{"title":"跨国歧视:种姓制度和印度侨民","authors":"Frédéric Mégret, Moushita Dutta","doi":"10.1080/20414005.2023.2176098","DOIUrl":null,"url":null,"abstract":"ABSTRACT Discrimination is typically thought as a domestic phenomenon. This article, by contrast, seeks to shed light on the transnational arc of discrimination as a result of the migration of exclusionary practices through diasporic dispersion. It takes as its case study the problem of casteism in the Indian diaspora. The caste system has long been known as a distinctly ‘Indian’ phenomenon, but Indian migration has arguably made the problem an increasingly global one. The complexity of dealing with casteism arises at the intersection of: competing mobilisations of different sectors of the diaspora; the effort of host societies to understand the problem as, increasingly, a domestic one; and a tenuous but significant role of the state of origin (India). At the same time, host societies often appear unprepared to deal with the issue and are confronted with issues of inter-cultural competency, the difficulty of fitting caste within existing anti-discrimination categories, and fear of unduly stigmatising an entire community.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"391 - 430"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Transnational discrimination: the case of casteism and the Indian diaspora\",\"authors\":\"Frédéric Mégret, Moushita Dutta\",\"doi\":\"10.1080/20414005.2023.2176098\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Discrimination is typically thought as a domestic phenomenon. This article, by contrast, seeks to shed light on the transnational arc of discrimination as a result of the migration of exclusionary practices through diasporic dispersion. It takes as its case study the problem of casteism in the Indian diaspora. The caste system has long been known as a distinctly ‘Indian’ phenomenon, but Indian migration has arguably made the problem an increasingly global one. The complexity of dealing with casteism arises at the intersection of: competing mobilisations of different sectors of the diaspora; the effort of host societies to understand the problem as, increasingly, a domestic one; and a tenuous but significant role of the state of origin (India). At the same time, host societies often appear unprepared to deal with the issue and are confronted with issues of inter-cultural competency, the difficulty of fitting caste within existing anti-discrimination categories, and fear of unduly stigmatising an entire community.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"13 1\",\"pages\":\"391 - 430\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-10-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2023.2176098\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2023.2176098","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Transnational discrimination: the case of casteism and the Indian diaspora
ABSTRACT Discrimination is typically thought as a domestic phenomenon. This article, by contrast, seeks to shed light on the transnational arc of discrimination as a result of the migration of exclusionary practices through diasporic dispersion. It takes as its case study the problem of casteism in the Indian diaspora. The caste system has long been known as a distinctly ‘Indian’ phenomenon, but Indian migration has arguably made the problem an increasingly global one. The complexity of dealing with casteism arises at the intersection of: competing mobilisations of different sectors of the diaspora; the effort of host societies to understand the problem as, increasingly, a domestic one; and a tenuous but significant role of the state of origin (India). At the same time, host societies often appear unprepared to deal with the issue and are confronted with issues of inter-cultural competency, the difficulty of fitting caste within existing anti-discrimination categories, and fear of unduly stigmatising an entire community.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.