Wednesday, March 29, 2006

Annual Review of the Supreme Court

Was directed the Annual Review of the Supreme Court a few weeks ago by a friend (http://www.jstor.org/journals/00819557.html. Unfortunately accessible only to those have a subscription to JSTOR or Athens or such like). Even before browsing its content in great detail am taken by the possibility of doing something along these lines on the Indian Supreme Court. Of course there are journals like the Annual Survey of Indian Law brought out by the Indian Law Institute. However without belittling their contribution to the study of Indian law I am hoping that we can move beyond such efforts by actually generating a body of commentary and scholarship that can enter into a serious dialogue with our courts.
Any ideas/takers?

Monday, March 27, 2006

On Legal Traditions

In a very convoluted way this takes of from Vikram's post on M C Setalvad's Common Law in India and his silence on the Statute of Frauds question. Was reading Harrold Berman's Law and and Revolution II: The impact of the protestant reformation on the western legal tradition (http://www.political-theory.org/books/reviews/berman.html), where Berman mentions in passing the incorporation of the statute of frauds ( in the 1660s) as a rule of the English Common Law courts as it took over the jurisdiction of the prerogative courts of the Stuart-Tudor Monarchy in the thick of the English Revolution (1640-1689).

Anyway all this detail aside, both Setalvad's lecture (of which I have only read a review by Marc Galanter in JSTOR) and Berman's prolific writing on the Western legal tradition have raised a couple of question for me.

1. Why has the approach of studying 'legal traditions' lost steam in the contemporary study of law ?

2. If we were to talk of an 'Indian Legal Tradition' (one presumes that Setalvad despite his love for the mother jurisprudence of the English Common Law was attempting something along these lines) where would we start? What directions would such an enquiry take us?

Any thoughts?

Friday, March 03, 2006

TDSAT's Web Presence

Check out TDSAT's cool new website: http://tdsat.nic.in/ The Tribunal has been posting all its judgments online for some time. But it has also been putting out its orders recently. All this transparency should spur more analysis and critical comment on communications law. But sadly, there isn't much. If you know of any good articles, do let me know. I will gratefully acknowledge.