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Alliances

Nancy Shoemaker

in A Strange Likeness: Becoming Red and White in Eighteenth-Century North America

Published in print:
2004
Published Online:
September 2007
ISBN:
9780195167924
eISBN:
9780199788996
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195167924.003.0005
Subject:
History, American History: early to 18th Century

Eighteenth-century Europeans and eastern Indians of North America shared in how they structured international alliances as being either (1) between nations relatively equal in power, as in peace ... More


Defending and Defrauding the Indians: John Wompas, Legal Hybridity, and the Sale of Indian Land

Jenny Hale Pulsipher

in Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America

Published in print:
2018
Published Online:
May 2019
ISBN:
9781479850129
eISBN:
9781479838394
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479850129.003.0003
Subject:
Law, Philosophy of Law

As Jenny Pulsipher recounts, the mid-seventeenth-century Nipmuc Indian John Wompas familiarized himself with both Native and settler concepts of land tenure, distribution, and sales, becoming adept ... More


Introduction: The Place of Jīmūtavāhana's Dāyabhāga in Hindu Legal Literature

Ludo Rocher

in Jimutavahana's Dayabhaga: The Hindu Law of Inheritance in Bengal

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195138177
eISBN:
9780199834594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195138171.003.0001
Subject:
Religion, Hinduism

First discusses the place of Jīmūtavāhana's Dāyabhāga in Hindu legal literature. It then describes the life and works of Jīmūtavāhana, and his date and place in the commentarial literature. Next, ... More


Jimutavahana's Dayabhaga: The Hindu Law of Inheritance in Bengal

Ludo Rocher (ed.)

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195138177
eISBN:
9780199834594
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195138171.001.0001
Subject:
Religion, Hinduism

This is a translation of a twelfth‐century Sanskrit legal text, with the original text. The Dāyabhāga was one of the most important texts in the history of Indian law. It is important because the ... More


13: Postmodernity and Beyond

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0013
Subject:
Law, Family Law

This chapter discusses the concluding analyses in different sections. The author argues that dismissing Hindu law as a traditional religious system of suppression with no relevance to the ... More


Introduction

Philippe Cullet

in Water Law, Poverty, and Development: Water Sector Reforms in India

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199546237
eISBN:
9780191705519
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546237.003.0001
Subject:
Law, Public International Law, Environmental and Energy Law

This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It ... More


Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter discusses how modern Indian Law jurisprudence has focused on three major concerns: regulating state authority in Indian country, regulating tribal authority over non-Indians and ... More


The Marshall Trilogy: Foundational but Not Fully Constitutional?

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and ... More


Polygamy

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0010
Subject:
Law, Family Law

This chapter discusses and tries to analyze why and up to what extent the formal legal abolition of polygamy in Indian Hindu law does not fully represent social reality in India today. The chapter ... More


Law and Government

William A. Green

in British Slave Emancipation

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198202783
eISBN:
9780191675515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202783.003.0003
Subject:
History, World Modern History

Great Britain owned 14 sugar colonies in tropical America. Six of them were originally settled by Englishmen and the remaining eight were secured by conquest. In the 11 colonies, a representative or ... More


Introduction Introduction Reviving South Asian Comparative Constitutionalism

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter offers a brief overview of the debates, notable individuals, and institutions that have made vital contributions to comparative studies of South Asian constitutionalism. While South ... More


The Beginning and End of Rape: Confronting Sexual Violence in Native America

Sarah Deer

Published in print:
2015
Published Online:
May 2016
ISBN:
9780816696314
eISBN:
9781452952338
Item type:
book
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816696314.001.0001
Subject:
Society and Culture, Native American Studies

The book explores the history of rape and sex trafficking in North America, and provides historical and contemporary examples of federal complicity in the high rate of rape committed against Native ... More


Specific and Agreed Remedies for Breach of Contract in Indian Law: A Code of English Law?

V Niranjan

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0004
Subject:
Law, Law of Obligations, Comparative Law

This chapter deals with three central remedies for breach of contract in Indian law: the action for the agreed sum, specific performance, and agreed remedies. It shows that the action for the agreed ... More


Inheritance Unbound: The Politics of Personal Law Reform in Pakistan and India

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter describes the constitutional and political dimensions of formal legal change in Pakistan and India. The process of change referred to is one with an explicitly ‘religious’ dimensions: in ... More


India's Tryst with “the Clayton Act Moment” and Emerging Merger Control Jurisprudence: Intersection of Law, Economics, and Politics

Rahul Singh

in Competition Law and Development

Published in print:
2013
Published Online:
January 2014
ISBN:
9780804785716
eISBN:
9780804787925
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785716.003.0016
Subject:
Law, Competition Law

This chapter analyzes the emerging jurisprudence of Indian merger control regime in terms its nascent antitrust/competition law. Drawing upon the interdisciplinary methodology of law-and-economics, ... More


Indian Personal Law: Toward a Comparative The oretical Perspective

Narendra Subramanian

in Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804788786
eISBN:
9780804790901
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804788786.003.0001
Subject:
Law, Family Law

This chapter illustrates the pattern of change in India's personal laws since independence, based largely on the norms and initiatives of the concerned group. It highlights the tensions between ... More


Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses Lone Wolf v. Hitchcock, a case on which modern Indian law remains contingent on. It looks into Lone Wolf's background by considering federal law's expansion and allotment into ... More


Genocide by Other Means: US Federal Indian Law and Violence against Native Women in Louise Erdrich’s

Eric Cheyfitz and Shari M. Huhndorf

in New Directions in Law and Literature

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190456368
eISBN:
9780190456399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190456368.003.0016
Subject:
Literature, Criticism/Theory

Louise Erdrich’s prize-winning novel The Round House tells a story about rape on the reservation that reflects on alarmingly high rates of sexual violence against Native women and the roots of this ... More


Comparative Lessons and the Case of India

Shimon Shetreet and Hiram E. Chodosh

in Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198077121
eISBN:
9780199085309
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077121.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter analyses the case of India in depth. It explores the role of community law in the personal law of India while providing a constitutional and social context as a backdrop. Particularly, ... More


Terrorism, Literature and Sedition in Colonial India

Stephen Morton

in States of Emergency: Colonialism, Literature and Law

Published in print:
2013
Published Online:
May 2014
ISBN:
9781846318498
eISBN:
9781781380758
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/liverpool/9781846318498.003.0003
Subject:
Society and Culture, Cultural Studies

Chapter two considers the ways in which acts of sedition and revolutionary terrorism in British colonial India were invoked by the British authorities to justify emergency measures in the Indian ... More


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