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Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.
According to the Convention on the Rights of the Child, the goal of a social justice approach for children is to ensure that children “are better served and protected by justice systems, including the security and social welfare sectors.” Despite this worthy goal, the UN documents how children are rarely viewed as stakeholders in justice rules of law; child justice issues are often dealt with separate from larger justice and security issues; and when justice issues for children are addressed, it is often through a siloed, rather than a comprehensive approach. This volume actively challenges the current youth social justice paradigm through terminology and new approaches that place children and young people front and center in the social justice conversation. Through international consideration, children and young people worldwide are incorporated into the social justice conversation.
The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.
Gender equality has been one of the defining projects of European welfarestates. It has proven an elusive goal, not just because of political opposition but also due to a lack of clarity in how to best frame equality and take account of family-related considerations. This wide-ranging book assembles the most pertinent literature and evidence to provide a critical understanding of how contemporary state policies engage with gender inequalities.
This paper analyzes the extent of income inequality from a global perspective, its drivers, and what to do about it. The drivers of inequality vary widely amongst countries, with some common drivers being the skill premium associated with technical change and globalization, weakening protection for labor, and lack of financial inclusion in developing countries. We find that increasing the income share of the poor and the middle class actually increases growth while a rising income share of the top 20 percent results in lower growth—that is, when the rich get richer, benefits do not trickle down. This suggests that policies need to be country specific but should focus on raising the income share of the poor, and ensuring there is no hollowing out of the middle class. To tackle inequality, financial inclusion is imperative in emerging and developing countries while in advanced economies, policies should focus on raising human capital and skills and making tax systems more progressive.
Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through "Ijtihad": independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women's human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women's human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women's human rights into reality.
Pakistan’s 2018 general elections marked the second successful transfer of power from one elected civilian government to another—a remarkable achievement considering the country’s history of dictatorial rule. Pakistan’s Political Parties examines how the civilian side of the state’s current regime has survived the transition to democracy, providing critical insight into the evolution of political parties in Pakistan and their role in developing democracies in general. Pakistan’s numerous political parties span the ideological spectrum, as well as represent diverse regional, ethnic, and religious constituencies. The essays in this volume explore the way in which these parties both contend and work with Pakistan’s military-bureaucratic establishment to assert and expand their power. Researchers use interviews, surveys, data, and ethnography to illuminate the internal dynamics and motivations of these groups and the mechanisms through which they create policy and influence state and society. Pakistan’s Political Parties is a one-of-a-kind resource for diplomats, policymakers, journalists, and scholars searching for a comprehensive overview of Pakistan’s party system and its unlikely survival against an interventionist military, with insights that extend far beyond the region.
How do armies fight and what makes them victorious on the modern battlefield? In Divided Armies, Jason Lyall challenges long-standing answers to this classic question by linking the fate of armies to their levels of inequality. Introducing the concept of military inequality, Lyall demonstrates how a state's prewar choices about the citizenship status of ethnic groups within its population determine subsequent battlefield performance. Treating certain ethnic groups as second-class citizens, either by subjecting them to state-sanctioned discrimination or, worse, violence, undermines interethnic trust, fuels grievances, and leads victimized soldiers to subvert military authorities once war begins. The higher an army's inequality, Lyall finds, the greater its rates of desertion, side-switching, casualties, and use of coercion to force soldiers to fight. In a sweeping historical investigation, Lyall draws on Project Mars, a new dataset of 250 conventional wars fought since 1800, to test this argument. Project Mars breaks with prior efforts by including overlooked non-Western wars while cataloguing new patterns of inequality and wartime conduct across hundreds of belligerents. Combining historical comparisons and statistical analysis, Lyall also marshals evidence from nine wars, ranging from the Eastern Fronts of World Wars I and II to less familiar wars in Africa and Central Asia, to illustrate inequality's effects. Sounding the alarm on the dangers of inequality for battlefield performance, Divided Armies offers important lessons about warfare over the past two centuries—and for wars still to come.
Exploring representative paired and unequal categories, such as male/female, black/white, and citizen/non-citizen, Tilly argues that the basic causes of these and similar inequalities greatly resemble one another.
This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.