challenging the rules s of law colonialism criminology and human rights in india

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Challenging The Rules S Of Law

Author : Kalpana Kannabiran
ISBN : 9788132100270
Genre : Social Science
File Size : 78. 37 MB
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This rare comprehensive critique of criminology in India brings together widely respected activists, advocates, bureaucrats, scholars and practitioners who share their concerns about the Indian criminal justice system through an interdisciplinary lens and discuss the need to entrench human rights in Indian polity. It is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India contests unproblematic assumptions of the rule of law and opens out avenues for a renewed and radical study of criminal law in the country. The collection looks at the problem of criminal law from the early colonial period to the present, examining the problem of overt violence by state actors and their compliance with dominant private actors. It calls into question the denial by the state of the wherewithal for bare life, which compounds people’s vulnerability to a repressive rule of law. This work is a must read for students, researchers and faculty of Law, Criminal Law, Criminology, Legal History, Human Rights, Sociology of Law and Colonial History. It will also be invaluable for law historians, legal scholars and policy makers, especially the judiciary.

Challenging The Rule S Of Law

Author : Kalpana Kannabirān
ISBN : 8132112385
Genre : Crime
File Size : 51. 15 MB
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This book re-examines the field of criminology through an interdisciplinary lens, challenging in the process unproblematic assumptions of the rule of law and opening out avenues for a renewed and radical restatement of the contexts of criminal law in India.

Mr Mothercountry

Author : Keally McBride
ISBN : 9780190252991
Genre : History
File Size : 38. 64 MB
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Today, every continent retains elements of the legal code distributed by the British empire. The British empire created a legal footprint along with political, economic, cultural and racial ones. One of the central problems of political theory is the insurmountable gap between ideas and their realization. Keally McBride argues that understanding the presently fraught state of the concept of the rule of law around the globe relies upon understanding how it was first introduced and then practiced through colonial administration--as well as unraveling the ideas and practices of those who instituted it. The astonishing fact of the matter is that for thirty years, between 1814 and 1844, virtually all of the laws in the British Empire were reviewed, approved or discarded by one individual: James Stephen, disparagingly known as "Mr. Mothercountry." Virtually every single act that was passed by a colony made its way to his desk, from a levy to improve sanitation, to an officer's pay, to laws around migration and immigration, and tariffs on products. Stephen, great-grandfather of Virginia Woolf, was an ardent abolitionist, and he saw his role as a legal protector of the most dispossessed. When confronted by acts that could not be overturned by reference to British law that he found objectionable, he would make arguments in the name of the "natural law" of justice and equity. He truly believed that law could be a force for good and equity at the same time that he was frustrated by the existence of laws that he saw as abhorrent. In Mr. Mothercountry, McBride draws on original archival research of the writings of Stephen and his descendants, as well as the Macaulay family, two major lineages of legal administrators in the British colonies, to explore the gap between the ideal of the rule of law and the ways in which it was practiced and enforced. McBride does this to show that there is no way of claiming that law is always a force for good or simply an ideological cover for oppression. It is both. Her ultimate intent is to illuminate the failures of liberal notions of legality in the international sphere and to trace the power disparities and historical trajectories that have accompanied this failure. This book explores the intertwining histories of colonial power and the idea of the rule of law, in both the past and the present, and it asks what the historical legacy of British Colonialism means for how different groups view international law today.

Violence Studies

Author : Kalpana Kannabiran
ISBN : 0199464820
Genre :
File Size : 73. 62 MB
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Violence is embedded in our everyday. We encounter not only its overt, raw, and brutal nature but also the deeply buried invisible and insidious forms that normalize violence in the collective conscience, making it less noticeable and more tolerable. This volume opens out the field of violence studies with a focus on its myriad habitations and experiences in India. It interrogates the numerous ways in which omnipresent violence is interpreted and represented, and delves into the interconnections between the identifiable normative axes of power and the engendering of violence. Bringing together fresh methodological and conceptual perspectives on the way violence is understood and analysed, the contributors to this volume investigate its occurrence across sitesâlaw, family, state, gender, labour, caste, sexuality, communalism, and so onâto explore the normal as well as the exceptional. The case studies in this book are all drawn from the Indian experience. This volume aims towards a coherent and more nuanced understanding of violence that moves beyond the episodic to the systemic, structural levels of society and consciousness.

The British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722678
Genre : English literature
File Size : 25. 88 MB
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Indian National Bibliography

Author :
ISBN : UCBK:C094319375
Genre : India
File Size : 81. 44 MB
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The Indian National Bibliography

Author :
ISBN : UIUC:30112081535392
Genre : India
File Size : 63. 77 MB
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Tools Of Justice

Author : Kalpana Kannabiran
ISBN : 9781136198755
Genre : Law
File Size : 78. 37 MB
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In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Women And Law

Author : Kalpana Kannabiran
ISBN : 9788132118220
Genre : Social Science
File Size : 83. 59 MB
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How should we approach the problem of “women and law”? Should the focus be on women-centred laws and their efficacy? Or should the focus be, instead, on the ways in which the law imagines women and the ways in which women have engaged with the law—spilling beyond fields traditionally associated with the phrase “women and law”? And how does violence figure in all these? Women and Law, a compilation of 11 insightful essays, examines these questions and a range of concerns—domestic violence, employment and labour, anti-discrimination jurisprudence, family laws, access to forest and land rights, the right to health, the complexities in the intersection of women’s rights with disability rights and women’s experiences of repressive legislation such as TADA. This volume attempts at a fresh mapping of the field of women and law from an interdisciplinary perspective and presents the work of activists, lawyers and scholars in conversation.

Re Presenting Feminist Methodologies

Author : Kalpana Kannabiran
ISBN : 9781351799263
Genre : Social Science
File Size : 26. 56 MB
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This book tracks the trajectory of gender in the social sciences and humanities through an exploration of the challenges and contradictions that confront contemporary feminist analysis as well as future directions. Drawing on research in India, the essays in the volume engage with the subject in imaginative ways, each one going beyond documenting the persistence of gender inequality, instead raising new questions and dilemmas while unravelling the complexities of the terrain. They also interrogate extant knowledge that has ‘constructed’ women as ‘agentless’ over the years, incapable of contesting or transforming social orders – by taking a close look at gendered decision-making processes and outcomes, sex for pleasure, health care practices, content and context of formal schooling or the developmental state that ‘mainstreams’ gender. Do existing feminist methodologies enable the understanding of emerging themes as online sexual politics, transnational surrogacy or masculinist ‘anti-feminist’ sensibilities? The feminist methodologies delineated here will provide readers with a toolkit to assess the criticality of gender as well as its nuances. The work foregrounds the importance of intersectionality and builds a case for context-specific articulations of gender and societies that destabilize binary universals. This volume will be useful to scholars and researchers across the disciplines of the social sciences and humanities, especially gender studies, women’s studies, feminism, research methodology, education, sociology, political science and public policy.

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