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Beyond Common Knowledge
An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?
Hinduism and Law
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.
In Litigation
This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.
The Indian Legal Profession in the Age of Globalization
This book provides a comprehensive analysis of the impact of globalization on the legal profession in India.
Asian Courts in Context
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
The Politicization of Safety
A look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shapi...
Constitutionalism of the Global South
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
An Unholy Brew
The first comprehensive book on alcohol in pre-modern India, An Unholy Brew: Alcohol in Indian History and Religions uses a wide range of sources from the Vedas to the Kamasutra to explore drinks and styles of drinking, as well as rationales for abstinence from the earliest Sanskrit written records through the second millennium CE. Books about the global history of alcohol almost never give attention to India. But a wide range of texts provide plenty of evidence that there was a thriving culture of drinking in ancient and medieval India, from public carousing at the brewery and drinking house to imbibing at festivals and weddings. There was also an elite drinking culture depicted in poetic t...
Martin Luther King Jr. and the Morality of Legal Practice
Explores how Martin Luther King, Jr built his advocacy on moral claims of love, justice and human nature.
Love in the Time of Scholarship
Love in the Time of Scholarship concerns the history of scholarly life in precolonial India, revealing the ways that popular religious movements from the wider world infiltrated and shaped scholarship produced in elite traditions of learning. Author Anand Venkatkrishnan shows how specific religious traditions, in their very local, regional incarnations, influenced scholarly work in unexpected ways.
