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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.
Legal Pluralism and Governance in South Asia and Diasporas
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 borde...
Guantánamo and Beyond
This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.
Encyclopedia of Law and Society
Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.
Asian Courts in Context
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
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.
Religion, Extremism and Violence in South Asia
This book sheds light on religiously motivated extremism and violence in South Asia, a phenomenon which ostensibly poses critical and unique challenges to the peace, security and governance not only of the region, but also of the world at large. The book is distinctive in-so-far as it reexamines conventional wisdom held about religious extremism in South Asia and departs from the literature which centres its analyses on Islamic militancy based on the questions and assumptions of the West’s ‘war on terror’. This volume also offers a comprehensive analysis of new extremist movements and how their emergence and success places existing theoretical frameworks in the study of religious extre...
Krishna and Mediation
The Book Krishna and Mediation is a humble attempt by the author to go back into the history and look at the institution of mediation in India. The Book is not written as a legal treatise. It is written from the point of view of layman and to understand how meditation prevailed in India from ancient time to settle disputes and bring peace and harmony to the society. Though the institution of mediation could be traced back to Vedic period; and Treta Yuga, where it was invoked to avert war between Rama and Ravana, the focus however, has been made on Krishna doing mediation in Dwapar Yuga. The reason for doing so is that Krishna has been considered as Lord of the Universe; and when the Lord of ...
Comparative and Transnational Dispute Resolution
This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.
