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Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to a...
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the "war on terror" forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States--two common-law based constitutional democracies--to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of to...
This title explores the legal role of torture and other violence as it was used in colonial ruling. It rigorously attempts to theorize the nature of this violence, including its materiality and its effects on the bodies of the colonized, and those who perpetrated it. This book provides a full examination of the history of torture in colonial India.
The first systematic analysis of the effectiveness of torture prevention.
India's over 200 million Dalits, once called "untouchables," have been mobilized by social movements and political parties, but the outcomes of this mobilization are puzzling. Dalits' ethnic parties have performed poorly in elections in states where movements demanding social equality have been strong while they have succeeded in states where such movements have been entirely absent or weak. In Mobilizing the Marginalized, Amit Ahuja demonstrates that the collective action of marginalized groups--those that are historically stigmatized and disproportionately poor ED is distinct. Drawing on extensive original research conducted across four of India's largest states, he shows, for the marginalized, social mobilization undermines the bloc voting their ethnic parties' rely on for electoral triumph and increases multi-ethnic political parties' competition for marginalized votes. He presents evidence showing that a marginalized group gains more from participating in a social movement and dividing support among parties than from voting as a bloc for an ethnic party.
This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.
Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in t...
During the turbulent period prior to colonial India’s partition and independence, Muslim intellectuals in Hyderabad sought to secularize and reformulate their linguistic, historical, religious, and literary traditions for the sake of a newly conceived national public. Responding to the model of secular education introduced to South Asia by the British, Indian academics launched a spirited debate about the reform of Islamic education, the importance of education in the spoken languages of the country, the shape of Urdu and its past, and the significance of the histories of Islam and India for their present. The Language of Secular Islam pursues an alternative account of the political disagr...
Specters of Mother India tells the complex story of one episode that became the tipping point for an important historical transformation. The event at the center of the book is the massive international controversy that followed the 1927 publication of Mother India, an exposé written by the American journalist Katherine Mayo. Mother India provided graphic details of a variety of social ills in India, especially those related to the status of women and to the particular plight of the country’s child wives. According to Mayo, the roots of the social problems she chronicled lay in an irredeemable Hindu culture that rendered India unfit for political self-government. Mother India was reprinte...
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrati...