bluuebunny/crossref_metadata_2025 huggingface dataset:
Nick Haynes, Building Knowledge: An Architectural History of the University of Glasgow (Edinburgh: Historic Scotland, 2013).
Authors: Anderson Robert
Published: January 2019

This chapter presents reviews of Building Knowledge: An Architectural History of the University of Glasgow (2013) by Nick Haynes and Building Knowledge: An Architectural History of the University of Edinburgh (2017) by Nick Haynes and Clive B. Fenton. These books are published in a uniform and lavishly illustrated format by the body responsible for Scotland’s built heritage. The authors, who are primarily architectural historians, focus on style, patronage, costs, building methods, and other topics of architectural history, and use the papers of individual architects as well as university archives. Their work is also an important contribution to the history of universities, as the evolution of buildings reflects the changing demands of university education, and the place of universities within the urban community.
From Panjab to London
Authors: Jahanbegloo Ramin , Thapar Romila , Bhattacharya Neeladri
Published: January 2019

In this section Romila Thapar talks about her childhood and family background. Her childhood was spent in various places from the North West Frontier Province of British India to school and college in Pune, before reaching Delhi, from where she went to London. She reflects on the Indian independence movement and the development of her interests in politics. This was almost inevitable among teenagers growing up in the years just before independence and influenced by Indian nationalism. She discusses her reading at that time both of the classics and of popular novels, and describes how she gradually developed an interest in early India. Thapar also shares her experience of the much-discussed Nehruvian ideal of building a new nation and the growth of radical ideas. She describes her years in London, slowly becoming a historian. This brings her to joining Jawaharlal Nehru University and working at the Centre for Historical Studies.
Modern Writing of Early Indian History
Authors: Jahanbegloo Ramin , Thapar Romila , Bhattacharya Neeladri
Published: January 2019

This section addresses the question of the modern writing of early Indian history from James Mill’s history to the themes that are of interest today. Two major schools were initially involved in interpreting the Indian past. One was that of the Orientalists, who were largely scholars of the ancient languages such as Sanskrit and Persian. The other was of philology. They were also interested in Indian religions and Hinduism in particular. Most were admiring of Indian culture, but the degree of reservations varied from scholar to scholar. Those who came from the Utilitarian school of thought were largely critical and described Indian civilization as static and given to a system they called Oriental Despotism. Inevitably this brought in notions of kingdoms and empires in relation to nationalist history, the role of caste in history and the background to concepts that were then current in India such as ahimsa/non-violence, and tolerance.
Shakuntala and Somanatha
Authors: Jahanbegloo Ramin , Thapar Romila , Bhattacharya Neeladri
Published: January 2019

In this section there is a discussion on two books written by Thapar, Shakuntala and Somanatha. She explains what made her choose these two subjects which, in a sense, suggest both a similar and yet a somewhat dissimilar narrative strategy. The story of Shakuntala is fictional yet it is a story that is frequently rewritten in history but incorporating some small changes. Thapar relates the changes in the drama to their historical context. She also shows how the projection of the central character in the story alters over time and is perceived differently both across time and by recourse to different cultural attributes. Her book on Somanatha takes the central historical event and examines how it is viewed in a variety of sources from variant perspectives. Some describe it in different ways whereas others do not refer to it despite writing about other events at Somanatha. The methods encapsulated in both these books are suggestive of new ways of looking at the past. This can also be seen in Thapar’s substantial work on how people in the past looked at their own past and how this illumines our understanding of that past.
The Policymaking Process
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

This introductory chapter is a scene setter, aimed at public policy scholars and practitioners alike. It provides an outline and brief description of the book and provides a background for its subject matter. It provides a dipstick literature review of the existing literature on social movements and external influences on the policy process. It summarizes the key theoretical models of policy making in the international literature for understanding the policy process and provides a brief review of the policy making process in India, as well as a description, in some detail, of the various stages of law-making in the country. The exposition of the various stages of law-making provides an overview of the influence that various stakeholders in the policy process—the media, judiciary, civil society, and so on—can exert in the process.
Leveraging Grass-roots Activism
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

This chapter sketches the evolution of the RTI Act. After pointing out far-reaching consequences of the Right to Information Act, and the worldwide move towards transparency, the chapter traces the judicial activism towards transparency between 1975 and 1996, till it became part of the Janata Dal’s election manifesto in 1989. Still things did not progress much till in 1995, a major workshop on RTI was held at LBSNAA on the subject. A long tug of war ensued as government came and fell till the bill was introduced in 2000. The Freedom of Information Bill passed in 2002 but was never notified. The grassroots efforts by MKSS in Rajasthan since 1990 played a major role in pushing the RTI agenda forward, ultimately leading to the formation of the NCPRI. Finally, the RTI was passed in 2005. Its journey exemplifies the advocacy coalition framework.
The Journey to the Right to Education Act, 2009
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

