Author: Livia Holden
Publisher: Routledge
ISBN: 1317607287
Category : Law
Languages : en
Pages : 295
Book Description
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.
Legal Pluralism and Governance in South Asia and Diasporas
Author: Livia Holden
Publisher: Routledge
ISBN: 1317607287
Category : Law
Languages : en
Pages : 295
Book Description
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.
Publisher: Routledge
ISBN: 1317607287
Category : Law
Languages : en
Pages : 295
Book Description
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.
Cultural Expertise, Law, and Rights
Author: Livia Holden
Publisher: Taylor & Francis
ISBN: 1000884635
Category : Law
Languages : en
Pages : 379
Book Description
Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Publisher: Taylor & Francis
ISBN: 1000884635
Category : Law
Languages : en
Pages : 379
Book Description
Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Concubinage, Race and Law in Early Colonial Bengal
Author: Ruchika Sharma
Publisher: Taylor & Francis
ISBN: 1000638685
Category : History
Languages : en
Pages : 169
Book Description
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.
Publisher: Taylor & Francis
ISBN: 1000638685
Category : History
Languages : en
Pages : 169
Book Description
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.
The Palgrave Handbook of State-Sponsored History After 1945
Author: Berber Bevernage
Publisher: Springer
ISBN: 1349953067
Category : History
Languages : en
Pages : 868
Book Description
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.
Publisher: Springer
ISBN: 1349953067
Category : History
Languages : en
Pages : 868
Book Description
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.
Lived Experiences of Women in Academia
Author: Alison L. Black
Publisher: Routledge
ISBN: 1351376500
Category : Social Science
Languages : en
Pages : 201
Book Description
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
Publisher: Routledge
ISBN: 1351376500
Category : Social Science
Languages : en
Pages : 201
Book Description
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
Gender in South Asia And Beyond
Author: Radhika Govinda
Publisher: Zubaan
ISBN: 9390514487
Category : Social Science
Languages : en
Pages : 382
Book Description
For over 40 years, Professor Patricia Jeffery, Professor Emerita in Sociology, University of Edinburgh, carried out pioneering research, individually and in partnership with her colleagues. The range of subjects she covered includes gender and development, especially childbearing, women’s reproductive rights, social demography in South Asia, Indian society, gender and communal politics, education and the reproduction of inequality; race and ethnicity. Her books, including Frogs in a Well: Indian Women in Purdah (1979) and Appropriating Gender: Women’s Activism, Politicized Religion and the State in South Asia (edited with Amrita Basu, 1998) inspired peers and future scholars alike. In this volume, we bring together a range of new research that is inspired by and intersects with Professor Jeffery’s work. The chapters offer new data, refreshing insights and original analysis on subjects of contemporary importance in the fields of gender, health, marginalization and development.
Publisher: Zubaan
ISBN: 9390514487
Category : Social Science
Languages : en
Pages : 382
Book Description
For over 40 years, Professor Patricia Jeffery, Professor Emerita in Sociology, University of Edinburgh, carried out pioneering research, individually and in partnership with her colleagues. The range of subjects she covered includes gender and development, especially childbearing, women’s reproductive rights, social demography in South Asia, Indian society, gender and communal politics, education and the reproduction of inequality; race and ethnicity. Her books, including Frogs in a Well: Indian Women in Purdah (1979) and Appropriating Gender: Women’s Activism, Politicized Religion and the State in South Asia (edited with Amrita Basu, 1998) inspired peers and future scholars alike. In this volume, we bring together a range of new research that is inspired by and intersects with Professor Jeffery’s work. The chapters offer new data, refreshing insights and original analysis on subjects of contemporary importance in the fields of gender, health, marginalization and development.
'Muslim Woman'/Muslim women
Author: Patricia Jeffery
Publisher: Taylor & Francis
ISBN: 1040257208
Category : Social Science
Languages : en
Pages : 191
Book Description
This book addresses South Asian Muslim women’s lived experiences, whilst questioning dominant concepts of agency. Negative, homogenising constructions of the ‘Muslim Woman’ are not the result of a knowledge deficit, but constitutive of Euro-American and Hindu nationalist forms of civilizational self-assurance. Portraying the richness and diversity of Muslim women’s voices and agency cannot, therefore, rectify discourses casting Muslim women as invisible or silent, so long as the vision of agency is shackled to dominant feminist precepts. Mindful of this problem, the book examines Muslim women’s legal agency with respect to the family, their claims-making upon the state, livelihoods, and the impact of male outmigration on ‘left-behind’ wives. Working across these domains of everyday life, contributors highlight how women’s vulnerabilities within their families dovetail with oppressions experienced in the local state, the labour market, and in the streets. Women’s economic locations continue to shape their agency in crucial ways, with upward mobility often entailing greater restrictions on women’s mobility and independence; yet the chapters caution against romanticising the ironic independence of poverty. Collectively, this volume showcases Muslim’s women’s diverse identities and desires that may be sidelined in dominant concepts of agency. This book will be beneficial for scholars and students of South Asian Studies interested in gender justice, politics and the intersection of religion, culture, and identity. The chapters in this book were originally published as a special issue of Contemporary South Asia.
