Resurrecting the other of 'Modern' law: investigating niyamgiri judgment and legal epistemology

Bindal, Amit (2015) Resurrecting the other of 'Modern' law: investigating niyamgiri judgment and legal epistemology. NUJS Journal of Indian Law & Society, 5 (Monson). pp. 237-247.

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The article attempts to decode how the cosmology of the world of myth and legends is evaluated in the epistemic framework of rights guided by the discourse of liberalism. It investigates the Indian Supreme Court judgment in the Niyamgiri case to analyze the encounter of ‘modern’ law with the tribal worldview informed by the mythic tradition. The article, on the one hand, celebrates the approach of the Court in its move to diversify the notion of justice by its sensitive treatment towards the languages and the logics of tribal worldview. On the other hand, however, the article points out the limits of modern liberal framework, within which the modern legal system is situated, in adjudicating the claims which are couched in the language of ‘sacred’, unknown to the institution of modern law.

Item Type: Article
Keywords: Myth and legends | Liberalism | Judgment | Niyamgiri case
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 10 May 2022 11:20
Last Modified: 10 May 2022 11:20
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