scholarly journals Gender, Community and Sexual Violence in a Bengal Village: 1948

2018 ◽  
Vol 35 (1) ◽  
pp. 59-87
Author(s):  
Anindita Mukhopadhyay

This essay explores the inseparability of sexual violence and dominant-caste privileges embedded in structures of local power, which are finally nested within the legal institutions of the State. This essay examines the court transcripts of the trial of a village lynchpin, Gobinda Nandi, on the charge of rape. The individual to bring in the charges was a 20-year-old woman by the name of Genubala. The essay lays out the internal dynamics of the low-caste Bagdi community, as its members confront the rapist who controlled most of the village sources of livelihood. The essay turns on the refusal of the aggrieved Genubala and her husband Pashupati’s refusal to abide by Bagdi community’s unhappy decision to opt for a compromise with Gobinda Nandi. The political economy of the village power structure marks the aggrieved couple’s deliberate choice to approach legal institutions and the judicial process of the state as the crucial moment of departure from the communitarian redistributive justice and its specific life-world. But what does this choice imply for the two highly vulnerable individuals who are reluctant to be part of the Bagdi community, and who are seeking to activate the Indian State’s judicial system in their favour?

2021 ◽  
pp. 30-37
Author(s):  
Lyudmila S. Andreichenko

The article examines certain aspects in legal guarantees of the court special status as the main guarantor of the law-governed state and their impact on its activities. The author substantiates the thesis that the court and justice should be perceived as the foundation of civil society. Attention is focused on the fact that the formation of an independent and effective judicial system cannot take place without a direct and active role of the society. An important characteristic of the rule of law is the judicial system, which can act as an independent and impartial intermediary between the civil society and the state. Consequently, the path to the evolvement of a civil society must pass through the direct participation of citizens in the political life of the country and organization of a responsible judicial system. At this, justice should be considered both as a duty and the right of public authority, which is also based on the desire or unwillingness of individuals to assign such a power to the authorities. At the same time, in the spirit of the concept of separation of powers, exclusive attention should be focused on the analysis of theoretical and practical foundations of the judiciary in the conditions of the transforming Russian state, which is a complex, multidimensional task aimed at improving the legal regulation and activities of all the judicial system components, expanding the organizational and functional powers of the judiciary, as well as streamlining the rights and obligations of all participants in the judicial process. Summing up, the author notes that the judiciary in a law-based and democratic state should be based on such principles as to be independent and self-determined between the state and the individual.


Author(s):  
Richard Whiting

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.


2020 ◽  
pp. 105-130
Author(s):  
Charlotte Epstein

This chapter studies how liberty in the law evolved from being attached to a collective, metaphorical body—the medieval corporation—to being rooted instead in the individual body across a range of practices in seventeenth century Europe. It analyses the early modern forms of toleration that developed from the ground-up in Protestant Europe (Holland and Germany in particular), including the practices of ‘walking out’ (auslauf) to worship one’s God, and the house church (schuilkerk). These practices were key to delinking liberty from place, and thus to paving the way to attaching it instead to territory and the state. The chapter also considers the first common law of naturalisation, known as Calvin’s Case (1608), which wrote into the law the process of becoming an English subject—of subjection. This law decisively rooted the state-subject relation in the bodies of monarch and subject coextensively. Both of these bodies were deeply implicated in the process of territorialisation that begat the modern state in seventeenth-century England, and in shifting the political bond from local authorities to the sovereign. The chapter then examines the corporeal processes underwriting the centralisation of authority, and shows how the subject’s body also became—via an increasingly important habeas corpus—the centre point of the legal revolution that yielded the natural rights of the modern political subject. Edward Coke plays a central role in the chapter.


Author(s):  
Mike Allen ◽  
Lars Benjaminsen ◽  
Eoin O’Sullivan ◽  
Nicholas Pleace

Chapter 7 draws together some of the lessons that can be learned from the experiences of three small European countries in responding to homelessness. It is clear that responses to homelessness are embedded and enmeshed in the political and administrative culture of the individual countries, particularly the role of the state, both centrally and locally, in the provision of housing, welfare, and social services. Homelessness cannot be responded to as a separate issue from this broader context, and this is particularly the case in Finland and Ireland, where the roles of the state and market are understood very differently.


2004 ◽  
Vol 38 (1) ◽  
Author(s):  
G. Hodnett

This article looks at the importance of the state in the theologies of Paul Tillich and Arnold van Ruler. The state is the community in which both the individual and the community are actualised. It is also the institution that organises the life of the nation. The orientation of the state has a direct impact on the direction of human life. The state is the centre of power and justice in reality; it is the political core of history. The state also has the power to actualise itself according to the justice that it posits and in this process love is embedded as the ultimate criterion of justice. Love, power and justice are intimately related to the kingdom of God. The state, even the pagan state, thus performs the reuniting and saving work of God on earth.


