tools of justice non discrimination and the indian constitution

Download Book Tools Of Justice Non Discrimination And The Indian Constitution in PDF format. You can Read Online Tools Of Justice Non Discrimination And The Indian Constitution here in PDF, EPUB, Mobi or Docx formats.

Tools Of Justice

Author : Kalpana Kannabiran
ISBN : 9781136198755
Genre : Law
File Size : 70. 98 MB
Format : PDF, Mobi
Download : 910
Read : 323

Download Now


In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Tools Of Justice

Author : Kalpana Kannabiran
ISBN : 9781136198762
Genre : Law
File Size : 64. 77 MB
Format : PDF, ePub
Download : 585
Read : 263

Download Now


In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Tools Of Justice

Author : Kalpana Kannabirān
ISBN : 9780415523103
Genre : Political Science
File Size : 64. 67 MB
Format : PDF, Kindle
Download : 168
Read : 1031

Download Now


In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, 'insurgent' possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Re Presenting Feminist Methodologies

Author : Kalpana Kannabiran
ISBN : 9781351799263
Genre : Social Science
File Size : 36. 81 MB
Format : PDF, ePub, Docs
Download : 765
Read : 519

Download Now


This book tracks the trajectory of gender in the social sciences and humanities through an exploration of the challenges and contradictions that confront contemporary feminist analysis as well as future directions. Drawing on research in India, the essays in the volume engage with the subject in imaginative ways, each one going beyond documenting the persistence of gender inequality, instead raising new questions and dilemmas while unravelling the complexities of the terrain. They also interrogate extant knowledge that has ‘constructed’ women as ‘agentless’ over the years, incapable of contesting or transforming social orders – by taking a close look at gendered decision-making processes and outcomes, sex for pleasure, health care practices, content and context of formal schooling or the developmental state that ‘mainstreams’ gender. Do existing feminist methodologies enable the understanding of emerging themes as online sexual politics, transnational surrogacy or masculinist ‘anti-feminist’ sensibilities? The feminist methodologies delineated here will provide readers with a toolkit to assess the criticality of gender as well as its nuances. The work foregrounds the importance of intersectionality and builds a case for context-specific articulations of gender and societies that destabilize binary universals. This volume will be useful to scholars and researchers across the disciplines of the social sciences and humanities, especially gender studies, women’s studies, feminism, research methodology, education, sociology, political science and public policy.

Women And Law

Author : Kalpana Kannabiran
ISBN : 9788132118688
Genre : Social Science
File Size : 23. 46 MB
Format : PDF, ePub
Download : 420
Read : 671

Download Now


How should we approach the problem of “women and law”? Should the focus be on women-centred laws and their efficacy? Or should the focus be, instead, on the ways in which the law imagines women and the ways in which women have engaged with the law—spilling beyond fields traditionally associated with the phrase “women and law”? And how does violence figure in all these? Women and Law, a compilation of 11 insightful essays, examines these questions and a range of concerns—domestic violence, employment and labour, anti-discrimination jurisprudence, family laws, access to forest and land rights, the right to health, the complexities in the intersection of women’s rights with disability rights and women’s experiences of repressive legislation such as TADA. This volume attempts at a fresh mapping of the field of women and law from an interdisciplinary perspective and presents the work of activists, lawyers and scholars in conversation.

Uncertain Justice

Author : Laurence Tribe
ISBN : 9780805099133
Genre : Political Science
File Size : 71. 14 MB
Format : PDF
Download : 367
Read : 1016

Download Now


With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 9780674051751
Genre : Law
File Size : 24. 13 MB
Format : PDF, Mobi
Download : 784
Read : 1156

Download Now


Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Violence Studies

Author : Kalpana Kannabiran
ISBN : 0199464820
Genre :
File Size : 32. 51 MB
Format : PDF, Mobi
Download : 989
Read : 989

Download Now


Violence is embedded in our everyday. We encounter not only its overt, raw, and brutal nature but also the deeply buried invisible and insidious forms that normalize violence in the collective conscience, making it less noticeable and more tolerable. This volume opens out the field of violence studies with a focus on its myriad habitations and experiences in India. It interrogates the numerous ways in which omnipresent violence is interpreted and represented, and delves into the interconnections between the identifiable normative axes of power and the engendering of violence. Bringing together fresh methodological and conceptual perspectives on the way violence is understood and analysed, the contributors to this volume investigate its occurrence across sitesâlaw, family, state, gender, labour, caste, sexuality, communalism, and so onâto explore the normal as well as the exceptional. The case studies in this book are all drawn from the Indian experience. This volume aims towards a coherent and more nuanced understanding of violence that moves beyond the episodic to the systemic, structural levels of society and consciousness.

Constitutional Originalism

Author : Robert W. Bennett
ISBN : 9780801461118
Genre : Law
File Size : 71. 85 MB
Format : PDF, Docs
Download : 844
Read : 1242

Download Now


Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Debating Religious Liberty And Discrimination

Author : John Corvino
ISBN : 9780190603090
Genre : Political Science
File Size : 52. 92 MB
Format : PDF
Download : 174
Read : 768

Download Now


Virtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society? This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young social conservatives. Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide same-sex wedding services? But the conflicts extend well beyond the LGBT rights arena. How should we treat hospitals, schools, and adoption agencies that can't in conscience follow antidiscrimination laws, healthcare mandates, and other regulations? Should corporations ever get exemptions? Should public officials? Should we keep controversial laws like the Religious Freedom Restoration Act, or pass new ones like the First Amendment Defense Act? Should the law give religion and conscience special protection at all, and if so, why? What counts as discrimination, and when is it unjust? What kinds of material and dignitary harms should the law try to fight-and what is dignitary harm, anyway? Beyond the law, how should we treat religious beliefs and practices we find mistaken or even oppressive? Should we tolerate them or actively discourage them? In point-counterpoint format, Corvino, Anderson and Girgis explore these questions and more. Although their differences run deep, they tackle them with civility, clarity, and flair. Their debate is an essential contribution to contemporary discussions about why religious liberty matters and what respecting it requires.

Top Download:

Best Books