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Legacies of common law : 'crimes of honour' in India and Pakistan
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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. doi:10.1080/01436590600933404 ISSN 0143-6597.
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Official URL: http://dx.doi.org/10.1080/01436590600933404
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 | ||||
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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 | ||||
Official Date: | October 2006 | ||||
Dates: |
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Volume: | Vol.27 | ||||
Number: | No.7 | ||||
Number of Pages: | 15 | ||||
Page Range: | pp. 1239-1253 | ||||
DOI: | 10.1080/01436590600933404 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
Data sourced from Thomson Reuters' Web of Knowledge
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