ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

JurisprudenceSubscribe to Jurisprudence

Law as a Conduit of Violence

Violent Modernities: Cultural Lives of Law in the New India by Oishik Sircar, New Delhi: Oxford University Press, 2021; pp xiii + 370 , `1,399.99 (hardcover).

Engaging with ‘a Quintessential University Person’

Conversations with Ambedkar: 10 Ambedkar Memorial Lectures edited by Valerian Rodrigues, Tulika Books and Ambedkar University Delhi, July 2019; pp 282, ₹ 750.

 

Sustainable Development as Environmental Justice

The principle of sustainable development has evolved to occupy centrality in environmental jurisprudence in India. The Supreme Court has reiterated its importance in the country's environmental legal regime. However, the jurisprudence has been criticised for framing it as a zero sum game where economic development has been repeatedly used as a justification to trump environmental violations, and therefore, rendering it as only declaratory and lacking in content and sufficient teeth to shape public action. But this has compelled policy and statutory recognition of the principle of sustainable development. The National Green Tribunal Act of 2010 recognises it too. This statutory recognition has paved the way for a robust jurisprudence spearheaded by the NGT that has actively sought to evolve a standard of review for public actions in effectuating the principle of sustainable development and in doing so has departed from the reductionist utilitarianism that had characterised the jurisprudence of Supreme Court.

Legal Invention of an Artefact

White identity politics was central to the development of the American state, and informed all dominant conceptions of the nation, as seen from its immigration history and naturalisation laws. This helped establish, in turn, elaborate systems of difference based on race, gender and class interrelations, designed to maintain political domination. The American Dream promising equality was eventually fulfilled through the struggles of minority constituencies, especially by the Asian Americans. This paper explores the shaping of the Asian American identity, an invention that was tied to the state project of racial formation.

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