A. Banerjee

The problem of Jammu and Kashmir and of the Kashmir valley in particular, must be the most explored and the most overworked theme in a variety of studies that range from conflict, to nationality and nation, to federalism, to patriotism, to security, to terrorism, to accounts of the Partition, to communal conflict, and to India-Pakistan relations. Looming large over all these scholarly imaginations is the ‘P’ factor—Pakistan, the ‘T’ factor—terrorism, the ‘S’ factor—security, and in the aftermath of 9/11 the ‘I’ factor—Islamic terrorism.


Editorial
A. Banerjee

This volume is an edited collection of the papers presented as part of an advanced seminar at the School of American Research, Santa Fe. Margins are normally discussed in terms of a centre but here the perspective is somewhat reversed: margins are not just where the rationalized administrative forms of the state are less effectively represented, but rather practices and policies outside the mainstream that somehow also play a role in constituting the state as a necessary entailment.


Editorial
Jose Maria Maravall

The issue of political obligation has been a central concern of modern political theory. Why should people obey the state? Why should individuals subject themselves to the authority of the sovereign? Early liberal theorists referred to such benefits as, peace, security, freedom, and protection of one’s basic rights, as reasons for abiding by the law promulgated by the sovereign. As the movements for democracy and greater participation gained ground, the nature of sovereign authority and the accountability of the sovereign became the primary concerns.


Editorial
Andrea Martinez

The idea of this book came to the scholars at the Institute of Women’s Studies (IWS) at the University of Ottawa in the fall of 2000 when the World March for Women was energizing the women’s movement and feminist studies globally. A general call was put out for research papers, without setting any boundaries to the authors as to what and how they should write. The response was enormous.


Editorial
Nivedita Menon

The experience of the women’s movement throughout the world has led to an increasingly critical engagement with legal discourse. In many systems the substance, structure and culture of the law are actively discriminatory to women denying them equal rights. Even in areas where there is de jure equality, the de facto position of women is far from equal because of the way all the actors involved interpret laws.


Editorial
K.G. Kannabiran

“The Constitution, it may be mistakenly believed, represents a break with India’s colonial past. What is perhaps true is that it could have been a point of departure from colonial priorities and practice. But the pragmatism that characterized executive decision-making and functioning, and the continuity that dogged the legal and judicial system, turned the Constitution on its head, entrenching distortions that stayed with the system through what should have been an era of change. It should have been plain, we may think, that rights of the people and wrongs of the government ought to be consonant with the expectations that the freedom struggle fostered in us; but when it is the letter of the law interpreted through the lens of precedent set by colonial courts which determines the course that is set for us, there is evidence that the relevant past of the freedom struggle has been wilfully relegated to a zone that is ruled by amnesia. And with that historical background absent from the understanding and interpretation of the Constitution, it is no surprise that “the institutions under the Constitution were looked upon as a continuation of the colonial system of administration”(p. 22).


Editorial