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SIRCAR 2
‘Violent Modernities is an expression of love as a brawl with
law for space—the space to invoke, listen to, and perform law
VIOLENT MODERNITIES
differently—in a quest marked by grace and daring.’
– Vasuki Nesiah, professor, New York University, USA
(from the foreword)
ISBN 0-19-012792-9
9780190992149
1 eBook
available Cultural Lives of Law in the New India
9 780190 127923
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₹ 1595
Violent Modernities
Violent Modernities
Cultural Lives of Law in the New India
Oishik Sircar
1
1
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trademark of
Oxford University Press in the UK and in certain other countries.
Published in India by
Oxford University Press
22 Workspace, 2nd Floor, 1/22 Asaf Ali Road, New Delhi 110 002, India
It has long been my belief that law is the most disabling or estranged
of professions. Such at least is its most radical danger: it inculcates a
fear which finds its most prominent expression in the closure of the
legal mind, in the lawyers’ belief in a norm or rule which speaks as
‘the law’.
—Peter Goodrich, Law in the Courts of Love: Literature and
Other Minor Jurisprudences (1996)
Go back to uni, study the law. Accept the law, even when it’s unjust.
—Kamila Shamsie, Home Fire (2017)
Contents
List of Figures ix
Foreword xi
Acknowledgements xvii
Preface xxiii
List of Abbreviations xli
Hanif Kureishi’s short story, ‘My Son the Fanatic’, tells the story of a
Pakistani immigrant, Parvez, and his son, Ali. Parvez invests decades
in his work as a taxi driver to create a life sustained by ambitions and
hopes for his son’s modern British future—marked for him by the
twinned ethe of tolerance and assimilation. Imagine how unnerved
he is then when he finds that as he grows up, Ali pivots towards
orthodox Islam: Turning from his accountancy exam to mosque
devotions, rejecting his cricket bat for a prayer mat, dismissing his
father’s celebration of secular moral tolerance for an authoritative
ethical compass, turning from material rewards to religious discipline,
rejecting the promise of assimilation into ‘modernity’ for the promise
of spiritual fulfilment in the afterlife, deriding his father’s debts to
white Britain, to instead embrace visions of worlding beyond those
of the West. Parvez, the mild-mannered tolerant liberal, becomes
incensed at his son’s rejection of those very promises of modernity
that provided scaffolding for his immigrant dream. He beats up his
son till Ali is on the floor, kicked, punched, and virtually insensible.
Through bloodied lips, Ali has the final word: ‘So who is the fanatic
now?’
The imbrications of the discourses and institutions of modernity
and violence have been pivotal to colonial and post-colonial histories.
This imbrication is a central dimension of our current moment from
xii Foreword
children’s agency and the complexity of their familial and social rela-
tions. It is an argument that deconstructs the affective structure of
compassion in this domain, and how it facilitates violence and abuse
against these same communities precisely by advancing narratives in
their name.
The complexity of the multiple lives of law and its disciplinary
technologies that Oishik describes is that these dynamics worked
differently for social movements seeking institutional legibility for
the sexually marginalized in struggles for the decriminalizing of
adult, consensual, and private sex. Here, the driving trope of liberal
modernity was not humanitarian compassion but the mythos of
equal rights, and how it has been invoked and deployed in ways
that domesticated the subversive thrust of queer politics. Oishik’s
argument in this discussion deconstructs the affective structure of
inclusion into neoliberal, market-friendly modernity, and how it
presses depoliticization and individualization onto queer communi-
ties precisely by advancing narratives in their name for the redemp-
tion of ‘New India’ and new markets. In both these cases, Oishik is
not just an observer but an activist and his reading of these domains
also situates his own creative interventions and solidarities in these
struggles (including, he says, in performing ‘stuckness’, following
Lauren Berlant). Thus, these are not arguments for abandoning
activism but for doing it differently by wrestling with intersecting
structures and identities to stay with the fraught political challenges
of thinking collaboratively with social movements about how to
advance justice claims but refuse ‘homonationalism’ and interrupt
neoliberal citizenship.
This a book of dazzling erudition—Oishik is in conversation
not only with other legal scholars in India and elsewhere, but also
with the theorizing of legal modernity in a range of other disci-
plines from literary theory to postcolonial studies to anthropology
to queer theory. Masterfully drawing attention to and analyzing
the assemblage of mnemohistories in the formation of a national
consciousness driven by the juridical unconscious, this work
offers a remarkable tour de force journey through battles over
the life of the law, showing the co-constitutive intimacy of con-
stitutional and cultural domains. Yet, what is most striking is the
Foreword xv
Vasuki Nesiah
Professor of Practice
Gallatin School of Individualized Study
New York University
Acknowledgements
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