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Author: Aakash Singh Rathore
Publisher: Taylor & Francis
ISBN: 1351106635
Category : Law
Languages : en
Pages : 176
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Book Description
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: Aakash Singh Rathore
Publisher: Taylor & Francis
ISBN: 1351106635
Category : Law
Languages : en
Pages : 176
Get Book Here
Book Description
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: Latika Vashist
Publisher:
ISBN: 9780190992927
Category : Law
Languages : en
Pages :
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Book Description
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: Devesh Kapur
Publisher: Oxford University Press
ISBN: 0199091285
Category : Political Science
Languages : en
Pages : 435
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Book Description
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: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9789768167286
Category : Law
Languages : en
Pages : 0
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Book Description
"This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region's constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region's political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of 'lawful devolution of sovereignty' and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a 'new constitutional discourse' shaped by a Caribbean court of final appeal. "
Author: Kalpana Kannabiran
Publisher: Routledge
ISBN: 113619875X
Category : Law
Languages : en
Pages : 521
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Book Description
In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.
Author: Aakash Singh Rathore
Publisher: Routledge
ISBN: 1315284197
Category : Social Science
Languages : en
Pages : 325
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Book Description
At present, a nativist turn in Indian political theory can be observed. There is a general assumption that the indigenous thought to which researchers are supposed to be (re)turning may somehow be immediately visible by ignoring the colonization of the mind and polity. In such a conception of svaraj (which can be translated as ‘authentic autonomy’), the tradition to be returned to would be that of the indigenous elites. In this book, this concept of svaraj is defined as a thick conception, which links it with exclusivist notions of spirituality, profound anti-modernity, exceptionalistic moralism, essentialistic nationalism and purism. However, post-independence India has borne witness to an alternative trajectory: a thin svaraj. The author puts forward a workable contemporary ideal of thin svaraj, i.e. political, and free of metaphysical commitment. The model proposed is inspired by B.R. Ambedkar's thoughts, as opposed to the thick conception found in the works of M.K. Gandhi, KC Bhattacharya and Ramachandra Gandhi. The author argues that political theorists of Indian politics continue to work with categories and concepts alien to the lived social and political experiences of India's common man, or everyday people. Consequently, he emphasises the need to decolonize Indian political theory, and rescue it from the grip of western theories, and fascination with western modes of historical analysis. The necessity to avoid both universalism and relativism and more importantly address the political predicaments of ‘the people’ is the key objective of the book, and a push for a reorientation of Indian political theory. An interesting new interpretation of a contemporary ideal of svaraj, this analysis takes into account influences from other cultures and sources as well as eschews thick conceptions that stifle imaginations and imaginaries. This book will be of interest to academics in the fields of philosophy, political science, sociology, literature and cultural studies in general and contemporary political theory, South Asian and Indian politics and political theory in particular.
Author: Darrin M. McMahon
Publisher: Oxford University Press
ISBN: 0199769230
Category : History
Languages : en
Pages : 318
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Book Description
This book is a collection of essays by leading practitioners of modern European intellectual history, reflecting on the theoretical and methodological underpinnings of the field. The essays each attempt to assess their respective disciplines, giving an account of their development and theoretical evolution, while also reflecting on current problems, challenges, and possibilities.
Author: Raymond Wacks
Publisher: Oxford University Press, USA
ISBN: 9780199272587
Category : Droit
Languages : en
Pages : 0
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Book Description
Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.
Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages : 565
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Book Description
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Author: Aakash Singh Rathore
Publisher: Routledge
ISBN: 1136704280
Category : History
Languages : en
Pages : 217
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Book Description
This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers (Ratna Kapur, G. C. Spivak, Upendra Baxi; Slavoj Žižek, Jacques Rancière), while in the middle, an American intermezzo (Richard Rorty, Wendy Brown) functions as a genuine Derridian supplement: always already contaminating the purity of the two theoretical schools, preventing their enclosure and, hence, fuelling and complicating further their mutual confrontation. As in any authentic dialogue, the introduction and the conclusion each claim victory for one of the sides by changing the very terms and rules of the dialogue, picturing it as a confrontation between emancipatory universalism and inefficient particularism (from the perspective of the post-Althusserians), or as a split between hypocrisy and truth (from the perspective of the post-colonialists).
