Restorative Justice in India

Restorative Justice in India
Author: R. Thilagaraj
Publisher: Springer
Total Pages: 202
Release: 2017-07-04
Genre: Social Science
ISBN: 3319476599

This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University

Crime And Punishment In Ancient India

Crime And Punishment In Ancient India
Author:
Publisher: Abhinav Publications
Total Pages: 200
Release: 1977
Genre: Crime
ISBN: 9788170170549

This Study Is An Attempt To Focus Attention On That Aspect Of Society Which Arises Out Of Disobedience Of Established Norms And Rules Invoking Widespread Moral Indignation, Strain, Stress And Tension That Calls For Deterrents. Geographically The Study Is Chiefly Confined To Northern India While The Main Emphasis Is On A Specified Time Period Of History. The Work Is Divided Into Six Chapters. The First Chapter Deals With Source Materials And Their Respective Values. The Chapter On Crime Offers A Glimpse Of Various Crimes Prevalent During The Period From Petty Breaches Of Laws To Grave Offences Against Society And State. The Chapter On Punishment Notes The Nature And Modes Of Punishment And Remissions Of Punishment Under Prescribed Conditions. The Chapter On Police Organisation Deals With The Various Measures Employed By Police Administration To Detect Control And Prevent Crimes And The Role Of Different Officials In The Hierarchy. The Chapter On Judicial Administration Is A Survey Of The Factors Involved In The Intellectual Procedure By Which Judges Could Arrive At Decisions And Various Procedures Adopted Therefor. The Concluding Chapter Discusses Sources Of Hindu Law And Notes That Application And Interpretation Of Law Is Subject To Adjustment With Cycles Of Time And Political Changes, Which Determine The Social Attitude To Crime-Punishment Forms And Relations, Though Law Remains, Unchanged In Essence.

King, Governance, and Law in Ancient India

King, Governance, and Law in Ancient India
Author: Kauṭalya
Publisher: Oxford University Press
Total Pages: 785
Release: 2013-01-31
Genre: Biography & Autobiography
ISBN: 0199891826

King, Governance, and Law in Ancient India presents an English translation of Kautilya's Arthashastra (AS.) along with detailed endnotes. When it was discovered in 1923, the Arthashastra was described as perhaps the most precious work in the whole range of Sanskrit literature, an assessment that still rings true. This new translation of this significant text, the first in close to half a century takes into account a number of important advances in our knowledge of the texts, inscriptions, and archeological and art historical remains from the period in Indian history to which the AS. belongs (2nd-3rd century CE, although parts of it may be much older). The text is what we would today call a scientific treatise. It codifies a body of knowledge handed down in expert traditions. It is specifically interested in two things: first, how a king can expand his territory, keep enemies at bay, enhance his external power, and amass riches; second, how a king can best organize his state bureaucracy to consolidate his internal power, to suppress internal enemies, to expand the economy, to enhance his treasury through taxes, duties, and entrepreneurial activities, to keep law and order, and to settle disputes among his subjects. The book is accordingly divided into two sections: the first encompassing Books 1-5 deals with internal matters, and the second spanning Books 6-14 deals with external relations and warfare. The AS. stands alone: there is nothing like it before it and there is nothing after it-if there were other textual productions within that genre they are now irretrievably lost. Even though we know of many authors who preceded Kautilya, none of their works have survived the success of the AS. Being "textually" unique makes it difficult to understand and interpret difficult passages and terms; we cannot look to parallels for help. The AS. is also unique in that, first, it covers such a vast variety of topics and, second, it presents in textual form expert traditions in numerous areas of human and social endeavors that were handed down orally. Expert knowledge in diverse fields communicated orally from teacher to pupil, from father to son, is here for the first time codified in text. These fields include: building practices of houses, forts, and cities; gems and gemology; metals and metallurgy; mining, forestry and forest management; agriculture; manufacture of liquor; animal husbandry, shipping, and the management of horses and elephants- and so on. Finally, it is also unique in presenting a viewpoint distinctly different from the Brahmanical "party line" we see in most ancient Indian documents.

