The Calcutta Law Journal

The Calcutta Law Journal
Author: Great Britain Privy Council Judicia
Publisher: Legare Street Press
Total Pages: 0
Release: 2023-07-18
Genre:
ISBN: 9781020616884

A collection of reports on cases heard by the British courts in India during the nineteenth century, offering fascinating insights into the legal system and social conditions of the era. Includes thoughtful commentary and analysis by the judges and legal experts involved in the cases. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Leprosy in Colonial South India

Leprosy in Colonial South India
Author: J. Buckingham
Publisher: Springer
Total Pages: 247
Release: 2001-12-18
Genre: Science
ISBN: 1403932735

Leprosy is a neglected topic in the burgeoning field of the history of medicine and the colonized body. Leprosy in Colonial South India is not only a history of an intriguing and dramatic endemic disease, it is a history of colonial power in nineteenth-century British India as seen through the lens of British medical and legal encounters with leprosy and its sufferers in south India. Leprosy in Colonial South India offers a detailed examination of the contribution of leprosy treatment and legislative measures to negotiated relationships between indigenous and British medicine and the colonial impact on indigenous class formation, while asserting the agency of the poor and vagrant leprous classes in their own history.

Precedent in English Law

Precedent in English Law
Author: Rupert Cross
Publisher: Clarendon Press
Total Pages: 256
Release: 1991-06-13
Genre: Law
ISBN: 0191024449

This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.

The Law of Emergency Powers

The Law of Emergency Powers
Author: Abhishek Singhvi
Publisher: Springer Nature
Total Pages: 336
Release: 2020-10-30
Genre: Law
ISBN: 9811529973

This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

Police Matters

Police Matters
Author: Radha Kumar
Publisher: Cornell University Press
Total Pages: 249
Release: 2021-05-15
Genre: History
ISBN: 1501760866

Police Matters moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows. Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing. Thanks to generous funding from the Andrew W. Mellon Foundation, through The Sustainable History Monograph Pilot, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.