1966 ◽  
Vol 28 (2) ◽  
pp. 172-192 ◽  
Author(s):  
E. N. Peterson

THE individual in the twentieth century finds himself dwarfed by two giant institutions which decide his political destiny: the state, with its efficient bureaucrat methodically signing papers that may mean success or failure, life or death, for everyman and his world; the other is the political party, which aspires to control the state by mobilizing the masses. Nineteenth-century bureaucracy tended to be rigid and authoritarian, yet unrelated to popular support and limited in its impact on daily life. The nineteenth- century liberal, suspicious of the state, attempted to protect the individual by further limiting the bureaucrat; the twentiethcentury liberal hopes to use the bureaucrat to limit the privately powerful, whereas the totalitarian party hopes to dominate the state and therewith to dominate everyman. When a monopolistic party controls a monolithic state, the individual seems to have no choice but to flee, to obey or to disappear into a concentration camp. Overt individual resistance appears senseless; overt group resistance extremely dangerous and almost certainly doomed to failure.


1941 ◽  
Vol 3 (2) ◽  
pp. 243-249
Author(s):  
Frank O'Malley

MOST MEN are content to believe that politics deals with the practical problems of the administration of the state. But the term can have a greater and wider significance. It can also mean, as it meant for Aristotle, the whole character of men's life in society. In the past as well as in the present, poets and novelists of every country have often devoted themselves not merely to the good of their art but directly and especially, in varying degrees, to the problem of the good of the state and of society. In an older England, for example, William Langland, Skelton, Dryden, Samuel Butler, Shelley, and William Morris, to mention only a few, have struck into political themes and preoccupations; and today the problem, from manifold aspects, of the relation of the individual to society has not been ignored by T. S. Eliot, J. M. Murry, C. Day Lewis, Stephen Spender, and even Mrs. Virginia Woolf, among others. And the “reform” of an afflicted twentieth-century America has engaged talents and humors as dissimilar as those of, say, Sinclair Lewis, John Dos Passos, Hart Crane, and Maxwell Anderson. The seriousness of such people no one would question, although the agitations of a few, particularly in periods of crisis, for a specific good polity or a specific good economy sometimes interferes gravely with what should be their chief end: good art.


2015 ◽  
Vol 8 (2) ◽  
pp. 27-36
Author(s):  
G. Kaur

This paper reflects on the dichotomy of state and culture through ‘certain groups of people’, impacting their behaviour and wants towards their own health. Analysis commences with a brief commentary on pre-independence India, whereby the rhetoric of nationalism was imprinted on individual bodies through the call for maintaining the health of a nation. This argument is then extended to include the present day-scenario of the state, whereby, the state sees itself as something beyond the individual; where it is the hub of ‘know-how’ of maintaining its population, yet at the same time distant from it. Second section presents the control of culture through community on the bodies of individual members (women). The two arguments are based on the review of an in-depth study by Jeffery and Jeffery (2010) in a village in Uttar Pradesh on the perceptions of the village population on national health policies. The article is concluded, with the necessity to understand and discover discourses of not state vs. culture (or community), but also of state and culture vs. agency vis-à-vis health and health care provisions.K


Author(s):  
A.A. Mushta ◽  
◽  
T.V. Rastimehina ◽  

The interrelated concepts of historical policy and memory policy are considered. The foundations of the relationship between the security policy of the individual, society and the state and the policy of memory are traced. The author notes the peculiarity of modern Russian and Belarusian historical politics, which is associated with the use of historical memory as a source of legitimacy of political institutions. The author shows the prerequisites for the securitization of historical and memory policy in the context of increasing risks and threats of an external nature and internal destabilization in relation to the political systems of Belarus and Russia.


2000 ◽  
Vol 41 (1) ◽  
pp. 69-88 ◽  
Author(s):  
Cindy Rosenthal

The Living Theatre is a metaphor for the sixties, its very name conjuring up the undulating movement, the pulsing flow, the argumentative spirit that characterized that time.At the center of the Living Theatre's production of Sophocles' Antigone, translator and director Judith Malina presented the verbal battle between the State/Authority/Patriarchal-figure, kreon (played by Living Theatre co-director Julian Beck), and the Individual/Disenfranchised/Woman, Antigone, (played by Malina herself). At performances of Antigone presented throughout Europe during the dynamic years of 1967 and 1968, spectators were meant to see with new eyes the incendiary struggles taking place outside the theatre. Following Antigone's example, they were meant to take on—individually—the political responsibility and the challenge, and to take part in revolutionary actions. Foregrounded onstage was the battle of the sexes, the battle of the generations, the fire in the belly of the cultural/sexual/political Zeitgeist.


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