Castes, tribunaux et droit. Approches critiques du conservatisme judiciaire

Droit et Cultures

关键词: Atrocities;    Critical Legal Studies;    Dalits;    Hate Crime;    Legal Conservatism;   

DOI  :  

来源: DOAJ

【 摘 要 】

This paper is an attempt to understand the effects of caste in shaping and channeling the legal process. It employs the conceptual devices developed but critical legal studies and critical race theory in understanding our legal institutions and the culture that it is embedded with. It also draws on the criticism for various activists and legal experts in understanding this phenomenon. The paper assumes that legal institutions and processes are deeply affected by the socio-cultural aspects of the society. This can be seen in legal reasoning both at the level of judicial discourse and the attitudinal aspects of the judicial personal at the informal level. Since discrimination and bias, in all its aspects cannot be demonstrated through quantifiable data it attempts to critically examine the views, cues and observations of its victims. It also will analyze the secondary literature and the discourse that deals with legal conservatism. Finally, it attempts to provide viable answers to this problematic.

【 授权许可】

Unknown