Disputes and Arguments Amongst Nomads

Disputes and Arguments Amongst Nomads
Author: Robert M. Hayden
Publisher:
Total Pages: 198
Release: 1999
Genre: Law
ISBN:

This Book Provides The First Ever Detailed Ethnography Of A Caste Panchayat-That Of A Non-Literate Telugu Speaking Caste Of Maharashtra.

Negotiating Territoriality

Negotiating Territoriality
Author: Allan Charles Dawson
Publisher: Routledge
Total Pages: 270
Release: 2014-07-11
Genre: Social Science
ISBN: 1317800540

This edited collection disrupts dominant narratives about space, states, and borders, bringing comparative ethnographic and geographic scholarship in conversation with one another to illuminate the varied ways in which space becomes socialized via political, economic, and cognitive appropriation. Societies must, first and foremost, do more than wrangle over ownership and land rights — they must dwell in space. Yet, historically the interactions between the state’s territorial imperative with previous forms of landscape management have unfolded in a variety of ways, including top-down imposition, resistance, and negotiation between local and external actors. These interactions have resulted in hybrid forms of territoriality, and are often fraught with fundamentally different perceptions of landscape. This book foregrounds these experiences and draws attention to situations in which different social constructions of space and territory coincide, collide, or overlap. Each ethnographic case in this volume presents forms of territoriality that are contingent upon contested histories, politics, landscape, the presence or absence of local heterogeneity and the involvement of multiple external actors with differing motivations — ultimately all resulting in the potential for conflict or collaboration and divergent implications for conceptions of community, autochthony and identity.

Conflict, Negotiations and Natural Resource Management

Conflict, Negotiations and Natural Resource Management
Author: Maarten Bavinck
Publisher: Routledge
Total Pages: 215
Release: 2014-10-17
Genre: Business & Economics
ISBN: 1135048991

Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.

Strengthening Governance through Access to Justice

Strengthening Governance through Access to Justice
Author: AMITA SINGH
Publisher: PHI Learning Pvt. Ltd.
Total Pages: 184
Release: 2008-12-04
Genre: Political Science
ISBN: 8120336976

This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. This book highlights the growing need for restorative justice as against retributive and thus emphasizes a more intensive action research in alternative dispute resolution systems (ADRs). This argument is further developed to assess the competence of many people’s led informal institutions of judiciary such as Saalish in Bangladesh, Jirgas in Pakistan or Lok Adalats in India. The book is also radical in its approach towards the use of alternative dispute resolution systems to support marginalized communities, including women in distress, through mediation and arbitration which are gaining a new intellectual space in justice discourse. This book is an indispensable guide to administrators, and social scientists interested in governance and legal research. It would also be useful for those working in the non-state sector of pro-poor reforms.

Normative Pluralism and Human Rights

Normative Pluralism and Human Rights
Author: Kyriaki Topidi
Publisher: Routledge
Total Pages: 346
Release: 2018-06-13
Genre: Law
ISBN: 1351676490

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Beyond Common Knowledge

Beyond Common Knowledge
Author: Erik Gilbert Jensen
Publisher: Stanford University Press
Total Pages: 456
Release: 2003
Genre: Law
ISBN: 9780804748032

An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?

Handbook of Decentralised Governance and Development in India

Handbook of Decentralised Governance and Development in India
Author: D. Rajasekhar
Publisher: Taylor & Francis
Total Pages: 319
Release: 2021-08-23
Genre: Political Science
ISBN: 1000425347

This handbook examines 25 years of decentralised governance and development in India. It provides a historical overview of developments since the introduction of decentralisation reforms (73rd and 74th Constitutional Amendment Acts) and critically assesses the measures initiated to strengthen decentralised institutions and deepen grassroots democracy. It also discusses the status of service delivery and identifies the issues and challenges involved in achieving development at the local level. The volume studies themes such as the devolution of powers in India, administrative and fiscal decentralisation, decentralised planning, Panchayats in scheduled areas, the sociological aspects of decentralisation, caste, gender and local democracy, capacity building, ICT for local governance, urban local governance, workfare and decentralisation, and decentralised natural resource management. It also looks at Panchayati Raj institutions from a Gandhian perspective. The first of its kind, this handbook will be an essential read for scholars and researchers of decentralisation and development, development studies, fiscal decentralisation, political studies, political sociology, Indian politics, Indian government, public policy and governance, political economy, South Asian studies, and South Asian politics.

Human Rights and Legal Pluralism

Human Rights and Legal Pluralism
Author: Yüksel Sezgin
Publisher: LIT Verlag Münster
Total Pages: 203
Release: 2011
Genre: Law
ISBN: 3643999054

'Human Rights and Legal Pluralism' opens with an article on how to integrate human rights into customary and religious legal systems generally before looking at a 'tribal' women's forum in South Rajastan, customary justice in Sierra Leone, indigenous justice systems in Latin America and deep legal pluralism in South Africa.

Bangladeshi Literature in English

Bangladeshi Literature in English
Author: Mohammad A. Quayum
Publisher: Taylor & Francis
Total Pages: 123
Release: 2024-02-22
Genre: Literary Collections
ISBN: 1003859321

This pioneering book brings together several critical essays on Bangladeshi writers in the English language, both at home and abroad, and interviews with a prominent poet and a novelist. The past years have seen various attempts to conceptualize and debate the tradition of Bangladeshi literature in English. English has been in Bengal, which included the geographical territory that constitutes present-day Bangladesh, since the arrival of Ralph Fitch in 1583, and although Bengalis started experimenting creatively in the language in the late eighteenth and early nineteenth centuries, the tradition suffered significant setbacks in Bangladesh and remained in semi-muzzled state for various political and cultural reasons discussed in the book, before and after independence. However, the tradition has seen a surge since the 1990s, and several writers have emerged on home soil and in places where Bangladeshis have settled, including Australia, Canada, Sweden, the UK, and the USA. The book provides an overview of this tradition and investigates the various thematic and stylistic issues in the works of the selected writers, suggesting the vibrancy and versatility of this evolving national and postcolonial literary stream. The book will be of interest to researchers, academics, and scholars in the field of Bangladeshi writing in English, Southeast Asian literature, Asian literature, diaspora, and literary studies. The chapters in this book were originally published in the Journal of Postcolonial Writing.