This article examines claims about the substantive importance of black letter law for those having marriages of choice in India and offers a critique of the ways in which legal procedure is manipulated. The law is 'bent' not only by the courts and the police to undermine the intentions of legislators and to uphold conservative communal values but also by ordinary people who seek to promote their own agendas and to make moral and instrumental claims. These can make significant space for individual desires and self-choice in the realm of intimate relationships. 'Love jurisdiction' is used to explore this process of 'intermanglement' through which love, romantic relationships and moral rights in relationships get entangled (and sometimes mangled) through legal statute, procedures and everyday practices.
In support of free-standing Indigenous legal systems
Comparisons of US tribal courts and Canadian First Nations courts
Bruce Granville Miller
each tribe's court holds jurisdiction over civil, criminal, traffic, and fisheries issues involving both Indians and non-Indians (the term used in law). Federal law, especially the Major Crimes Act of 1885, muddies the issue of jurisdiction by
What Happens to Indigenous Law in the Museum?
Emily Jean Leischner
accessioned and cataloged, its dispossession is formally legalized and the museum's own jurisdictional authority is “written on top of” already existing Indigenous laws that are embodied and expressed in material culture. 2 In other words, the anthropology
Legal responsibility in an entangled world
Julia Eckert and Laura Knöpfel
that reflect how global entanglements cross existing jurisdictional boundaries, transgress distinctions between legal fields and connect actors, places, and jurisdictions at different scales. We read these struggles as an expression of the disconnect
On a Concept of Black Politics
? Deleuze and Guattari (1994) posit that a concept is defined by the multiplicity of components within its conceptual jurisdiction. Further, ‘there are no simple concepts. Every concept has components and is defined by them. It, therefore, has a combination
Violence, Development, and Canada’s New Transnational Jurisprudence
Eliza Guyol-Meinrath Echeverry
based primarily in Perth, Australia, it also has an office in Montreal, Canada. ACCI argued that this gave Canada jurisdiction over the case. While the Superior Court of Quebec originally accepted the case for trial, the Court of Appeal of Quebec
Conceptualizing sub-national regional cooperation
Coffee Cultural Landscape of Colombia case study
framework second-generation research, known as the Institutional Collective Action framework, it is argued that collective benefits and reduced transaction costs explain why jurisdictions decide to cooperate with each other. Therefore, cooperative agreements
Freedom from Religion in Israel
Civil Marriages and Cohabitation of Jews Enter the Rabbinical Courts
The only form of marriage that is recognized under Israeli law is religious marriage. Following the Supreme Court's ruling in the landmark 1963 Funk-Schlesinger case, Israeli authorities must register couples who marry abroad as married. In a 2006 decision, the Supreme Court held that the rabbinical court system has jurisdiction over the divorce of couples who marry civilly abroad and that it has exclusive jurisdiction over the dissolution of civil marriages of Jews residing in Israel. The Court's decision was based on Halachic principles and was pre-approved by a rabbinical court panel. However, rabbinical courts have been insisting on performing a full get (religious divorce) procedure even for civilly married couples. This article analyzes this phenomenon and speculates as to the reasons for and the direction of these developments.
Freedom Papers Hidden in His Shoe
Navigating Emancipation across Imperial Boundaries
A microhistorical inquiry into the life of Furcy, a man held in slavery in the French Indian Ocean colony of Île Bourbon (today Réunion), sheds light on shifting French policies and practices regarding race and slavery from the Old Regime to the general emancipation of 1848. The mobility of two enslaved domestic servants, Furcy and his mother Madeleine, who traveled between Bengal, Île Bourbon, Mauritius, and continental France, challenged French and British understandings of who could be legitimately held as slaves. Furcy's tenacious battle to win recognition of his freedom in multiple jurisdictions is a forgotten precursor to many international disputes over the juridical principle of Free Soil in the age of Emancipation.
The Aernoult-Rousset Affair
Military Justice on Trial in Belle Époque France
French military justice constituted an "exceptional jurisdiction": a legal subsystem designed to serve not justice but discipline, and carefully insulated from external political intervention. Reformers had attempted to ameliorate its harshness. But when the Clemenceau government elected to abort further reforms in 1907-09, it strengthened the case of radicals who insisted that military justice was unreformable by the bourgeois state. Radicals sought not to improve the quality of military justice, but to expose its linkage to the class struggle (i.e., to portray the Army and its courts as devourers of proletarian youth). When Émile Rousset alleged that Albert Aernoult, his fellow prisoner in an Algerian compagnie de discipline, had been beaten to death by guards, he created an opportunity for radicals to advance that agenda. The Aernoult-Rousset Affair (1909-12) did breach the political insularity of French military justice. Yet the Affair's political and juridical outcomes were ambiguous.