Cultural Expertise And Litigation

Author: Livia Holden
Publisher: Taylor & Francis
ISBN: 1136735216
Size: 12.22 MB
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Cultural Expertise and Litigation addresses the role of social scientists as a source of expert evidence, and is a product of their experiences and observations of cases involving litigants of South Asian origin. What is meant in court by "culture," "custom" and "law"? How are these concepts understood by witnesses, advocates, judges and litigants? How far are cross-cultural understandings facilitated - or obscured - in the process? What strategies are adopted? And which ones turn out to be successful in court? How is cultural understanding – and misunderstanding – produced in these circumstances? And how, moreover, do the decisions in these cases not only reflect, but impact, upon the law and the legal procedure? Cultural Expertise and Litigation addresses these questions, as it elicits the patterns, conflicts and narratives that characterize the legal role of social scientists in a variety of de facto plural settings – including immigration and asylum law, family law, citizenship law and criminal law.

Trysts With Democracy

Author: Stig Toft Madsen
Publisher: Anthem Press
ISBN: 0857287737
Size: 38.24 MB
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This volume addresses the current configuration of democratic politics in South Asia from a cross-disciplinary perspective. The essays seek to examine the larger questions of how democratic values are embedded in social and political institutions, and how localised and everyday political values inform the multiple ways in which democracy is understood and practised. One of the strengths of this collection is the fact that it does not seek to provide answers to these questions from within one academic discipline only, but rather brings together scholars with backgrounds in a variety of social science disciplines and the humanities. A number of allied questions and engaging debates emerge throughout the book. How may we distinguish between democracy’s formal and less-than-formal dimensions in the context of South Asia? How do notions of kinship, kingship and community tie in with larger processes of democratic politics and deepening political mobilisation? How do people construe the political in a context where the sphere of the religious seemingly seamlessly overlaps with the political, where the political cannot be separated from the social, and where the boundaries between state and society are blurred? How do people practically engage with the political and with democratic processes at a local level – and what might democracy mean in the vernacular?

Legal Pluralism And Governance In South Asia And Diasporas

Author: Livia Holden
Publisher: Routledge
ISBN: 1317607295
Size: 40.79 MB
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Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women’s inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Official Law.

Family Religion And Law

Author: Prakash Shah
Publisher: Routledge
ISBN: 1317136470
Size: 19.25 MB
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This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

Translation And Conflict

Author: Mona Baker
Publisher: Routledge
ISBN: 1134175388
Size: 38.15 MB
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Translation and Conflict demonstrates that translators and interpreters participate in circulating as well as resisting the narratives that create the intellectual and moral environment for violent conflict. Drawing on narrative theory and using numerous examples from historical and contemporary conflicts, the author provides an original and coherent model of analysis that pays equal attention to micro and macro aspects of the circulation of narratives in translation, to translation and interpreting, and to questions of dominance and resistance. The study is particularly significant at this juncture of history, with the increased interest in the positioning of translators in politically sensitive contexts, the growing concern with translators’ and interpreters’ divided loyalties in settings such as Guantanamo, Iraq, Kosovo, and other arenas of conflict, and the emergence of several activist communities of translators and interpreters with highly politicized agendas of their own, including Babels, Translators for Peace, Tlaxcala and ECOS. Including further reading suggestions at the end of each chapter, Translation and Conflict will be of interest to students of translation, intercultural studies and sociology as well as the reader interested in the study of social and political movements.

Hindu Divorce

Author: Livia Holden
Publisher: Routledge
ISBN: 1317121902
Size: 47.75 MB
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This comparative study investigates the place of Hindu divorce in the Indian legal system and considers whether it offers a way out of a matrimonial crisis situation for women. Using the narratives of the social actors involved, it poses questions about the relationship between traditional jurisdictions located in rural areas and the larger legal culture of towns and cities in India, and also in the UK and USA. The multidisciplinary approach draws on research from the social sciences, feminist and legal studies and will be of interest to students and scholars of law, anthropology and sociology.

Haunting Experiences

Author: Diane Goldstein
Publisher: University Press of Colorado
ISBN: 0874216818
Size: 33.93 MB
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Ghosts and other supernatural phenomena are widely represented throughout modern culture. They can be found in any number of entertainment, commercial, and other contexts, but popular media or commodified representations of ghosts can be quite different from the beliefs people hold about them, based on tradition or direct experience. Personal belief and cultural tradition on the one hand, and popular and commercial representation on the other, nevertheless continually feed each other. They frequently share space in how people think about the supernatural. In Haunting Experiences, three well-known folklorists seek to broaden the discussion of ghost lore by examining it from a variety of angles in various modern contexts. Diane E. Goldstein, Sylvia Ann Grider, and Jeannie Banks Thomas take ghosts seriously, as they draw on contemporary scholarship that emphasizes both the basis of belief in experience (rather than mere fantasy) and the usefulness of ghost stories. They look closely at the narrative role of such lore in matters such as socialization and gender. And they unravel the complex mix of mass media, commodification, and popular culture that today puts old spirits into new contexts.

Accelerating Change In Schools

Author: Linda Dudar
Publisher: Emerald Group Publishing
ISBN: 1786355027
Size: 45.73 MB
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This book presents major findings from a research study exploring the leadership needed to enact rapid change - defined as three years or less - in various school contexts, overtly including the perspectives of leaders, teachers, students, parents, community members, and district leaders.

The Interpretation Of Cultures

Author: Clifford Geertz
Publisher: Basic Books
ISBN: 0465093566
Size: 70.65 MB
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In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.

Lawyers Lawsuits And Legal Rights

Author: Thomas Frederick Burke
Publisher: Univ of California Press
ISBN: 9780520227279
Size: 63.72 MB
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The struggle over litigation in American society is explored in this groundbreaking study of the American legal system that reveals why the United States has become such a litigious society. (Politics & Government)