This chapter chronicles the evolution of the Right to Education Act. After listing the evolution milestones of the education system from pre-independence era, the chapter identifies two judicial orders in the early 90s, in the cases of Mohini Jain and Unnikrishnan, as the impetus to a move towards RTE. Several NGOs used the opportunity to start a campaign for education as a fundamental right till they formed a broad coalition under the banner of NAFRE in the late 1990s that intensified grass-root campaign for RTE. The campaign and PILs pushed the government to amend the constitution in 2001 to make education after age six a fundamental right. A long legislative journey ensued that led to the enactment in 2009. None of the existing theories fit the entire journey though some stages correspond to different specific frameworks.
The Struggle against Child Labour
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

This chapter covers the evolution of the Child Labour Bill up to the failed 2012 attempt. After surveying the definitions and extent of the malaise, it touches upon the various complex economic issues, and summarizes the movement from Independence. The scattered attempts began to coalesce into a broad movement in the 1980s which the chapter captures through the lenses of two organizations—the Hyderabad-based MV Foundation and the Bachpan Bachao Andolan. MVF created a grass-root campaign to work with schools of Andhra Pradesh to help enrol child labourers. BBA organized a sustained effort through several high profile agitations using courts and streets including daring rescues from the circus industry and the organizing the highly visible Global March in 1998. The activism gathered momentum to culminate in a Bill in 2012 which failed to pass. A different version was later passed in 2015. The movement broadly conforms to the advocacy coalition framework.
Accelerated Change
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

This chapter captures the almost feverish events leading up to the Criminal Laws (amendment) Act 2013. It starts with the tragic rape of 16 December 2012, and describes the way a local student-led protest rapidly snowballed into a headline-grabbing movement. It attempts to piece together how the word and the passion spread like wildfire throughout the capital, largely through social media. Within days the government announced several women’s safety measures in the capital and constituted a 3-member committee to look into changing the law. The chapter then summarizes the anti-rape movement in India over the years to provide the background for the tumultuous public outburst, as well as the evolution of the law before resuming the narrative on the working of the Verma committee and the speedy sailing of the legislation through parliament. The movement fits primarily the punctuated equilibrium driven by a ‘trigger’ event.
Ensuring Food Security
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

This chapter narrates the saga of the Right to Food Security. Briefly pointing out various prior food movements, the chapter dates the movement to 2001 in Rajasthan with a writ petition at the Supreme Court. The SC took up the issue with surprising enthusiasm issuing order after order to force the government to comply with reports and action. The government, while not antagonistic, was apathetic. Encouraged by the court orders the activists gathered under a single banner of Right to Food Campaign in 2004 and built on the campaign in court as well as on the ground. Political support finally came when the issue entered UPA’s election manifesto in 2009. Post UPA victory, the NAC submitted its draft bill in 2010 but a substantially altered bill finally got enacted in 2013. The movement reflects a combination of Punctuated Equilibrium Framework and Advocacy Coalition Framework.
The Evolving Story of the Land Acquisition Act, 2013
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

The epic journey of the Land Acquisition Act, 2013 is the subject matter of this chapter. The chapter traces the travails of the 1894 Act through the various challenges including the Narmada Bachao agitation and various SEZ acquisitions in the early 2000s till the four separate and more recent agitations that set the stage for work on new legislation—Nandigram and Singur in West Bengal, Maha Mumbai SEZ in Maharashtra and POSCO acquisition in Odisha. The UPA’s 2004 Rehabilitation and Resettlement (R&R) policy was revised in a 2007 Bill, largely as per NAC recommendations, that however lapsed in 2009. During UPA-II, fresh trouble erupted in Bhatta Parsaul in UP and the government elevated Jairam Ramesh to fast pace the passage of the new law. After much contentious negotiation the Act came into being in 2013. The movement reflects a combination of Punctuated Equilibrium Framework and Advocacy Coalition Framework.
In Search of a New Theory
Authors: Chakrabarti Rajesh , Sanyal Kaushiki
Published: January 2019

This concluding chapter draws a few overarching conclusions from the case studies. While punctuated equilibrium, multiple streams, and advocacy coalition frameworks find most application, by and large existing political theories fail to satisfactorily explain the Indian political process reality. They also lack a common central question. To fill this lacuna, the proposed ‘legislative strategy framework’ correlates the time taken to legislation with the combination of the stance of the activists (conflictual vs collaborative) and that of the government (confrontational vs collaborative) with or without ‘trigger events’. The nine case studies underline the criticality of trigger events, and the wide range of outcomes possible. Given the range of possibilities and the sensitivity to small environmental variations, the newly emerging complex systems approach appears to be the most promising ground for the search of a new theory for this field within this broad framework.
Urdu as Persian
Authors: Dudney Arthur
Published: January 2019

