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Taking a material culture approach to the body poses challenges to our research practices and approaches to studying past experience. This piece considers what can be learned from using human remains in the study of the British past, arguing that integrating the material body into our methods aligns well with historical emphasis on the constructed nature of the body.
Filiation among Muslims in India is governed by Muslim personal law, a largely uncodified corpus of key Islamic legal treatises that has subsequently been interpreted and applied through the Common Law frame of British colonial courts and the post-Independence Indian judicial system by virtue of the Muslim Personal Law (Shariat) Application Act 1937. Muslim personal law recognizes only legitimate filiation resulting from a valid or irregular marriage, barring illegitimate children from maintenance and intestate succession and prohibiting adoption. However, a number of legislative enactments have modified key aspects of the law of filiation among Muslims: shifting the presumption of legitimacy arising from a valid marriage to the time of the wedding, rather than the time of conception; invalidating the doctrine of dormant fetus; and lifting certain disabilities incurred from illegitimacy. Further, although adoption based on customary law is somewhat common in India and has been recognized by courts, its effect among Muslims has tended only to lift the bar to paternal succession and seldom creates filiation with the adoptive family. Notwithstanding, following the enactment of the Juvenile Justice (Care and Protection of Children) Act 2000 and its subsequent amendments, an optional secular legal framework for adoption is now available to Muslim prospective parents. The procedure set forth by the Act is nonetheless unwieldly and implementation faces the very practical difficulties of the state in managing and protecting the vast number of destitute and abandoned children in India, for the most part with an unknown filiation.
Why has Sidgwick's political philosophy fallen into oblivion while his ethics continues to be celebrated? Not because his performance in that field was inferior, nor because his choice of topics has become outdated, nor because his conclusions were largely conservative. Instead the problem stems from the weight he attached to common sentiments and beliefs in his application of the utility principle, illustrated by his treatment of topics such as secession and colonialism. Moreover his Elements of Politics is arranged in such a way that he never has to confront the basic question of what makes states legitimate. This means that neither political moralists, who want to see the utility principle applied in more radical fashion, nor political realists, for whom the problem of establishing political order is central, find much to commend in his political philosophy.