Routledge Handbook of South Asian Criminology

Routledge Handbook of South Asian Criminology
Author: K. Jaishankar
Publisher: Routledge
Total Pages: 484
Release: 2019-08-01
Genre: Computers
ISBN: 1000300889

Although the literature and cultural practices of the South Asian region demonstrate a rich understanding of criminology, this handbook is the first to focus on crime, criminal justice, and victimization in Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka. South Asia’s rapid growth in population and economy continues to introduce transformations in social behaviors, including those related to criminality and victimization. Readers of this handbook will gain a comprehensive look at criminology, criminal justice, and victimology in the South Asian region, including processes, historical perspectives, politics, policies, and victimization. This collection of chapters penned by scholars from all eight of the South Asian nations, as well as the US, UK, Australia, and Belgium, will advance the study and practice of criminology in the South Asian region and carry implications for other regions. The Routledge Handbook of South Asian Criminology provides a wealth of information on criminological issues and their effect on the countries and governments’ efforts to mitigate them. It is essential reading for students and scholars of South Asian criminology, criminal justice, and politics.

Criminal Justice in Ancient India

Criminal Justice in Ancient India
Author: Haripada Chakraborti
Publisher:
Total Pages: 0
Release: 1996
Genre: Law
ISBN: 9788185616216

The richness of Indian culture has left its stamp in all institutions designed by the mind of ancient India, and the judicial system formulated by ancient India is no exception to this general rule. Ancient India employs the term 'Dharma' to signify the concept of law, and this law is comprehensive in character in as much as it brings under its orbit not only the laws of physical science, but also social laws, which the experience, wisdom and intuition of highly developed personalities could discover as unalternable. Though the body of laws or 'Dharma' was traditional in character and from that point of view could not be altered by direct changes introduced by the State, yet law was continuously being made by the judges through interpretation. The institution of justice depended much on the part played by the jury and the jury was appointed from members of the society having proven character and command over law. All cares were taken to keep the judiciary free from the influence of the monarch and other powers of vested interest. The procedure of criminal law was equally significant. No one was exempted from punishment and it was also prescribed that if persons of a responsible position and social status and officers in the administration commit an offence they were required to undergo punishment more severe than that meted out to an ordinary citizen committing the same offence.Though ancient India had stated much about criminal justice and judiciary system, no author has as yet made an attempt to collect all the available materials from ancient Indian texts and give a comprehensive and exhaustive treatment of the system of administration of criminal justice as prevalent in ancient India. Starting from an analysis of the evolution of law and kingship, as recorded in Ancient Indian smrti texts, the epics and the puranas. Dr. Chakraborty has proceeded to expound the theory that was floated by ancient India- the theory that the king was considered to be the fountain head of justice. A detailed treatment of different stages of trail has found place in this work enhancing its value as a source book. Different types of evidences such as document, witness and conduct has been analysed.The author has shown how ancient India did formulate a clear-cut definition of Crime beginning from defamation and ending with criminal assault and murder and prescribed appropriate punishments for those crimes.

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia
Author: Nelson F. Kofie
Publisher:
Total Pages: 288
Release: 2021-08-09
Genre:
ISBN: 9781668434895

"This book delves into issued of 'Civil justice' which refers to that part of a legal system that is concerned with the legal relations between people (including 'legal persons') as distinct from 'criminal justice' i.e. that part of the legal system concerned with actions by the state against people and looks at contracts, personal injury, property and the breakdown of family relations as familiar examples of civil disputes"--

Dharma

Dharma
Author: Patrick Olivelle
Publisher: Motilal Banarsidass
Total Pages: 501
Release: 2009-01-01
Genre: Religion
ISBN: 8120833384

This is the first scholarly book devoted to the study of the term dharma with in the broad scope of Indian cultural and religious history. Most generalizations about Indian culture and religion upon close scrutiny turn out to be inaccurate. An exception undoubtedly is the term dharma. This term and the notions underlying it clearly constitute the most central feature of Indian civilization down the centuries, irrespective of linguistic, sectarian, or regional differences. The nineteen papers included in this collection deal with many significant historical manifestations of the term dharma. These studies by some of the leading scholars in the respective fields will both present a more nuanced picture of the semantic history of dharma by putting contours onto the flat landscape we have inherited and spur further studies of this concept so central for understanding the cultural history of the Indian subcontinent.

Justice in Extreme Cases

Justice in Extreme Cases
Author: Darryl Robinson
Publisher: Cambridge University Press
Total Pages: 327
Release: 2020-12-17
Genre: Law
ISBN: 1009028286

In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.