Chitra Sinha
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198078944
- eISBN:
- 9780199081479
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198078944.003.0017
- Subject:
- Law, Family Law
An analysis of the debate on gender rights that encompassed the Hindu Code Bill in the 1940s and 1950s in the public sphere is presented in the fourth chapter. The conflict of a liberal feminist ...
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An analysis of the debate on gender rights that encompassed the Hindu Code Bill in the 1940s and 1950s in the public sphere is presented in the fourth chapter. The conflict of a liberal feminist consciousness and a traditional patriarchal ideology is analysed through an assessment of the available discourse relating to various issues raised over the Hindu Code Bill in the 1940s and 1950s. A key focus point of the chapter is the interaction of the public sphere with the official sphere, when the Hindu Law Committee met the public representatives in Bombay, Poona, and in several other cities of India in 1944 and 1945. The chapter also scans media reflections and reactions to understand the nature of the debate in the public sphere. It addresses the efforts of women’s organisations, social reform organisations, as well as conservative religious groups and opinion leaders.Less
An analysis of the debate on gender rights that encompassed the Hindu Code Bill in the 1940s and 1950s in the public sphere is presented in the fourth chapter. The conflict of a liberal feminist consciousness and a traditional patriarchal ideology is analysed through an assessment of the available discourse relating to various issues raised over the Hindu Code Bill in the 1940s and 1950s. A key focus point of the chapter is the interaction of the public sphere with the official sphere, when the Hindu Law Committee met the public representatives in Bombay, Poona, and in several other cities of India in 1944 and 1945. The chapter also scans media reflections and reactions to understand the nature of the debate in the public sphere. It addresses the efforts of women’s organisations, social reform organisations, as well as conservative religious groups and opinion leaders.
A.W.B. Simpson
- Published in print:
- 1987
- Published Online:
- March 2012
- ISBN:
- 9780198255734
- eISBN:
- 9780191681622
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198255734.003.0017
- Subject:
- Law, Legal History
This chapter examines the history of the evolution of the action of assumpsit for breach of promise and the enactment of the Statute of Frauds and Perjuries in England. It suggests that the evolution ...
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This chapter examines the history of the evolution of the action of assumpsit for breach of promise and the enactment of the Statute of Frauds and Perjuries in England. It suggests that the evolution of assumpsit made the contract law excessively biased in favour of the plaintiff, which encouraged the filing of groundless suits. To address this problem, the Statute of Frauds adopted a policy of requiring written evidence of important legal transactions as a prerequisite to their enforcement, which made the filing of groundless suits more difficult and costly.Less
This chapter examines the history of the evolution of the action of assumpsit for breach of promise and the enactment of the Statute of Frauds and Perjuries in England. It suggests that the evolution of assumpsit made the contract law excessively biased in favour of the plaintiff, which encouraged the filing of groundless suits. To address this problem, the Statute of Frauds adopted a policy of requiring written evidence of important legal transactions as a prerequisite to their enforcement, which made the filing of groundless suits more difficult and costly.
Jean-François Blanchette
- Published in print:
- 2012
- Published Online:
- August 2013
- ISBN:
- 9780262017510
- eISBN:
- 9780262301565
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262017510.003.0006
- Subject:
- Information Science, Information Science
This chapter examines the experiences of three bureaucratic organizations as they struggle with the application of electronic signatures to real estate contracts, birth certificates, and land titles. ...
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This chapter examines the experiences of three bureaucratic organizations as they struggle with the application of electronic signatures to real estate contracts, birth certificates, and land titles. It suggests that the divergent routes in the computerization of these documents highlight the need to pay attention to the specific material conditions and institutional contexts that govern the production of written evidence. It also argues that the technical conditions necessary for the long-term legibility of electronic documents present a serious challenge to the forensic value of cryptographic signature verification.Less
This chapter examines the experiences of three bureaucratic organizations as they struggle with the application of electronic signatures to real estate contracts, birth certificates, and land titles. It suggests that the divergent routes in the computerization of these documents highlight the need to pay attention to the specific material conditions and institutional contexts that govern the production of written evidence. It also argues that the technical conditions necessary for the long-term legibility of electronic documents present a serious challenge to the forensic value of cryptographic signature verification.
Chitra Sinha
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198078944
- eISBN:
- 9780199081479
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198078944.001.0001
- Subject:
- Law, Family Law
The book explores a significant episode of Indian social history, the Hindu Code Bill controversy that stirred the Indian social consciousness in the mid-twentieth century. Revisiting the ...
