Baxi, Pratiksha, Rai, Shirin and Ali, Shaheen Sardar. (2006) Legacies of common law : 'crimes of honour' in India and Pakistan. Third World Quarterly, Vol.27 (No.7). pp. 1239-1253. ISSN 0143-6597

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Abstract

Through a comparative analysis of crimes of 'honour' in India and Pakistan and an examination of appellate judgments from the two countries, we reflect upon how a rights-based discourse of modern nation-states forms a complex terrain where citizenship of the state and membership of communities are negotiated and contested through the unfolding of complex legal rituals in both sites. We identify two axes to explore the complex nature of the interaction between modernity and tradition. The first is that of governance of polities (state statutory governance bodies) and the second is the governance of communities (caste panchayats and jirgahs). We conclude that the diverse legacies of common law in India and Pakistan frame an anxious relationship with the categories of tradition and modernity, which inhabit spaces in between the governance of polities and the governance of communities, and constantly reconstitute the relationship between the local, national and the global.

Item Type:	Journal Article
Subjects:	H Social Sciences > HD Industries. Land use. Labor
Divisions:	Faculty of Social Sciences > Politics and International Studies
Journal or Publication Title:	Third World Quarterly
Publisher:	Routledge
ISSN:	0143-6597
Date:	October 2006
Volume:	Vol.27
Number:	No.7
Number of Pages:	15
Page Range:	pp. 1239-1253
Identification Number:	10.1080/01436590600933404
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
URI:	http://wrap.warwick.ac.uk/id/eprint/32919

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