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The Archetypal Judge

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0033
Subject:
Law, Legal History

This chapter describes the archetypal SCI judge. He was the son of a lawyer, often born into a family where law practice was a tradition. He was a Hindu and a brahmin. He was born in an urban area ... More


The Deontological Argument

Arvind Sharma

in Are Human Rights Western?: A Contribution to the Dialogue of Civilizations

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195679489
eISBN:
9780199081714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195679489.003.0023
Subject:
Law, Human Rights and Immigration

This chapter examines the argument that human rights are Western based on the distinction between rights and duties. This argument claims that ‘rights’ are primarily a Western category and ‘duties’ ... More


Introduction

Arvind Sharma

in Hinduism and Human Rights: A Conceptual Approach

Published in print:
2004
Published Online:
October 2012
ISBN:
9780195665857
eISBN:
9780199082025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195665857.003.0001
Subject:
Law, Human Rights and Immigration

This introductory chapter begins with a review of the discourse around human rights and Hinduism. It then briefly sets out the book’s main purpose, which is to examine the issue of Hinduism and human ... More


Filing Religion: State, Hinduism, and Courts of Law

Daniela Berti, Gilles Tarabout, and Raphaël Voix (eds)

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199463794
eISBN:
9780199086849
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199463794.001.0001
Subject:
Law, Constitutional and Administrative Law

The Indian Constitution posits a separation between a secular domain that the state regulates and a religious domain in which it should not interfere. However, defining the separation between the two ... More


Conclusion

Ronojoy Sen

in Articles of Faith: Religion, Secularism, and the Indian Supreme Court

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0008
Subject:
Law, Constitutional and Administrative Law

If the overall direction of India's court decisions on religion were to be assessed from 1951 to the present, some patterns are discernible. This has something to do with the personality of dominant ... More


Hinduism and Human Rights: A Conceptual Approach

Arvind Sharma

Published in print:
2004
Published Online:
October 2012
ISBN:
9780195665857
eISBN:
9780199082025
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195665857.001.0001
Subject:
Law, Human Rights and Immigration

This book adopts a conceptual approach to the issue of Hinduism and human rights in a cultural ethos in which they are perceived, at least initially, as antithetical, if not antagonistic to each ... More


The Making of the Nepali Nation

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082910
eISBN:
9780199082179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082910.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the dynamics of the political transformations that occurred in Nepal until 1990 to elucidate the institutionalization of the nation in ethno-cultural terms in the 1990 ... More


Nepal between Continuity and Change

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082910
eISBN:
9780199082179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082910.003.0008
Subject:
Law, Constitutional and Administrative Law

Using a historical institutionalist approach, this book has investigated the institutionalization of Nepal in ethno-cultural terms in the 1990 Constitution as well as the impact of the constitutional ... More


Defining Religion: The Supreme Court and Hinduism

Ronojoy Sen

in Articles of Faith: Religion, Secularism, and the Indian Supreme Court

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter examines how India's Supreme Court has attempted to define Hinduism and the consequences of these attempts. The Court's keenness to define religion, especially Hinduism, can be seen as ... More


The Doctrine of Essential Practices: The Judges Shape a Rational Hinduism

Ronojoy Sen

in Articles of Faith: Religion, Secularism, and the Indian Supreme Court

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198063803
eISBN:
9780199080168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063803.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explores how India's Supreme Court has attempted to define religion with respect to the constitution; and second, how the judiciary has drawn a distinction between the sacred and the ... More


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