Publisher: Taylor & Francis
ISBN: 1040257208
Category : Social Science
Languages : en
Pages : 191
Book Description
This book addresses South Asian Muslim women’s lived experiences, whilst questioning dominant concepts of agency. Negative, homogenising constructions of the ‘Muslim Woman’ are not the result of a knowledge deficit, but constitutive of Euro-American and Hindu nationalist forms of civilizational self-assurance. Portraying the richness and diversity of Muslim women’s voices and agency cannot, therefore, rectify discourses casting Muslim women as invisible or silent, so long as the vision of agency is shackled to dominant feminist precepts. Mindful of this problem, the book examines Muslim women’s legal agency with respect to the family, their claims-making upon the state, livelihoods, and the impact of male outmigration on ‘left-behind’ wives. Working across these domains of everyday life, contributors highlight how women’s vulnerabilities within their families dovetail with oppressions experienced in the local state, the labour market, and in the streets. Women’s economic locations continue to shape their agency in crucial ways, with upward mobility often entailing greater restrictions on women’s mobility and independence; yet the chapters caution against romanticising the ironic independence of poverty. Collectively, this volume showcases Muslim’s women’s diverse identities and desires that may be sidelined in dominant concepts of agency. This book will be beneficial for scholars and students of South Asian Studies interested in gender justice, politics and the intersection of religion, culture, and identity. The chapters in this book were originally published as a special issue of Contemporary South Asia.
Cultural Expertise
Author: Livia Holden
Publisher: MDPI
ISBN: 3039280503
Category : Social Science
Languages : en
Pages : 94
Book Description
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
Publisher: MDPI
ISBN: 3039280503
Category : Social Science
Languages : en
Pages : 94
Book Description
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
Muslim Women between Community and Individual Rights
Author: Fatima Mukaddam
Publisher: Springer Nature
ISBN: 3031546148
Category :
Languages : en
Pages : 158
Book Description
Publisher: Springer Nature
ISBN: 3031546148
Category :
Languages : en
Pages : 158
Book Description
No Birds of Passage
Author: Michael O’Sullivan
Publisher: Harvard University Press
ISBN: 0674294963
Category : History
Languages : en
Pages : 401
Book Description
A sweeping account of three Gujarati Muslim trading communities, whose commercial success over nearly two centuries sheds new light on the history of capitalism, Islam, and empire in South Asia. During the nineteenth century, three Gujarati Muslim commercial castes—the Bohras, Khojas, and Memons—came to dominate Muslim business in South Asia. Although these communities constitute less than 1 percent of South Asia’s Muslim population, they are still disproportionately represented among the region’s leading Muslim-owned firms today. In No Birds of Passage, Michael O’Sullivan argues that the conditions enabling their success have never been understood, thanks to stereotypes—embraced equally by colonial administrators and Muslim commentators—that estrange them from their religious identity. Yet while long viewed as Hindus in all but name, or as “Westernized” Muslims who embraced colonial institutions, these groups in fact entwined economic prerogatives and religious belief in a distinctive form of Muslim capitalism. Following entrepreneurial firms from Gujarat to the Hijaz, Hong Kong, Mombasa, Rangoon, and beyond, O’Sullivan reveals the importance of kinship networks, private property, and religious obligation to their business endeavors. This paradigm of Muslim capitalism found its highest expression in the jamaats, the central caste institutions of each community, which combined South Asian, Islamicate, and European traditions of corporate life. The jamaats also played an essential role in negotiating the position of all three groups in relation to British authorities and Indian Muslim nationalists, as well as the often-sharp divisions within the castes themselves. O’Sullivan’s account sheds light on Gujarati Muslim economic life from the dawn of colonial hegemony in India to the crisis of the postcolonial state, and provides fascinating insights into the broader effects of capitalist enterprise on Muslim experience in modern South Asia.
Publisher: Harvard University Press
ISBN: 0674294963
Category : History
Languages : en
Pages : 401
Book Description
A sweeping account of three Gujarati Muslim trading communities, whose commercial success over nearly two centuries sheds new light on the history of capitalism, Islam, and empire in South Asia. During the nineteenth century, three Gujarati Muslim commercial castes—the Bohras, Khojas, and Memons—came to dominate Muslim business in South Asia. Although these communities constitute less than 1 percent of South Asia’s Muslim population, they are still disproportionately represented among the region’s leading Muslim-owned firms today. In No Birds of Passage, Michael O’Sullivan argues that the conditions enabling their success have never been understood, thanks to stereotypes—embraced equally by colonial administrators and Muslim commentators—that estrange them from their religious identity. Yet while long viewed as Hindus in all but name, or as “Westernized” Muslims who embraced colonial institutions, these groups in fact entwined economic prerogatives and religious belief in a distinctive form of Muslim capitalism. Following entrepreneurial firms from Gujarat to the Hijaz, Hong Kong, Mombasa, Rangoon, and beyond, O’Sullivan reveals the importance of kinship networks, private property, and religious obligation to their business endeavors. This paradigm of Muslim capitalism found its highest expression in the jamaats, the central caste institutions of each community, which combined South Asian, Islamicate, and European traditions of corporate life. The jamaats also played an essential role in negotiating the position of all three groups in relation to British authorities and Indian Muslim nationalists, as well as the often-sharp divisions within the castes themselves. O’Sullivan’s account sheds light on Gujarati Muslim economic life from the dawn of colonial hegemony in India to the crisis of the postcolonial state, and provides fascinating insights into the broader effects of capitalist enterprise on Muslim experience in modern South Asia.