Research Catalog

The Indian legal system : an enquiry

Title
The Indian legal system : an enquiry / Mahendra Pal Singh, Niraj Kumar.
Author
Singh, Mahendra Pal, 1940-
Publication
New Delhi, India : Oxford University Press, 2019.

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TextUse in library KNS120 .S563 2019Off-site

Details

Additional Authors
  • Niraj Kumar, 1975-
  • Baxi, Upendra
Description
lvi, 247 pages : illustrations; 23 cm
Summary
"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."--
Subject
  • Law > India
  • Law > India > History
  • Colonies > Law and legislation > History
  • Legal polycentricity > India
  • Culture and law > India
  • Legal polycentricity
  • Colonies > Law and legislation
  • Culture and law
  • Law
  • India
Genre/Form
History.
Bibliography (note)
  • Includes bibliographical references (pages 214-226) and index.
Contents
Introduction -- Tracing the history of the legal system in India -- Historical and contemporary deviations from the state legal system in India -- Examples of alternative legal systems in India -- Conclusion -- Appendices.
ISBN
  • 9780199489879
  • 0199489874
LCCN
2018299203
OCLC
  • on1048935372
  • 1048935372
  • SCSB-9403577
Owning Institutions
Princeton University Library