The Indian Legal System
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ISBN:
9780199489879
Publication date:
14/01/2019
Hardback
304 pages
226x138mm
Price: 895.00 INR
We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.
ISBN:
9780199489879
Publication date:
14/01/2019
Hardback
304 pages
Mahendra Pal Singh, Niraj Kumar
Legal, anthropological, and historical analysis of multiple legal systems in India,Highlights the gap between state legal system and community practices,Studies the British influence on Indian legal system,Examines the growth of Indian legal system and parallel communicy practices
Rights: World Rights
Mahendra Pal Singh, Niraj Kumar
Description
Legal, anthropological, and historical literature acknowledges the undisputed presence of multiple legal traditions in India. However, the existence of uniform laws applicable to all citizens, questions plurality at some levels. The existence of multiple non-state legal traditions alongside a proclaimed formal state legal system certainly poses a challenge to the common law identity of the Indian legal system. It is historically acknowledged that colonialism and law share a reciprocal relationship, where law was used for the expansion of colonial rule, and was not an accurate reflection of the needs of society. When common law was introduced in India by the British to better integrate the Indian legal system, they did not refer to the prevailing legal practices of the time. Neither was it an exact appropriation of common law as understood in England. The book argues that this is the underlying cause for the gap between the state legal system and traditional community practices. This is arguably the reason behind preference for non-state legal practices among several communities in India, despite the existence of a formal state legal system. The central theme of the book is that legal systems cannot be seen or studied in isolation of the cultures of groups whose affairs they regulate.
About the Authors
Mahendra Pal Singh, Profesor, Centre for Comparative Law, National Law University, Delhi, and Niraj Kumar, Assistant Professor, National Law University, Delhi
Mahendra Pal Singh is Chancellor, Central University of Haryana, India, and Chair Professor, Centre for Comparative Law, National Law University, Delhi, India Niraj Kumar is Assistant Professor, National Law University, Delhi, India
Mahendra Pal Singh, Niraj Kumar
Table of contents
Foreword by Upendra Baxi
Acknowledgements
Preface
List of Statutes (Chronological)
List of Cases (In order of appearance)
List of Tables (In order of appearance)
Summary of Arguments
Introduction
1. Tracing the History of Legal System in India
2. Historical & Contemporary Deviations from the State Legal System in India
3. Examples of Alternate Legal Systems in India
Conclusion
Appendix I
Appendix II
Appendix III: State Profiles Indicating Reliance on Traditional, Non-State Legal Systems
Bibliography
Index of Cases Illustrating Judicial Engagement with Customary Law in India
Index
Mahendra Pal Singh, Niraj Kumar
Description
Legal, anthropological, and historical literature acknowledges the undisputed presence of multiple legal traditions in India. However, the existence of uniform laws applicable to all citizens, questions plurality at some levels. The existence of multiple non-state legal traditions alongside a proclaimed formal state legal system certainly poses a challenge to the common law identity of the Indian legal system. It is historically acknowledged that colonialism and law share a reciprocal relationship, where law was used for the expansion of colonial rule, and was not an accurate reflection of the needs of society. When common law was introduced in India by the British to better integrate the Indian legal system, they did not refer to the prevailing legal practices of the time. Neither was it an exact appropriation of common law as understood in England. The book argues that this is the underlying cause for the gap between the state legal system and traditional community practices. This is arguably the reason behind preference for non-state legal practices among several communities in India, despite the existence of a formal state legal system. The central theme of the book is that legal systems cannot be seen or studied in isolation of the cultures of groups whose affairs they regulate.
About the Authors
Mahendra Pal Singh, Profesor, Centre for Comparative Law, National Law University, Delhi, and Niraj Kumar, Assistant Professor, National Law University, Delhi
Mahendra Pal Singh is Chancellor, Central University of Haryana, India, and Chair Professor, Centre for Comparative Law, National Law University, Delhi, India Niraj Kumar is Assistant Professor, National Law University, Delhi, India
Table of contents
Foreword by Upendra Baxi
Acknowledgements
Preface
List of Statutes (Chronological)
List of Cases (In order of appearance)
List of Tables (In order of appearance)
Summary of Arguments
Introduction
1. Tracing the History of Legal System in India
2. Historical & Contemporary Deviations from the State Legal System in India
3. Examples of Alternate Legal Systems in India
Conclusion
Appendix I
Appendix II
Appendix III: State Profiles Indicating Reliance on Traditional, Non-State Legal Systems
Bibliography
Index of Cases Illustrating Judicial Engagement with Customary Law in India
Index
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