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Indian Legal System

Mahendra Pal Singh, Niraj Kumar
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      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 lawshare 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 practicesof 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 ofgroups whose affairs they regulate.
      Format: CONTRIBUTORS: Mahendra Pal Singh, Niraj Kumar EAN: 9780199489879 COUNTRY: India PAGES: WEIGHT: 466 g HEIGHT: 224 cm
      PUBLISHED BY: OUP India DATE PUBLISHED: 2019-02-14 CITY: GENRE: LAW / Administrative Law & Regulatory Practice, LAW / International, LAW / Legal Profession WIDTH: 149 cm SPINE:

      Book Themes:

      India, Law and society, sociology of law, Legal systems: general

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      Mahendra Pal Singh is Chancellor, Central University of Haryana, India, and Chair Professor, Centre for Comparative Law, National Law University, Delhi, IndiaNiraj Kumar is Assistant Professor, National Law University, Delhi, India
      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 lawshare 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 practicesof 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 ofgroups whose affairs they regulate.
      Format: CONTRIBUTORS: Mahendra Pal Singh, Niraj Kumar EAN: 9780199489879 COUNTRY: India PAGES: WEIGHT: 466 g HEIGHT: 224 cm
      PUBLISHED BY: OUP India DATE PUBLISHED: 2019-02-14 CITY: GENRE: LAW / Administrative Law & Regulatory Practice, LAW / International, LAW / Legal Profession WIDTH: 149 cm SPINE:

      Book Themes:

      India, Law and society, sociology of law, Legal systems: general

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      Mahendra Pal Singh is Chancellor, Central University of Haryana, India, and Chair Professor, Centre for Comparative Law, National Law University, Delhi, IndiaNiraj Kumar is Assistant Professor, National Law University, Delhi, India

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