Disputes and arguments amongst nomads : a caste council in India
This book provides the first detailed analysis of a traditional Indian legal institution, a caste panchayat. It discusses the organization of the panchayat, the cases handled by it and the rationale behind its decisions and also the reasons why such institutions are not compatible with the Indian democracy.
Hostile witnesses, judicial interactions and out-of-court narratives in a north Indian district court
This article examines the argument that people in India are strongly oriented towards litigation in court as against other forms of negotiation or advising. In spite of the centrality of the court system to Indian public life, the flow of cases arriving at court does not reflect any such fixed preference. Going to court may simply be a choice which the parties make in the first instance, but which will eventually be abandoned in favour of private forms of compromise. By drawing on the ethnography of a court case followed in a district court of Himachal Pradesh, this contribution will show how even in serious criminal cases where no private compromise is allowed, it often happens that all the prosecution witnesses deny before the judge what they are supposed to have previously stated to the police. The analysis of court interactions and out-of-court narratives will show how nonofficial forms of conciliation may internally unsettle the rules of evidence followed in criminal proceedings.
Reforming the Russian legal system
Preface 1. Pre-revolutionary Russian law 2. The Bolshevik experience 3. The history of legal reform 4. Forging a new constitution 5. Citizens and the state: the debate over the Procuracy 6. In search of a just system: the courts and judicial reform 7. Law and the transition to a market economy 8. Legal reform in the republics 9. Legal reform and the transition to democracy in Russia Appendix Notes Index.