Focusing on the writings of Siraj al-Din ʿAli Khan ‘Arzu’ (d. 1756), a critic of Persian literature and early theorist of what would come to be known as Urdu, Arthur Dudney shows how the sociolinguistic concept of ‘language planning’ can be used to understand the historical process through which a literary language is delineated and defined as such. Defining a new literary idiom involves identifying what that idiom is but also specifying what it is not. In the writings of Arzu and others, Dudney finds that the concept of rozmarrah (colloquial or ‘everyday’ language) was essential to defining what Urdu was, just as the exclusion of lexical items and forms of speech from Persian and Brajbhasha established what Urdu was not.
Making Sense of Bhāṣā in Sanskrit
Authors: Wright Samuel
Published: January 2019

The movement of material between Sanskrit and the vernacular was by no means unidirectional, as Samuel Wright demonstrates in his analysis of Radhamohan Thakkur’s Mahābhāvānusāriṇī-ṭīkā, a Sanskrit commentary on Bengali devotional poetry. Wright breaks down the techniques employed by Radhamohan in his exegesis of Gaudiya Vaishnava poetry, particularly his use of Sanskrit lexicon in the glossing of Bengali words and his emphasis on the technique of śleṣa (punning). He argues that Radhamohan’s apposition of Sanskrit and the vernacular though such techniques was an attempt not only to show that Sanskrit poetic theory could be used to explain how vernacular poetry ‘works’ (that is, achieves its effects), but also to establish that such vernacular poetry worked as literature, a distinction previously accorded only to Sanskrit.
Commentary as Translation
Authors: Williams Tyler
Published: January 2019

Tyler Williams examines how the monk-poet Bhagvandas, although ostensibly writing a vernacular commentary (ṭīkā) on the Sanskrit Vairāgya Śataka (Hundred Verses on Non-Attachment) of Bhartrihari, in fact adapts the genre of the commentary so as to transform Bhartrihari’s poetic anthology into a religious treatise. In doing so, Bhagvandas gives his audience—the monastic and householder members of the Niranjani Sampraday, as well as members of other devotional sects and even courtly elites—not only access to the Sanskrit original, but also radically transforms that source text in the process.
Poetry in Ragas or Ragas in Poetry?
Authors: Sinha Raman P.
Published: January 2019

In this chapter Raman P. Sinha makes a bold effort to uncover broad correlations between the verbal content of poetry that is typically set to music and the ragas in which these poems are performed—not at the level of specific compositions but in regard to a poet’s entire oeuvre. Using standard editions as his base, he deals with padas attributed to four leading Hindi poets of the early modern period: Kabir, Surdas, Mirabai, and Tulsidas. Correlating the life stories of these poets with the musical dimensions of their poetic output, Sinha comes to a number of thought-provoking conclusions. Chief among them is his observation of a reverse relationship between the variety of ragas used and the variety of life situations out of which they arise. In music as in life, finds Sinha, Mirabai and Kabir stand at opposite ends of the spectrum.
Searching for the Source or Mapping the Stream?
Authors: Strnad Jaroslav
Published: January 2019

Jaroslav Strnad recognizes that the existing body of Kabir’s poetry was produced by the interplay of both oral and written traditions. He analyses the internal structure of individual poems as well as the organizational structure of manuscripts to show how we might trace the growth of this poetry along thematic and stylistic lines, and through the efforts of multiple performers and composers. He consequently argues that the study of poets in the early modern period—many of whose ‘original’ oeuvres are as elusive as that of Kabir—might be more fruitfully pursued as the mapping of such ‘streams’ of poetic development, rather than as a hunt for ur-texts.
Alam
Authors: Chandan Shreekant Kumar
Published: January 2019

Shreekant Chandan shows how the seventeenth-century poet Alam projected Princāmā-e Muazzam as a rightful heir to Aurangzeb’s Mughal throne in his Shyāmsnehī by borrowing notions of ideal kingship from akhlāqī discourses current at the time. He considers general questions of agency and historical consciousness in the context of courtly society before exploring Dakhani influences on Alam’s religious thought and literary production, especially as found in his Sudāmā-carit. Alam lived in the Deccan during the closing decades of seventeenth century.
The Pursuit of Pilgrimage, Pleasure, and Military Alliances
Authors: Pauwels Heidi R. M.
Published: January 2019

Nagaridas’s Tīrthānand (1753) is the memoir of a two-year pilgrimage to Braj composed by Nagaridas, also known as Savant Singh, the deposed king of Kishangarh in Rajasthan. Pauwels delineates how the ‘culturally mediated category’ of pilgrimage structures Nagaridas’s experience and its narratological reconstruction in the versified memoir. Just as pilgrimage itself is a polysemous experience that satisfies multiple goals and needs, so the Tīrthānand too works at multiple levels. As Nagaridas narrates events in the mundane world—visits to temples, devotional singing, religious plays, and the like—he frequently elevates these happenings onto the mythological plane of Radha and Krishna’s eternal Braj. Yet contemporary political circumstances and errands of royal necessity intrude at critical junctures of the narrative. The Tīrthānand is thus a tribute to mythical Braj, a travelogue, and a chronicle of contemporary political and social developments.
Religious Reading and Everyday Lives
Authors: Bachrach Emilia
Published: January 2019

