Evaristo Filomeno Carmo D'Souza
(Dr. CARMO D’SOUZA)
M.Sc., (Mathematics) Bombay University
B.Ed., Bombay University;
LL.M., University of Pune;
Ph. D.(Laws) University of Pune
Below are some of his publications:
M.Sc., (Mathematics) Bombay University
B.Ed., Bombay University;
LL.M., University of Pune;
Ph. D.(Laws) University of Pune
Dr. Carmo D'Souza hails from the scenic shores of Calangute in Goa. He retired on superannuation as Professor in Law from V. M. Salgaocar College, Goa - India. He also was a visiting lecture and a Ph. D. guide at some law institutions in India. His areas of specialisation are Private International Law, Comparative Law, Comparative Constitutional Law, Jurisprudence and Family Laws of India . Presently, he was also working on promoting a debate on a "World Constitutionalism".
Prof. D'Souza held Doctoral and Masters Degrees in Law from the University of Poona and a Masters Degree in Mathematics from the University of Bombay, besides having a number of specialised certificates to his credit. He authored a number of books on themes related to law as well as fiction i.e. novels related to Goa. He co-edited along with his brother “World Constitutionalism” and “Civil Law Studies: An India Perspective, both Cambridge Scholars Publication (U.K.)
Prof. D'Souza held Doctoral and Masters Degrees in Law from the University of Poona and a Masters Degree in Mathematics from the University of Bombay, besides having a number of specialised certificates to his credit. He authored a number of books on themes related to law as well as fiction i.e. novels related to Goa. He co-edited along with his brother “World Constitutionalism” and “Civil Law Studies: An India Perspective, both Cambridge Scholars Publication (U.K.)
Below are some of his publications:
Angela’s Goan Identity
Dr. Carmo D’Souza
The novel is about Angela who is born in a staunch catholic feudal family, the landlords of the village around a decade prior to Liberation of Goa. Angela’s father has political affiliations with the National Congress functioning in India. Hence the family is under a cloud of suspicion in the eyes of the Portuguese Government in Goa.
Initially Angela attends a Marathi school where she is indoctrinated into Indian Culture. But before long, she moves to the Portuguese system where she absorbs different sort of ideas to the utter disgust of her father. The novel vividly describes Liberation of Goa and the subsequent English Education, which creates another pattern of ideas in a new Angela
The novel then describes the marriages of various members of the family, which cut across barriers of caste, creed and race. Finally when Angela is ready for the wedding bells she selects Milka, a Sikh from Punjab as her life partner.
Eminent editor and journalist Ashwin Tombat in the foreword writes:
“The novel gives us a view of the village square, so to speak , of the gradual breakdown of old feudal system after Goa’s integration with India. The visible and invisible manifestations of this wrenching change on the lives of the Bhatkars of old, who prided themselves on being the repositories of ‘Goan Culture’, are brought out in a live fashion.”
The novel was reviewed by Prof. Peter Nazareth, University of Iowa on World Literature
Dr. Carmo D’Souza
The novel is about Angela who is born in a staunch catholic feudal family, the landlords of the village around a decade prior to Liberation of Goa. Angela’s father has political affiliations with the National Congress functioning in India. Hence the family is under a cloud of suspicion in the eyes of the Portuguese Government in Goa.
Initially Angela attends a Marathi school where she is indoctrinated into Indian Culture. But before long, she moves to the Portuguese system where she absorbs different sort of ideas to the utter disgust of her father. The novel vividly describes Liberation of Goa and the subsequent English Education, which creates another pattern of ideas in a new Angela
The novel then describes the marriages of various members of the family, which cut across barriers of caste, creed and race. Finally when Angela is ready for the wedding bells she selects Milka, a Sikh from Punjab as her life partner.
Eminent editor and journalist Ashwin Tombat in the foreword writes:
“The novel gives us a view of the village square, so to speak , of the gradual breakdown of old feudal system after Goa’s integration with India. The visible and invisible manifestations of this wrenching change on the lives of the Bhatkars of old, who prided themselves on being the repositories of ‘Goan Culture’, are brought out in a live fashion.”
The novel was reviewed by Prof. Peter Nazareth, University of Iowa on World Literature
Calangute: In Search of Sands
Dr. Carmo D’Souza
Pgs.136
© 1997, Carmo D’Souza
Publisher: Agnelo D’Souza
The author describes his village Calangute, today a world famous beach, which in his childhood was full of sand dunes. Besides giving vivid details of the village beauty in the form of river, seashore, hill, spring, paddy fields, storm drains, he proceeds to the people, their habits, feasts and festivals. The book has nine appendixes, which give factual details of the various facets of the village.
