LSA panel: Non-State Law and Governance in South Asia and in the Diasporas

Law and Society Association 2012 International Meeting Honolulu, Hawai’i – 5-8 June 

Livia Holden; Lahore University of Management Sciences (Session Organizer)

Marc Galanter, U. of Wisconsin/London School of Econ & PolSci. (Co-Chair)
Livia Holden, Lahore University of Management Sciences (Co-Chair)
This session focuses on the South Asian networks that act as referents for the settlement of justice in South Asia, and furthermore analyses their translocal legal implications within the South Asian diasporas in terms of governance. The core focus of this workshop is the dynamics of the trust networks that inform the decision-making process concerning the choice of the forum for dispute resolution, especially but not exclusively, in relation to gender and power, and for their relation with governance. How practices of non-state law dispute resolution and their conceptualizations by both the socio-legal scholarship and the general public have been modified or influenced by local and translocal dynamics that have developed in South Asia in the last 40 years? How are those legal practices shaped by the post-colonial instances of the free market? And, what is the role of the geo-political stakeholders in the severance, re-establishment, variation, and perpetuation of trust networks for dispute resolution. Finally: what are the global implications of translocal forum shopping strategies and governance within and beyond the wider inter-Asian scenario of South Asian diasporas?
This workshop welcomes contributions looking at the language of the law by exploring the legal formulations, the arguments and the patterns of litigation within the everyday interactions of trust networks but also encourages multidisciplinary approaches from socio-legal scholars, anthropologists, lawyers, policy makers in a variety of domains, and activists. Authors may use a variety of methods ranging from qualitative to quantitative and including historical, ethnographic, and socio-legal analysis.
Jean-Philippe Dequen, University of London

Alternative Dispute Resolution within India’s Muslim Personal Law System

Mengia S Hong Tschalär, U of Zurich/Columbia U

Muslim Women’s Activists and Gender Reform: Non-State Muslim Women’s Bodies Negotiating Women’s Rights in Postcolonial India

Kalindi Kokal, National Centre for Advocacy StudiesTanta Mukta Gaav Samittee: A State Recognized Effort to Localize Dispute Resolution Forums
 Archana Parashar, Macquarie UniversityReligious Personal Laws as Non-State Laws: Implications for Gender Justice

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