[PDF] Rethinking Indian Jurisprudence eBook

Author : Aakash Singh Rathore
Publisher : Taylor & Francis
Page : 176 pages
File Size : 30,37 MB
Release : 2018-01-29
Category : Law
ISBN : 1351106635

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What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.

Author : Hanoch Dagan
Publisher : Oxford University Press, USA
Page : 247 pages
File Size : 24,32 MB
Release : 2013-09
Category : Law
ISBN : 0199890692

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This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

Author : Hilal Ahmed
Publisher : Taylor & Francis
Page : 191 pages
File Size : 41,29 MB
Release : 2022-04-28
Category : Law
ISBN : 1000573192

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This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

Author : Karthick Ram Manoharan S Anandhi
Publisher : Orient Blackswan Pvt Limited
Page : 0 pages
File Size : 43,12 MB
Release : 2020
Category : Law
ISBN : 9789352879076

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The discourse of social justice has been much contested in India ever since the time of the Mandal Commission report. Nearly four decades on, debates on culture and identity remain strong. Rather than studying the concept of social justice in isolation, in distinct social, political or economic terms, Rethinking Social Justice offers a more transdisciplinary approach to envisioning a just society that encompasses the intersecting issues of caste, capital, nationalism, gender, region, urban planning and visual representation. Divided into five broad thematic sections Politics of Culture and Identity; Critical Social History; Nation and the Region; Political Economy; and Cinema and Society this volume brings together perspectives from across disciplines to rethink the question of social justice, in the process opening up a view of the panorama of Indian politics. This collection is an homage to M. S. S. Pandian who, through his writings on political economy, Dravidian politics, film studies, and social and intellectual history, interrogated questions of caste, identity and cultural elitism in his broader quest for social justice. In this volume, eminent scholars friends and colleagues of Pandian enter into a dialogue with Pandian s life-work, cut short by his untimely demise in 2014. They build upon his legacy to not only critically evaluate politics and society, but also subject mainstream culture to an equally critical evaluation. Social scientists, activists, journalists, policymakers and film critics will find immense value in this insightful collection of essays.

Author : Devesh Kapur
Publisher : Oxford University Press
Page : 435 pages
File Size : 23,87 MB
Release : 2018-02-16
Category : Political Science
ISBN : 0199091285

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While a growing private sector and a vibrant civil society can help compensate for the shortcomings of India’s public sector, the state is—and will remain—indispensable in delivering basic governance. In Rethinking Public Institutions in India, distinguished political and economic thinkers critically assess a diverse array of India’s core federal institutions, from the Supreme Court and Parliament to the Election Commission and the civil services. Relying on interdisciplinary approaches and decades of practitioner experience, this volume interrogates the capacity of India’s public sector to navigate the far-reaching transformations the country is experiencing. An insightful introduction to the functioning of Indian democracy, it offers a roadmap for carrying out fundamental reforms that will be necessary for India to build a reinvigorated state for the twenty-first century.

Author : Latika Vashist
Publisher :
Page : pages
File Size : 35,86 MB
Release : 2020
Category : Law
ISBN : 9780190992927

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Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this text re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other.

Author : Devi Dayal Aggarwal
Publisher : Gyan Publishing House
Page : 290 pages
File Size : 37,39 MB
Release : 2002
Category : Law
ISBN : 9788178351087

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PART-I VEDIC PERIOD1. System of Governance in Vedic Period 2. Hindu Law and Dharma 3. The Contents of Ancient Literature: Smritis andArthashastra 4. Provisions of Law in Smritis and Mitakshara PART-II HINDU PERIOD5. Awarding of Punishment and Procedure ofJurisprudence6. Civil and Criminal Cases According to the SmritisPART -Ill MOHAMMEDAN PERIOD7. Islamic Jurisprudence 8. Application of Mohammedan Law during Muslim Rulein India 9. Application of Mohammedan Law in India 10. Administration of Hindu Law during the Muslim Period 11. Village Panchayats for Administration of Hindu Lawduring the Muhammedan PeriodPART-IV BRITISH PERIOD12. 'British System of Administering Justice13. Development of Legal History during the BritishAdministration14. Constitutional Development in IndiaBibliographyIndex