Emilia Bachrach paints a vivid ethnographic picture of vārtā satsaṅgs in present-day Ahmadabad—meetings in which female members of the Vallabha Sampraday read and discuss sections of the Sampraday’s two central hagiographies, the Caurāsī vaiṣṇavan kī vārtā and the Do sau bhāvan vaiṣṇavan kī vārtā. Showing how these women use the stories of the saint’s lives to understand and navigate their own social and religious worlds, Bachrach argues that such religious reading practices are an active and productive process, providing a space for debate, interpretation, and exploration of sectarian identity.
Historiography
Authors: Chattopadhyay Rupendra Kumar
Published: January 2019

This chapter is devoted to a brief outline of the vast historiography devoted to the various aspects of the settlement matrix of the concerned eastern littoral. Before highlighting the major researches in the field, a brief mention of the antiquarian activities since the 19th century pertaining to the study area has been attempted. Depending on the thematic aspect, the historiography has been delineated in different sections and ultimately the major objective and scope of the present work has been projected.
Introduction
Authors: Bandyopadhyay Sekhar , Buckingham Jane
Published: January 2019

The Introduction sets out the parameters of the book Indians and the Antipodes: Networks, Boundaries, and Circulation. It argues that India and the Antipodes—Australian and New Zealand—are now and historically have been linked by a shared imperial past and the networks of institutions, language, and markets which are parts of the present Commonwealth. India, Australia, and New Zealand participate in circulatory patterns of peoples, goods, services, culture, and ideas and the introduction sets out the way in which this book will analyse these pathways of connectivity. It defines terms such as ‘diaspora’ and ‘Antipodean’ as they will be used throughout the collected chapters and positions the history of Indian migration to Australia and New Zealand within a comparative Australian and New Zealand context. It argues for the uniqueness of the transnational examination of Antipodean Indian migration and the importance of the inquiry.
Identity and Invisibility
Authors: Nachowitz Todd
Published: January 2019

Shipping logs reveal that the first Indians to set foot on New Zealand soil were two young lascars from Pondicherry who arrived on a French East India Company ship in 1769—the year that James Cook first visited the country. Indian arrival in New Zealand was, therefore, contemporaneous with first European contact, a fact never before recognized in the extant literature on nation-building. Since then hundreds of Indian sepoys and lascars accompanied British East India Company ships to New Zealand, many going through Australian ports seeking work with sealing expeditions and on timber voyages. In the early nineteenth century, some of the lascars began to jump ship, marry local Maori women and settled down in New Zealand. This chapter argues that Indians in New Zealand can claim a history that goes as far back as the earliest Maori–European (Pakeha) contact.
Indian Migration to New Zealand in the 1920s
Authors: Roche Michael , Venkateswar Sita
Published: January 2019

Racist attitudes against Indians appeared in New Zealand from the 1890s resulting in the Immigration Restriction Amendment Act of 1920. This Act required potential Indian migrants to provide photographs and other details for certificates of registration, enabling them to re-enter the Dominion within a three-year period. Drawing on a selection of immigration files, this chapter offers a preliminary exploration of mobility patterns of early Indian migrants to New Zealand as well as an interpretation of how they represented themselves based on the portrait photographs they provided for their registration certificates. The chapter argues that this piece of legislation intending to restrict Indian immigration can now be interrogated to reveal more about the first generation of post–World War I Indian migrants to New Zealand.
‘A Rich Tapestry’
Authors: Leckie Jacqueline
Published: January 2019

This chapter presents a micro-history of Sir Anand Satyanand, New Zealand’s first governor general of Asia-Pacific origin. Sir Anand Satyanand’s maternal and paternal great-grandparents migrated from India to Fiji as indentured labourers in the 1880s. His father moved to Auckland for his medical education and practice and his mother was a trained nurse in Auckland. Sir Anand was trained as a lawyer and eventually was appointed New Zealand’s governor general. His life story reflects the colonial and postcolonial interconnections between India and the Antipodes and the strength of the Indian contribution to the making of New Zealand. This chapter demonstrates how racial boundaries are transcended by Indian migrants through struggle, educational priority, familial relations, and intergenerational mobility.
Negotiating Indianness
Authors: Booth Alison
Published: January 2019

This chapter focuses on the cultural economy of Auckland as a way to explore manifestations of diversity within the present-day Indian diaspora in New Zealand. The majority of recent migrants to New Zealand live in Auckland and are young professionals and students from Punjab and other parts of north India, whose cultural preferences differ from the more conservative earlier generations of settlers. This chapter investigates the divergence of views on what constitutes authentic Indian culture in New Zealand, particularly the tension between ‘traditional’ and ‘pop’ cultures reflected in the debates over publicly funded performing art events such as the Diwali festival. The chapter points to problems arising from New Zealand government and local council efforts to support multicultural policies and practices without due recognition of the internal diversity of New Zealand’s Indian diaspora.
Meaning of Rule of Law
Authors: Narasappa Harish
Published: January 2019

