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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Law and Society in Modern India New ed

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Marc GalanterEvjue-Boscom Professor of Law, University of Wisconsin, Madison, USA

ISBN13: 9780195632057
ISBN: 0195632052
Published: October 1993
Publisher: Oxford University Press
Country of Publication: Idia
Format: Paperback (C format)
Price: Out of print

Since a large body of modern Indian law is Western, it will not, according to some, further one's understanding of India. Galanter goes on to qualify this statement by arguing that this very fact lends to 'Indian law a unique and compelling interest for students of India and of comparative law'. Galanter tries to show the various ways in which a complex body of formal law accommodates and adjusts itself to local conditons to which it is alien. These essays range over a wide span of normative and structural issues of Indian society, such as equality, hierarchy, secularism, justice and conceptual problems; group membership, panchayat, justice, cast and policies of positive discrimination.

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Introduction; Uses of law in Indian studies: The uses of law in Indian studies; The emergence of the modern legal system: The displacement of traditional law in modern India; The aborted restoration of indigenous law in India; Panchayat justice: An Indian experiment in legal access - with Upendra Baxi; Indian law as an indigenous conceptual system; Legal conceptions of the social structure: Group membership and group preferences in India; Changing legal conceptions of caste; Pursuing equality in the land of hierarchy: Pursuing equality in the land of hierarchy: Assessment of India's policies of compensatory discrimination for historically disadvantaged groups; Missed opportunitites: The use and non-use of law favourable to untouchables and other specially vulnerable groups; Judges, Lawyers and social reform: Hinduism, secularism and the Indian judiciary; Symbolic activism: Judicial encounter with the contours of India's compensatory discrimination policy; New patterns of legal services in India