Dr. Kiran Budkuley in the Foreword writes:
“Arriving hot on the heels of his maiden fictional venture ANGELA’S GOAN IDENTITY, Carmo D’Souza’s latest book CALANGUTE: IN SEARCH OF SANDS is another step in his untiring search for bearings and moorings.
And another place she writes:
“CALANGUTE: IN SEARCH OF SANDS is like a breathtaking exploratory journey, at once illuminating and satisfying. It entails the mapping of the knowable today with the trappings of a known yesterday with the accuracy of history, pungency of reality and lucidity of poetry.”
Dr. Carmo D’Souza
Pgs.136
© 1997, Carmo D’Souza
Publisher: Agnelo D’Souza
The author describes his village Calangute, today a world famous beach, which in his childhood was full of sand dunes. Besides giving vivid details of the village beauty in the form of river, seashore, hill, spring, paddy fields, storm drains, he proceeds to the people, their habits, feasts and festivals. The book has nine appendixes, which give factual details of the various facets of the village.
Dr. Kiran Budkuley in the Foreword writes:
“Arriving hot on the heels of his maiden fictional venture ANGELA’S GOAN IDENTITY, Carmo D’Souza’s latest book CALANGUTE: IN SEARCH OF SANDS is another step in his untiring search for bearings and moorings.
And another place she writes:
“CALANGUTE: IN SEARCH OF SANDS is like a breathtaking exploratory journey, at once illuminating and satisfying. It entails the mapping of the knowable today with the trappings of a known yesterday with the accuracy of history, pungency of reality and lucidity of poetry.”
Discovering Discovery
Dr. Carmo D’Souza
Pgs. 83
© 1999, Carmo D’Souza
Publisher: Agnelo D’Souza
Discovering Discovery contains the experiences of the author during his first trip to Europe, on the occasion of celebration of Five Hundred Years of Discovery of the Sea Route to India. The author was invited for the conference held at Sorborne , University of Paris. It vividly describes the author’s experiences with modern gadgets in a consumer-oriented culture, which had just begun to influence India then. His trip took him to Paris, Amsterdam and Lisbon.
Dr. Teotonio De Souza, the Coordinator of the conference in the foreword to the book writes:
“Discovering Discovery” is a sort of travel journal. I am particularly happy with this attempt by an Indian author. Writing travel accounts has been a routine habit of the westerners…. History is the looser, and the euro-look remains without a parallel Indo-look"
At another place Dr. Teotonio De Souza writes:
“Dr. Carmo D’Souza has a great quality of handling sensitive and touchy issues of history and culture very gently and without hurting the feelings of any reader.”
Dr. Carmo D’Souza
Pgs. 83
© 1999, Carmo D’Souza
Publisher: Agnelo D’Souza
Discovering Discovery contains the experiences of the author during his first trip to Europe, on the occasion of celebration of Five Hundred Years of Discovery of the Sea Route to India. The author was invited for the conference held at Sorborne , University of Paris. It vividly describes the author’s experiences with modern gadgets in a consumer-oriented culture, which had just begun to influence India then. His trip took him to Paris, Amsterdam and Lisbon.
Dr. Teotonio De Souza, the Coordinator of the conference in the foreword to the book writes:
“Discovering Discovery” is a sort of travel journal. I am particularly happy with this attempt by an Indian author. Writing travel accounts has been a routine habit of the westerners…. History is the looser, and the euro-look remains without a parallel Indo-look"
At another place Dr. Teotonio De Souza writes:
“Dr. Carmo D’Souza has a great quality of handling sensitive and touchy issues of history and culture very gently and without hurting the feelings of any reader.”
Portugal: In Search of Identity
Dr. Carmo D’Souza
Pgs. 136
© 2003, Carmo D’Souza
Publisher: Agnelo D’Souza
Nisha Varma, hails from Cochin, the city where temples, mosques, churches and synagogue peacefully coexist. Educated under the influence of her father Brigadier Varma ,she acquires the label of ‘global citizen’ in Poona University hostel. Her room mate Maria Noronha from Goa is brought up as a brand of Indian culture mixed with Portuguese trappings.