This chapter analyses the theoretical and practical meaning of the term ‘Rule of Law’. Shklar’s categorization of the rule of law theories into the Aristotelian and Montesquieu archetypes on the basis of political objectives and the organization of the state and the distinction between the thin and thick theories is discussed to explain the various components that comprise the rule of law. The relationship between such components and various political, social, and economic choices is examined to lay the ground for understanding the choices made in the Constitution and their impact on the rule of law. To explain and analyse the practical approaches to the rule of law, the primary focus is on understanding its various components as identified by various groups. As the WJP’s approach is the most comprehensive approach currently available, the factors identified by them are explained in considerable detail.
Rule of Law and Lawmaking
Authors: Narasappa Harish
Published: January 2019

A dysfunctional legislature and a powerful executive severely weakens the rule of law. Lawmaking should not become an exercise of power by the majority but instead strictly adhere to the legal process which includes dialogue, reasoning, and open debate. By examining the functioning of Parliament and state legislatures over the years, the adherence, or otherwise, to the established process in the making of laws is critically analysed. The nature of the modern state, particularly a state that has a primary role in the social and economic life of society, has meant a regular exercise of the power of delegated legislation. Delegated legislation is accompanied by the threat of an arbitrary exercise of power as well as the influence of irrelevant considerations in decision-making. Using specific examples, the chapter examines whether the use of delegated legislation in India has been a threat to the Rule of Law.
Introduction
Authors: Roy Kaushik
Published: January 2019

Before the onset of global war in 1941, the war that engulfed the world between 1914 and 1918 was known as the World War or Great War. For example, The Real War, 1914–1918 was published by B.H. Liddell Hart in 1930 and expanded as A History of the World War 1914–1918...
Manpower Mobilization and Indian Society
Authors: Roy Kaushik
Published: January 2019

This chapter analyses the course and consequences of combatant and non-combatant manpower mobilization for the Indian Army during the First World War. The quantum of manpower mobilization by British India has been put in a proper context, by comparing it with other colonies and metropolitan powers. Recruitment of the combatants and the non-combatants is studied within the overall political, social, and military contexts. The pre-combat and in-combat motivations of the recruits have also been taken into consideration. This chapter is a fusion of both social history (which communities were recruited and why) and organizational aspects (changing mechanisms of military recruitment). At times, this chapter also takes on the colour of an exercise in the history of ideas, as the ideological roots of British recruitment policy are analysed.
East Africa
Authors: Roy Kaushik
Published: January 2019

In 1914 at the Battle of Tanga, the Indian troops performed badly because of inadequate training and hardware. After Tanga, mainly dispersed small actions rather than decisive great battles characterized the campaign in East Africa. Sporadic small-unit actions resulted in mostly battalion-size engagements, rather than mass infantry armies colliding with each other within a confined space as in France. Bush fighting required skirmishing, sniping, ambush, reconnaissance patrol, and so on—tactical forms in which the Indian infantry, who were veterans of North-West Frontier fighting, were well acquainted. However, ‘raw’ sepoys required some time to adopt this specialized form of combat technique. From mid-1917 onwards, material superiority and adoption of proper techniques of bush warfare by the British and Indian troops enabled them to keep the Germans on the run.
Victory in Mesopotamia
Authors: Roy Kaushik
Published: January 2019

This chapter focuses on the aftermath of the Kut disaster and portrays how the British Indian force in Mesopotamia was transformed. The focus remains on command, organization, and technology of the Indian Army in the battlefield and the supporting logistical backup. The interaction between technology, tactics, training, and logistics is emphasized. Under Stanley Maude’s dynamic leadership and supported by large amount of resources from both Britain and India, the Mesopotamian Expeditionary Force emerged victorious over the Ottomans by early 1918. The first section shows the limited and cautious advance of the British Indian force. The second section portrays how the transformed British imperial force conducted deep penetration campaigns against the Ottomans. The last section describes the endgame in Mesopotamia.
Domicile and Residence
Authors: Govindaraj V.C.
Published: January 2019

The domicile of a person is in that country in which he either has or is deemed by law to have his permanent home. The concept of domicile is the creation of law. A person acquires a domicile in a country based on his intention to set up residence there permanently animo et facto, that is, intention and fact of residence. The Indian Conflict of Laws, though by and large based on the English Conflict of Laws, nevertheless rejects the English doctrine of revival of domicile of origin by virtue of Section 13 of the Indian Succession Act, 1925.
Law of Persons
Authors: Govindaraj V.C.
Published: January 2019

