Routledge Readings on Law and Social Justice
Dispossessions, Marginalities, Rights
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Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights presents some of the finest essays on social justice, rights and public policy. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding law and socio- legal studies in South Asia. The book covers critical themes such as the jurisprudence of rights, justice, dignity, with a focus on the regimes of patriarchy, labour and dispossession. The fourteen chapters in the volume, divided into three sections, examine contested sites of the constitution, courts, prisons, land and complex processes of migration, trafficking, digital technology regimes, geographical indications and their entanglements. This multidisciplinary volume foregrounds the politics and plural lives of/ in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject.
This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality and violence. It will serve as essential reading for those in law, socio- legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, and those in public administration, development studies, environmental studies, migration studies, cultural studies, labour studies and economics.
Table of Contents
Introduction: Exploring the Contours of Interdisciplinary Law
PART I Colonialism, Insurgency, Exodus, and the Constitution
1 Law and Terror in the Age of Constitution-Making
2 The Gandhian Conception of the Constitution
3 On the Fringe: The Tribal Laws
Partha S. Ghosh
4 Law, Rights, and Public Policy
Andrea Monti and Raymond Wacks
PART II Gendered Habitations of Precarity
5 The Trajectories of Work, Sexuality and Citizenship: The Rights of the Transgender in India
6 ‘Vimla to Pagal Hai!’ [Vimla is a Lunatic!]
Rani Dhavan Shankardass
7 Legitimating Love: Tis Hazari and the Judicial Process
8 A Legal Framework to Prevent Trafficking of Women and Young Girls During Disasters in India
9 Victims, Whores, and Wives: Migrant Women and the Law
PART III Property, Dispossessions, and Spatial Justice
10 ‘Bargaining’, Gender Equality and Legal Change: The Case of India’s Inheritance Laws
11 Production of Space in Urban India: Legal and Policy Challenges to Land Assembly
12 Rural Civilities: Caste, Gender, and Public Life in Kerala
13 The New Technologies and the Constitution of ‘Theft’
14 The Geographical Indications Act: Place Matters
Kalpana Kannabiran, is a sociologist and legal scholar, and is Distinguished Professor at the Council for Social Development. Among her book publications are Tools of Justice: Non- Discrimination and the Indian Constitution (2012), Gender Regimes and the Politics of Privacy: A Feminist Re- Reading of Puttaswamy vs. Union of India (2021), Law, Justice and Human Rights in India: Short Reflections (2021) and the edited volumes Violence Studies (2016) and Re-Presenting Feminist Methodologies: Interdisciplinary Explorations (2017). Based in Hyderabad, India, she was formerly Professor and Director at the Council for Social Development, Southern Regional Centre, has taught at NALSAR University of Law, and is co- founder of Asmita Resource Centre for Women. She is a recipient of the VKRV Rao Prize for Social Science Research (2003) and the Amartya Sen Award for Distinguished Social Scientists (2012), both for her work in the field of law.
'Routledge Readings on Law and Social Justice will be of immense use to anyone whose study relates to social justice and public policy. Over seven decades after the Constitution came into force the community of transgenders, the sex workers, adivasis, women, children, the scheduled castes and tribes, are yet to realise their rights and live with fundamental human dignity. This volume compels practitioners and students of law to engage with these issues. Not dealing with rights in an abstract way, it engages with them in very practical terms, which is what we need if Constitutional rights are to be realised.'
V.S. Elizabeth, Tamil Nadu National Law University, Trichy, India
'Routledge Readings on Law and Social Justice is an important and much needed collection of rich, textured, critical and updated articles on most significant themes in law. The narrative of marginalities, rights, justice and the legal systems emerge in a seamless flow. While each section is distinct, the continuity among them is very well brought out. This volume is ideal as a ready reckoner on important issues in law and justice in India.'
Ruchira Goswami, West Bengal National University of Juridical Sciences, Kolkata, India
Routledge Readings on Law and Social Justice offers comprehensive resource material for those interested in contemporary politico-legal scholarship. The contested sites of the constitution, courts, prisons, land or complex processes of migration, trafficking, or geographical indications and their entanglements are covered in this volume, which makes it a compelling read for any student of law, socio-legal studies, legal historian or practitioner of law. This volume foregrounds the politics and plural lives of/in law and becomes an essential reading for everyone who takes law, marginality and violence seriously. It will be of extraordinary interest to legal scholars and practitioners.
Rukmini Sen, Dr. B.R. Ambedkar University Delhi, India