Contents of Volume 6

Articles

Annu Jalais, Braving Crocodiles with Kali: Being a Prawn Seed Collector and a Modern Woman in the 21st Century Sunderbans

Globalisation has undoubtedly shaped popular conceptions of gender and society in innumerable ways. This article studies one such instance - the plight of tiger-prawn collectors in Sundarbans. The discovery of tiger- prawns - the 'living dollars of Sundarbans' - has certainly transformed the lives of women in the region beyond imagination. These women however have had to face strenuous attacks from many spheres. Based on her anthropological fieldwork, the author portrays the struggle of women in the area against patriarchy, traditional modes of exploitation and even urban notions of femininity. Braving crocodiles and even changing their religious allegiances, these women have, carved out a sphere of self-respect for themselves.

Laura R. Ford, Max Weber on Property: An Effort in Interpretative Understanding

In this article, Laura Ford explores Max Weber' writings on the subject of property. Weber, in his first dissertation, articulated legally and historically, the conception of property as a phenomenon that was dependent on organised social relationships and somewhat closed to outside participation. Later, he formulated this conception sociologically and systematically connected it to additional concepts. Ford engages with Weber' work in three broad phases (the legal phase of his first dissertation, the economic-historical phase and finally the sociological phase) in order to examine if any sociological issues emerge from the same.

Short Articles

Abhayraj Naik, Imperative Values of a Logical Forgiveness

This article deals with the nuances of the concept of 'forgiveness' and its role in shaping law and societal institutions. In the background of Aurel Kolnai's notions on the act of forgiveness, the author analyses the different conceptualizations of forgiveness. The logical paradox of forgiveness as formulated by Kolnai is considered. The article argues that the notion of 'divine forgiveness'' is not vulnerable to this paradox. Hence there is a need for interpersonal forgiveness to adopt some of the premises on which divine forgiveness is based on. The critical interrelations between the concepts of forgiveness, patience and trust and their role in approximating interpersonal forgiveness with divine forgiveness are discussed.

Comment

Pradip Prabhu, Inclusion in Law and Exclusion in Praxis: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006

In this comment, the author describes the intricacies of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. He highlights the role of the forest dwellers in urging the legislature for the enactment of such legislation. According to the author, it is unjustified on the part of the government to acquire forest land without following the due process of law.Throughout his work, the author focuses on answering the question as to whether the Forest Rights Law can replace a conservation regime based on the exclusion of the citizens from the forests.

Sudha Ramalingam and R.S. Akila, The Right to Life Endangered

In this insightful article, Sudha Ramalingam and R.S. Akila highlight the apathy of the State machinery, judiciary and the civil society towards the increasing violations of the right to life through encounter killings. Tracing the history of response to encounter killings, the authors illustrate how perpetrators of this extra-legal deprivation of life and liberty are glorified in news media, revered by the State and civil society, and thus enjoy immunity from the clutches of the criminal justice system. The situation prevalent in a relatively stable Tamil Nadu is especially highlighted in order to demonstrate the falsity of the assumption that encounter killings are widespread only in conflict-ridden states. The willingness of society to acquiesce while the law of the court is replaced with the law of the street is attributed to the lack of faith of civil society in the criminal justice system. The authors lament the proliferation and acceptance of these extra-legal killings in a constitutional democracy like India, labelling the same to be unacceptable.