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Religion and Personal Law in Secular India – A Call to Judgment

Autor Gerald James Larson
en Limba Engleză Paperback – 27 noi 2001
Though mandated by the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law--the segment of law which concerns marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance--individuals of different religious backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice.
Themes such as the extent and jurisdiction of civil laws, the relationship between religious law and a system of personal law, the desirability of a uniform civil code, the treatment of women and minorities under a single law, and the maintenance of religious pluralism in India, are explored in 16 thought-provoking essays. Scholars representing a wide range of disciplines, from both North America and India, provide a unique comparative perspective on complex issues of multiculturalism that characterise Indian society and identities. Readers seeking deeper understandings of Indian history and culture will find a sensitive handling of the tensions between religious law and the claims of a modern, secular state in this timely volume.
Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.
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Specificații

ISBN-13: 9780253214805
ISBN-10: 0253214807
Pagini: 376
Dimensiuni: 155 x 234 x 29 mm
Greutate: 0.57 kg
Editura: MH – Indiana University Press

Cuprins

Table of Contents:
Introduction: The Secular State in a Religious Society Gerald James Larson
Part The Secular State and Legal Pluralism: The Current Debate and Its Historical Antecedents
Religion, Personal Law and Identity Granville Austin; Religious Minorities and the Law Ruma Pal; Living with Difference in India: Legal Pluralism and Legal Universalism in Historical Context Susanne Hoeber Rudolph and Lloyd I. Rudolph
Part 2 Religious Endowments, Reservations Law, and Criminal Law
Religious and Charitable Endowments and a Uniform Civil Code John H. Mansfield; Personal Law and Reservations: Volition and Religion in Contemporary India Laura Dudley Jenkins; The Uniform Civil Code Debate: Lessons from the Criminal Procedures Arvind Verma
Part 3 Personal Law and Issues of Gender
Gender Implications for a Uniform Civil Code Robert D. Baird; The Personal and the Political: Indian Women and Inheritance Law Srimati Basu; Colonialism, Nationalism, and Gendered Legal Subjectivities: Observations on the Historical Destruction of Separate Legal Regimes Kunal M. Parker; Who Was Roop Kanwar? Sati, Law, Religion, and Post-Colonial Feminism in Contemporary India Paul Courtright and Namita Goswami; "Where Will She Go? What Will She Do?" Paternalism towards Women in the Administration of Muslim Family Law in Contemporary India Sylvia Vatuk
Part 4 Cross-Cultural Perspectives
Affirmative Action in the United States and the Reservation System in India: Some Comparative Perspectives Kevin Brown; Personal Law Systems and Religious Conflict: A Comparison of India and Israel Marc Galanter and Jayanth Krishnan; The Road to Xanadu: India's Quest for Secularism Rajeev Dhavan

Descriere

A multidisciplinary exploration of the major challenges for religion and law in India today