Legal Pluralism and Governance in South Asia and Diasporas

Author: Livia Holden
Publisher: Routledge
ISBN: 1317607295
Format: PDF
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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.

Lived Experiences of Women in Academia

Author: Alison L. Black
Publisher: Routledge
ISBN: 1351376500
Format: PDF, ePub, Docs
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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

The Palgrave Handbook of State Sponsored History After 1945

Author: Berber Bevernage
Publisher: Springer
ISBN: 1349953067
Format: PDF
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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.

Comparative Law in a Global Context

Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Format: PDF, Kindle
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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.

Cultural Expertise and Litigation

Author: Livia Holden
Publisher: Routledge
ISBN: 1136735224
Format: PDF, Kindle
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Cultural Expertise and Litigation addresses the issues surrounding the legal role of social scientists that provide evidence in cases related to minority groups and migration.

Downwardly Global

Author: Lalaie Ameeriar
Publisher: Duke University Press
ISBN: 0822373408
Format: PDF, ePub
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In Downwardly Global Lalaie Ameeriar examines the transnational labor migration of Pakistani women to Toronto. Despite being trained professionals in fields including engineering, law, medicine, and education, they experience high levels of unemployment and poverty. Rather than addressing this downward mobility as the result of bureaucratic failures, in practice their unemployment is treated as a problem of culture and racialized bodily difference. In Toronto, a city that prides itself on multicultural inclusion, women are subjected to two distinct cultural contexts revealing that integration in Canada represents not the erasure of all differences, but the celebration of some differences and the eradication of others. Downwardly Global juxtaposes the experiences of these women in state-funded unemployment workshops, where they are instructed not to smell like Indian food or wear ethnic clothing, with their experiences at cultural festivals in which they are encouraged to promote these same differences. This form of multiculturalism, Ameeriar reveals, privileges whiteness while using race, gender, and cultural difference as a scapegoat for the failures of Canadian neoliberal policies.

Hindu Divorce

Author: Livia Holden
Publisher: Routledge
ISBN: 1317121902
Format: PDF, Docs
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This comparative study investigates the place of Hindu divorce in the Indian legal system and considers whether it offers a way out of a matrimonial crisis situation for women. Using the narratives of the social actors involved, it poses questions about the relationship between traditional jurisdictions located in rural areas and the larger legal culture of towns and cities in India, and also in the UK and USA. The multidisciplinary approach draws on research from the social sciences, feminist and legal studies and will be of interest to students and scholars of law, anthropology and sociology.

Law and Identity in Colonial South Asia

Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1139868063
Format: PDF, Mobi
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This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

Family Religion and Law

Author: Prakash Shah
Publisher: Routledge
ISBN: 1317136489
Format: PDF, Kindle
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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.

Women and Shari a Law

Author: Elham Manea
Publisher: I.B.Tauris
ISBN: 1786720221
Format: PDF
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Should shari‘a law be introduced into the British legal system? Elham Manea explores this question as a human rights activist and Arab scholar who identifies herself as Muslim. In response to recent media controversy and public debate about legal pluralism and multiculturalism, Manea argues against what she identifies as the growing tendency for people to be treated as 'homogenous groups' in Western academic discourse, rather than as individuals with authentic voices. Building on her knowledge of the situation for women in Middle Eastern and Islamic countries, she undertakes first-hand analysis of the Islamic shari‘a councils and Muslim arbitration tribunals in various British cities.