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Books > Law > Jurisprudence & general issues > Law & society
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The Indian Legal System - An Enquiry (Hardcover)
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The Indian Legal System - An Enquiry (Hardcover)
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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 law share 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 practices of 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 of groups whose affairs they regulate.
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