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Showing posts with label India. Show all posts
Showing posts with label India. Show all posts

21 December 2020

BOOK: Geetanjali SRIKANTAN, Identifying and Regulating Religion in India. Law, History and the Place of Worship (Cambridge: University Press, 2020). ISBN: 9781108840538, pp.258, £ 85.00

(Source: CUP)

ABOUT THE BOOK

Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. This book investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents.

ABOUT THE AUTHOR

Geetanjali Srikantan teaches global legal history in the Department of Public Law and Governance, Tilburg Law School at Tilburg University. She holds law degrees from the National Law School of India, Bangalore and the University of Warwick, UK.


More information and table of contents with the publisher.

12 March 2015

ARTICLE: Timothy Lubin on "Hinduism and Law" (Legal History e-journal, Vol. 19, n. 29, 12 March 2015)


Timothy Lubin (Washington and Lee University, Washington and Lee University - School of Law) on "Hinduism and LawHinduism in India: Modern and Contemporary Movements, edited by Will Sweetman and Aditya Malik", 

Legal History e-journal, Vol. 19, n. 29, 12 March 2015. All information here

Abstract:
Beginning with a review of the interaction between religion and law in premodern periods, this essay presents in more detail the complex developments since the seventeenth century up to the present day. This includes the creation of ‘Anglo-Hindu’ law, colonial administration of justice (including the legal treatment of disapproved Hindu practices), and the gradual restriction of Hindu law to matters of family law; legal treatment of Hindus and Hindu institutions under secular law in modern India and Nepal; and Hindu religion under modern secular law outside of South Asia. Throughout, the emphasis is on the fruits of research in the last thirty years or so, especially current developments.

04 February 2015

ARTICLE: "The Evolution of Corporate Law in Post-Colonial India: From Transplant to Autochthony", by Umakanth Varottil

Umakanth Varottil (National University of Singapore (NUS) - Faculty of Law), The Evolution of Corporate Law in Post-Colonial India: From Transplant to Autochthony

LEGAL HISTORY eJOURNAL
Vol. 19, No. 13: Feb 3, 2015
abstract

The essential thesis of this paper is that while Indian corporate law began as a legal transplant from England, it has been progressively decoupled from its source with subsequent amendments and reforms being focused either on finding solutions to local problems or borrowing from other jurisdictions. To that extent, decolonization has had a significant effect of radically altering the course of Indian corporate law. Current Indian corporate law not only represents a significant departure from its colonial origins, but the divergence between Indian law and English law as they have developed since independence has been increasing. While the Indian lawmaking process indulged in close cross-referencing of English legal provisions during the colonial period and immediately thereafter, the more contemporary legislative reforms pay scant regard to corporate law in the origin country that initially shaped Indian corporate law.