

View: 559

Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.
Categories: Law