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The book explores a significant episode of Indian social history, the Hindu Code Bill controversy that stirred the Indian social consciousness in the mid-twentieth century. Revisiting the communicative processes surrounding the reform of Hindu customary laws relating to marriage, divorce, succession, adoption, and maintenance, the book provides an in-depth account of the intense debate that took place in and outside the legislature involving political groups, social associations, religious organizations, legal associations, and the women’s movement. Placing the debate in a historical continuum, the author traces the genesis of the Hindu Code Bill by exploring the linkages of late eighteenth century initiatives of colonial administration, the efforts of eighteenth century social reformers, and the contribution of Indian national movement as well as women’s organizations in early twentieth century. The book analyses the relationship of discourses in the public and legislative spheres and emphasizes the role of Nehru, Ambedkar, B.N. Rau and other prominent personalities in the promotion of gender justice. The book argues that while effective implementation of enabling legal provisions were impeded by deeply entrenched patriarchal structures in Independent India, the debate contributed towards a gradual transformation of the Indian social consciousness, thus contributing towards gender justice in Indian society.Less
The book explores a significant episode of Indian social history, the Hindu Code Bill controversy that stirred the Indian social consciousness in the mid-twentieth century. Revisiting the communicative processes surrounding the reform of Hindu customary laws relating to marriage, divorce, succession, adoption, and maintenance, the book provides an in-depth account of the intense debate that took place in and outside the legislature involving political groups, social associations, religious organizations, legal associations, and the women’s movement. Placing the debate in a historical continuum, the author traces the genesis of the Hindu Code Bill by exploring the linkages of late eighteenth century initiatives of colonial administration, the efforts of eighteenth century social reformers, and the contribution of Indian national movement as well as women’s organizations in early twentieth century. The book analyses the relationship of discourses in the public and legislative spheres and emphasizes the role of Nehru, Ambedkar, B.N. Rau and other prominent personalities in the promotion of gender justice. The book argues that while effective implementation of enabling legal provisions were impeded by deeply entrenched patriarchal structures in Independent India, the debate contributed towards a gradual transformation of the Indian social consciousness, thus contributing towards gender justice in Indian society.
Rafael Scopacasa
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780198713760
- eISBN:
- 9780191782152
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198713760.003.0002
- Subject:
- Classical Studies, Archaeology: Classical, Archaeology: Non-Classical
This chapter brings together the written evidence to discuss descriptions of the Samnites in Greek and Roman texts, and what these descriptions tell us about how communities in Samnium may have ...
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This chapter brings together the written evidence to discuss descriptions of the Samnites in Greek and Roman texts, and what these descriptions tell us about how communities in Samnium may have defined themselves. Instead of being cohesive and unchanging, the category ‘Samnite’ has a considerable degree of malleability in classical texts, which probably reflects changes in ethnic definitions and boundaries on the ground. This much is consistent with the more fragmentary evidence of inscriptions and coinage, which shows that communities in Samnium saw themselves as part of networks that extended throughout central Italy, but at the same time subscribed to more local and place-based identities that were associated with individual towns and settlements.Less
This chapter brings together the written evidence to discuss descriptions of the Samnites in Greek and Roman texts, and what these descriptions tell us about how communities in Samnium may have defined themselves. Instead of being cohesive and unchanging, the category ‘Samnite’ has a considerable degree of malleability in classical texts, which probably reflects changes in ethnic definitions and boundaries on the ground. This much is consistent with the more fragmentary evidence of inscriptions and coinage, which shows that communities in Samnium saw themselves as part of networks that extended throughout central Italy, but at the same time subscribed to more local and place-based identities that were associated with individual towns and settlements.
Aparna Balachandran
- Published in print:
- 2017
- Published Online:
- April 2018
- ISBN:
- 9780199477791
- eISBN:
- 9780199091096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199477791.003.0006
- Subject:
- History, Indian History, Social History
Legal historians have described early modern empires as characterized by legal pluralism and, indeed, the ubiquitous invocation of custom in these petitions appears to reiterate that this was the ...
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Legal historians have described early modern empires as characterized by legal pluralism and, indeed, the ubiquitous invocation of custom in these petitions appears to reiterate that this was the case in the south Indian colonial port city of Madras. However, the investment in the rhetoric of custom by the state and its subjects was increasingly linked to a regime of paper and property where written evidence and the precedent were prioritized not merely in the colonial courts but also in indigenous forums of arbitration. Thus the permeation of these evidentiary norms in both colonial and “traditional” legal arenas was a phenomenon that can help interrogate the idea of pluralism as an appropriate scholarly lens in defining the legal terrain in places like Madras.Less
Legal historians have described early modern empires as characterized by legal pluralism and, indeed, the ubiquitous invocation of custom in these petitions appears to reiterate that this was the case in the south Indian colonial port city of Madras. However, the investment in the rhetoric of custom by the state and its subjects was increasingly linked to a regime of paper and property where written evidence and the precedent were prioritized not merely in the colonial courts but also in indigenous forums of arbitration. Thus the permeation of these evidentiary norms in both colonial and “traditional” legal arenas was a phenomenon that can help interrogate the idea of pluralism as an appropriate scholarly lens in defining the legal terrain in places like Madras.