The Indian subcontinent is inhabited by three principal communities, namely the Hindus who are in the majority, followed by Muslims and Christians. The Christians, though numerically in the minority, enjoyed the support of the British rulers for them to claim a separate legal status. Hindu law did not permit divorce, whereas Muslim law allowed divorce only the male spouse and Christian law allowed divorce to both the male and the female spouses. Conversion to Islam by the Hindus and the Christians brought about inter-personal law conflicts. The Regulating Act, 1781, enacted by the British rulers, introduced the rule that in a court action, where the parties professed different religions, the applicable law was the law of the defendant. As this rule failed to produce a satisfactory result where a Hindu wife, who got converted to Islam, could not get divorce that she sought because Hindu law did not permit divorce, Ormond, J. introduced the norm of justice, equity, and good conscience. Recent reforms in the Hindu law, coupled with enactment of the Muslim Marriage Act, 1939, brought about relief to wives who embraced Islam and sought relief. Courts played a significant role by giving a divorced Muslim wife maintenance right for life.
Foreign Arbitral Awards and Foreign Judgments Based upon Such Awards
Authors: Govindaraj V.C.
Published: January 2019

The New York Convention on foreign arbitration, by Article V (1) (e) lays down a procedural norm that an arbitral award, duly rendered, attains finality if, and only if, a domestic court endorses it. This procedural norm was endorsed by the Supreme Court of India in two leading cases. The ratio that the Supreme Court employed in the above-mentioned cases is in accordance with Section 17 of the Indian Arbitration Act, 1940. Such an endorsement by a local court of the forum that was required under Article V (1) (e) of the New York Convention was done away with by the Arbitration and Conciliation Act, 1996 under Section 35. The forum for the conduct of arbitration in the country of the applicable law also is not indispensable; and it is for the court exercising jurisdiction to determine, on the basis of balance of convenience, the place for the conduct of arbitration, taking into consideration the local status of the parties, such as that one of the parties cannot afford to go to the country of the applicable law, coupled with the availability of evidence, oral and documentary, at the place where the court is exercising jurisdiction.
Property
Authors: Govindaraj V.C.
Published: January 2019

Property may be movable of immovable. The law that governs movable property is the law of domicile of the party, that is, lex domicilii. The law that governs immovable property is the law where it is situated, that is, lex situs. Immovables not only mean lands, but include all estates, interests and charges in and over lands. They include freehold and leasehold interests, freehold lands subject to a trust for sale though the sale has not taken place, rent charges, mineral rights, and also the interests of a mortgagee. However, rent charges arising out of an equitable claim, based on a contract between parties, partake of the character of a movable property, which can be recovered by an action in an Indian court, the presence of the defendant within its jurisdiction being the condition precedent. There is yet another well-established principle of conflict of laws that municipal courts refrain from exercising jurisdiction in respect of title to, or any kind of right or interest in, foreign immovables.
From Bihar to Delhi
Authors: Gupta Dipankar , Jahanbegloo Ramin
Published: January 2019

This section provides a biography of Dipankar Gupta starting from his early childhood to his college life at the Delhi School of Economics and JNU. It informs the readers about the several influences—migration and metropolises, orthodox and apolitical family, Western Pop music, philosophers and professors—Gupta had, which helped him shape his own opinion and ideology. From Partition to the Nehruvian era, Emergency to the war with China, many significant historical events and their impact on Gupta’s ideology, have been discussed here. He also discusses his perspective on religion and how Marx and Durheim’s views on religion impacted him. A great admirer of Tagore’s work—particularly his views on humanism, aesthetics, religion, and politics—he became aware of them in his twenties and was tremendously overwhelmed by the perspicacity and insight with which he propounded these issues.
Caste, Village, and Modernity
Authors: Gupta Dipankar , Jahanbegloo Ramin
Published: January 2019

Gupta reflects on a range of issues in Indian society as encountered during his research. The discussion about the two-way relationship between rural and urban India moves to how modernity should be understood in terms of social relations. Gupta posits that modernity is different from contemporary. It is about respecting others as equals. There are resistances towards achieving modernity in India because the rich and the poor live in different worlds. Caste structures also play a role, inhibiting people to cross boundaries. With the dismantling of the old economy, caste does not function as system but as identity. Urbanization is the greatest threat to caste. The relationship between caste and elections is misunderstood, There is no caste anywhere that can, on the basis of its own numbers, win elections.
Communalism and Ethnicity
Authors: Gupta Dipankar , Jahanbegloo Ramin
Published: January 2019

Gupta discusses the concept of ethnicity through his study of the Sikh identity. He underlines the importance of context in the interpretation of culture. In the 1980s, Sikhism was seen as a religion that encouraged separatist doctrine. Communalism and ethnicity are the biggest enemies of fraternity and they are extremely dangerous because they rest primarily on passion. Gupta discussed the importance of the triadic framework for peace to reign. When the traid fails, it leads to misrecognition, which is a mutual phenomenon. The role of sociologists in a democracy lies in demolishing essentialist views of other cultures, whether they are based on religion, caste, or nation. India offers a unique diverse ground for testing social theories.
The Challenge and Possible Replies
Authors: Gur Noam
Published: January 2019

