3 J. Indian L. & Soc'y [i] (2011-2012)

handle is hein.journals/jindlas3 and id is 1 raw text is: JOURNAL OF
INDIAN LAW AND SOCIETY
Volume III                                             Winter
FOREWORD
The Journal of Indian Law and Society was initiated with
the aim of creating a space for the discussion of law in relation to
contemporary social, political and economic issues. Recent events
have convinced us about the continuing need for an India-centric
study on law and society. The debate regarding the Commerce
Ministry's initiative to try and push for Foreign Direct Investment in
Retail, the Bar Council of India's countywide agitation to retain control
of legal education with it and the recent cartoon controversies that
engulfed the nation - a study of all of these issues would be incomplete
by a mere legal analysis, without contextualizing them through the
prism of greater societal considerations. These events also are proof
of the fact that there is a need to carve out a space to examine such
issues from an Indian societal perspective. With the launch of another
issue of the Journal of Indian Law and Society, we believe that we
are moving towards our goal of being a hub of such India-focused
law and society debate and writing. The papers chosen for this issue
bear testimony to this.
Three of the papers in this issue analyze the rhetoric used in
judgments to understand the wider public discourse they contribute
to. Like Justice Richard Posner has argued in his latest work, How
judges Think, that socio-economic background and personal beliefs
exercise great influence on the way US Supreme Court judges
adjudicate cases, similarly a case comment in this issue brings out the
patriarchal mindset of the judges in a recent verdict of the Karnataka
High Court. The comment written by Kalyani Ramnath analyzes
judicial pronouncements tracing the skewed development of right of
choice in a marriage, with different standards being set for men and
women. The judges' archaic belief of women in need of greater

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