Author: Indra Deva
Editor(s): Indra Deva
Publisher: Oxford University Press
Year: 2005
Language: English
Pages: 376
ISBN/UPC (if available): 978-0-19-567236-7
Description
Sociology and law share a close and symbiotic relationship. Sociology deals with the study of social interaction, values, norms, and attitudes. These form the very basis of law.
While relatively under-researched within the discipline, sociology of law nevertheless constitutes a highly vibrant field. It commits to link the study of law with core sociological issues as stability, order, disorder, religion, identity, and social change.
This volume is a collection of 21 essays analyzing the relationship between legal and social systems in India. The book is divided into six parts which engage with various aspects of the legal system.
The first deals with its functioning under the British as well as Independent India which also includes tribal criminal justice. The development and social organization of the legal profession is analyzed next. The next two sections deal with the association of law with two important and often controversial issues: religion and disadvantaged groups. They address issued ranging from personal law, a uniform civil code, and secularism, to reservations and the empowerment of women. These are followed by an analysis o the societal role of the judiciary with respect to social action and public interest litigations. The final part examines law and social change through the ages in India.
In examining these diverse issue areas, this first of a kind volume brings together eminent sociologists as also top legal thinkers and jurists. It will be invaluable to students and scholars of sociology and other allied social sciences; legal historians, socio-legal scholars, political scientists, and activists.
Contents
INTRODUCTION
FUNCTIONING OF THR LEGAL SYSTEM
Colonial Nature of the Indian Legal System
Administration of Hindu Law by the British
Law and the People
Patterns of Criminal Justice amongst Some Tribes
Law as an Instrument of Change in India
THE LEGAL PROFESSION
Development of the Legal Profession in India
Legal Profession and Society: A Study of Lawyers and their Clients
Social Organization at the District Courts: Colleague Relationship among Indian Lawyers
LAW AND RELIGIOUS IDENTITY
Religion, Law and Secularism
Personal Laws or a Uniform Civil Code?
The Personal Law Question and Hindu Nationalism
The Shah Bano Case: Some Political Implications
LAW AND THE DISADVANTAGED GROUPS
Pursuing Equality in the Land of Hierarchy
Jurisprudential Foundation of Reservation
Mandal Revisited
Empowerment of Women: Legal Strategies
SOCIETAL ROLE OF JUDICIARY
Towards an Indian Jurisprudence of Social Action
and Public Interest Litigation
Public Interest Litigation
LAW AND SOCIAL CHANGE
Growth of Traditional Legal System:
The Perspective of Change through the Ages
Law and Social Change in India
Constitutions and Revolutions
Contributors
Index