This chapter forms the first step in a critical analysis of the pre-emption thesis which extends over Part I of the book. The chapter focuses on certain situations in which we ought to disobey a directive for morel reasons (Section 2.1). If these (or some of these) are cases where Razian authority is defeated by some of the reasons it is supposed to exclude, they will constitute counterexamples to the pre-emption thesis. Two ways in which proponents of the pre-emption thesis may seek to avert such a conclusion are singled out for consideration in later chapters: the first subsumes the relevant situations as cases of lack of authority (‘the no-authority reply’); the second locates them outside the scope of exclusionary force exercised by the authority’s directives (‘the scope-of-exclusion reply’). Further discussion confirms that these two alternatives exhaust the available routes of response to the challenge at hand (Sections 2.2–2.3).
The Dispositional Model Advocated
Authors: Gur Noam
Published: January 2019

This chapter puts forward arguments in support of the dispositional model, and defends it against possible objections. The chapter begins by highlighting the key advantages of this model over the alternatives discussed earlier in the book (Section 8.1). It is then argued that the law-abiding disposition at the centre of this model cannot be adequately substituted (at least not on a general basis) by methods of inducing law compliance through punishment or reward (Section 8.2), and by moral dispositions independent of the law (Section 8.3). Subsequent comments are intended to allay possible doubts about whether the dispositional model sufficiently accommodates the possibility of disobedient action in response to legal immorality (Section 8.4). Finally, the extent to which the dispositional model corresponds with the reality of common attitudes towards law is discussed by recourse to empirical studies on the causes of law compliance (Section 8.5).
Dissecting the Micro-Deliberative Approach
Authors: Bächtiger André , Parkinson John
Published: January 2019

Chapter three distils lessons about deliberation from two decades of standard, quantitative political science methods in two contexts: deliberative minipublics and parliaments. The discussion reveals that while such pioneering research has generated rich results about preference transformation and citizens’ capacities to engage in quite sophisticated deliberation, it has also tended to treat such venues as closed systems, isolated from their social and political contexts; to over-generalize from what are rare conditions. Related problems with research on parliaments are then discussed. The picture that emerges is highly ambiguous: the classic elements of deliberation turned out not to be a single phenomenon but several, which did not vary in the same direction; and there are trade-offs between deliberative and democratic standards. But there are also important methodological problems that, the chapter argues, means the results give less comfort to sceptics about the value of deliberation.
New Directions in Micro Research
Authors: Bächtiger André , Parkinson John
Published: January 2019

Chapter four assesses a series of proposals in the literature for refinements to, and escape routes from, the dilemmas posed in chapter three. They reject a series of amendments that contextualize deliberation in somewhat crude ways, often through simple typologies that link communicative and setting types. Such approaches fail to appreciate the fact that deliberative acts can mean different things given goals and contexts, and underplay both agency and social creativity in complex settings. Instead, the authors recommend disentangling deliberation from other communicative modes and deploying a much broader range of methods to understand meanings in context, as well as a broader understanding of what contextual awareness entails.
Assessing and Measuring Deliberativeness
Authors: Bächtiger André , Parkinson John
Published: January 2019

Chapter seven takes the results of the four previous chapters and discusses their implications for the analysis of deliberation per se (a micro phenomenon) and the deliberative quality of democratic systems (a macro one). After specifying contrasting implications of the additive and summative views, it then looks at what kinds of methods can address the key research questions that have arisen in the discussion, recommending a problem-led, pluralist approach rather than insisting that deliberative democracy can only be studied by either qualitative or quantitative means. The chapter then surveys a number of novel methods that can be used to map and measure deliberative quality, from formal indicators to more qualitative tools, including new computer-aided methods developed in corpus linguistics and psychology, and gives examples from a current project on Scottish independence.
On Method
Authors: Nasrallah Laura Salah
Published: January 2019

Those who use archaeology to interpret New Testament texts run the risk of reintroducing past problems: Orientalist underpinnings that assume that the Mediterranean is static, unexamined feelings about the numinous nature of an object, the idea that archaeology gives a clear window onto the past. In addition, “biblical archaeology” has often served historical positivism, with object or inscription used to “prove” some biblical text or character. Yet, despite these problems in “biblical archaeology,” archaeological materials are necessary for a full study of antiquity. Evidence from material culture allows for a deeper understanding of local contexts and fuller, if imperfect, information about the lives of the less than elite. Moreover, by paying attention to material culture, we enter into a larger conversation about how to write history, particularly in conversation with feminist materialist historiography and recent theories that take seriously the idea that objects themselves have agency.
On Slaves and Other Things
Authors: Nasrallah Laura Salah
Published: January 2019

This chapter argues that the letters of Paul are thoroughly infused with the slave-trading mentalities of the Roman world. Greek and Roman law and literature present the enslaved person as being both person and thing. Onesimus, a slave passed between Paul and Philemon, appears as such a person and thing in Paul’s letter to Philemon. Ephesos was a likely location of the household of Philemon. Within the city, we find evidence of slaves, slave traders, and the regulation of the lives of the enslaved. Additional evidence from Corinth and Delphi indicates the complex lives even of manumitted slaves, who retained ties to their former masters. The chapter concludes by arguing that those who first received the letters of Paul and their language of slavery and discussion of slave status would have been provoked to consider their own legal and social situations and the possibility of being slave, free, or in between.
On Poverty and Abundance
Authors: Nasrallah Laura Salah
Published: January 2019

Even in the mid first century ce, Roman Philippi was still marked by its colonization by Roman veterans from the civil wars at the time of Augustus. One example of this is the cult of the god Silvanus there, a cult rarely attested in the East. The Silvanus cult celebrated its members’ donations, including the small donation of fifteen denarii offered for a painting. The small donations of this cult allow us to investigate poverty and economics in the Roman world. The Letter to the Philippians is full of financial language, indicating complex business ties between Paul and those to whom he wrote. The inscription and the Letter to the Philippians reveal economic engagement at low levels, evidence of the ways in which the less than elite sought to contribute to each other and their God(s). This theological and economic imaginary resonates with critiques of neoliberalism today.
Epilogue
Authors: Nasrallah Laura Salah
Published: January 2019

This book has investigated not Paul but his letters, not only his letters but his letters in their place. Its focus has been the possible lives of those to whom Paul wrote: their conditions of poverty and relative wealth, the political struggles under which they operated, the “biographies” or stories of the cities in which they dwelt, the choices of theology-philosophy and praxeis they had at hand.
Race, Region, Representativity, and the Folklore Paradigm
Authors: Birenbaum Quintero Michael
Published: January 2019

Chapter 4 examines the assimilation of Pacific musical practices into the paradigm of folklore at the mid-twentieth century, marking a new relationship between cultural practices and the epistemologies and socialities that undergird them. Folklore was part of a broader process defining the figure of the people and resignifying their role, including racial imaginaries, in the Colombian nation. The discussion traces the structure of the invisibility of blackness from conceptualizations of the nation’s cultural foundations, and shows how innovative practitioners were able to parlay much-circulated discourse about the Colombian regions into recognitions of the Pacific as a culturally salient region, and of blackness as among the nation’s cultural wellsprings. Paradoxically, it was through the same, often disempowering, practice of reification that the affirmation and representation of the local became possible, even as the circumscription of the folkloric object made it possible for a number of different meanings to be injected into it.
Medical Conceptions of Health from Antiquity to the Renaissance
Authors: Pormann Peter E.
Published: January 2019

This chapter offers a survey of ideas about the healthy body beginning with the Hippocratic Corpus and proceeding through the influential works of Galen to the medicine of the Islamic and Latin Christian worlds. The four humor theory Galen developed on the basis of earlier medical writings became fundamental for later doctors, as did his ideas about scientific method and the theory of the six “non-naturals” that influence health. By manipulating diet, exercise, sexual activity, and so on, the doctor can preserve health and prolong life. Arabic and Latin medical writings built upon the foundations laid by Galen by engaging in further empirical investigation (including animal experimentation) and systematizing medicine as a science.
The Soul’s Virtue and the Health of the Body in Ancient Philosophy
Authors: Allen James
Published: January 2019

This chapter undertakes a comparison between ancient philosophy and ancient medicine, showing that in Greek works and texts of the Roman period a parallel was drawn between the therapeutic art of medicine for the body and philosophy as a form of therapy in its own right. Attention is also paid to the epistemological dimension of medicine, with a variety of thinkers taking different stances on the kind of knowledge available to medicine and its sources. Do doctors have a mere “knack” for curing like rhetoricians with their art of persuasion, or is medicine a science in the full and proper sense? Authors and traditions covered include Plato, the Stoics, the Epicureans, and the Pyrrhonist Skeptics, as well as medical thinkers like Diocles and Herophilus.
Health in Arabic Ethical Works
Authors: Adamson Peter
Published: January 2019

This chapter focuses on the idea of ethics as a form of medicine for the soul, inspired by Greek works including the Galenic corpus and espoused in the Islamic world by Abu Bakr al-Razi, Abu Zayd al-Balkhi, and Miskawayh. It is proposed that we should take this idea seriously on the basis of pervasive parallels between bodily and “spiritual” medicine, for instance the need for preventative measures, the tailoring of such measures to particular patients, the claim that a person may be unaware of their own illness or deficient state, and above all the idea of “balance” in the humors of the body and the parts of the soul. It is also asked whether philosophical argument is really a plausible means of curing maladies of the soul like emotional disturbance.
Reflection
Authors: Nokes Richard Scott
Published: January 2019

The very word “leech” for a medieval physician sounds romantic, in the way that practices from the past can seem exotic and alien. I must admit, that even after years of studying medieval Anglo-Saxon medical books, the first time I entered the British Library manuscript room to examine ...