Maria who is eager to apply for a scholarship to Portugal, forces Nisha to do the same. Maria selects the topic related to Discovery and Flora whereas Nisha, writes a proposal on a controversial issue i.e. Portugal’s present Identity. Maria forces Nisha to change the topic to another i.e. the influence of Malayalam on Portuguese language. Being room mates they decided to travel to Portugal provided both are granted their respective scholarships.
Maria posts both the applications while enclosing inadvertently Nisha’s proposal on Portugal’s Identity. At the end of novel that turns out to be the hand of destiny. The novel is like a travelogue giving the experiences of the duo through Lisbon, Sintra and Coimbra while interacting with people on their respective topics of research.
In an adventurous trip Nisha is trapped for the night in a dilapidated Moorish castle at Sintra together with an old professor of History from Coimbra University. During the night the duo receives a nocturnal visit from a Moorish Princess in a carriage drawn by white horses. The Princess takes the duo for journey across Portugal collecting various historic personalities for a conference on finding Portugal’s present Identity. It is here that Nisha gets glimpses of Portugal’s Identity, which arouses the interest of mass media in a controversy that involves the public in Portugal.
The story ends in a lighter vein in Goa during the festive month of December.
The book was reviewed by Prof. Peter Nazareth on World Literature Today 78: 3-4, pgs. 86-87. Earlier Prof. Nazareth had reviewed another novel by the author titled Angela’s Goan Identity on World Literature
Dr. Carmo D’Souza
Pgs. 136
© 2003, Carmo D’Souza
Publisher: Agnelo D’Souza
Nisha Varma, hails from Cochin, the city where temples, mosques, churches and synagogue peacefully coexist. Educated under the influence of her father Brigadier Varma ,she acquires the label of ‘global citizen’ in Poona University hostel. Her room mate Maria Noronha from Goa is brought up as a brand of Indian culture mixed with Portuguese trappings.
Maria who is eager to apply for a scholarship to Portugal, forces Nisha to do the same. Maria selects the topic related to Discovery and Flora whereas Nisha, writes a proposal on a controversial issue i.e. Portugal’s present Identity. Maria forces Nisha to change the topic to another i.e. the influence of Malayalam on Portuguese language. Being room mates they decided to travel to Portugal provided both are granted their respective scholarships.
Maria posts both the applications while enclosing inadvertently Nisha’s proposal on Portugal’s Identity. At the end of novel that turns out to be the hand of destiny. The novel is like a travelogue giving the experiences of the duo through Lisbon, Sintra and Coimbra while interacting with people on their respective topics of research.
In an adventurous trip Nisha is trapped for the night in a dilapidated Moorish castle at Sintra together with an old professor of History from Coimbra University. During the night the duo receives a nocturnal visit from a Moorish Princess in a carriage drawn by white horses. The Princess takes the duo for journey across Portugal collecting various historic personalities for a conference on finding Portugal’s present Identity. It is here that Nisha gets glimpses of Portugal’s Identity, which arouses the interest of mass media in a controversy that involves the public in Portugal.
The story ends in a lighter vein in Goa during the festive month of December.
The book was reviewed by Prof. Peter Nazareth on World Literature Today 78: 3-4, pgs. 86-87. Earlier Prof. Nazareth had reviewed another novel by the author titled Angela’s Goan Identity on World Literature
Yes Ministerji
Dr. Carmo D’Souza
Pgs. 74
© 2001, Carmo D’Souza
Publisher: Agnelo D’Souza
Yes Ministerji is a collection of humorous articles depicting political life in Goa. Ministerji was conceived as a funny character, who would imitate, exaggerate, and ridicule the real life Ministers in the Goa Cabinet in the last decade of the twentieth century. However, after a short while, Ministerji acquired his own independent identity, influenced by various forces that blew over the political environment in Goa. He did not conform to the mould conceived by the author, refusing to subject himself to the tip of the writer’s pen. Though he was supposed to shadow the Chief Minister, he kept changing portfolios at his whims and fancies. However it was regrettable that Ministerji made a poor show at imitation and mimicry and his humor fell short of real life events.
Dr. Carmo D’Souza
Pgs. 74
© 2001, Carmo D’Souza
Publisher: Agnelo D’Souza
Yes Ministerji is a collection of humorous articles depicting political life in Goa. Ministerji was conceived as a funny character, who would imitate, exaggerate, and ridicule the real life Ministers in the Goa Cabinet in the last decade of the twentieth century. However, after a short while, Ministerji acquired his own independent identity, influenced by various forces that blew over the political environment in Goa. He did not conform to the mould conceived by the author, refusing to subject himself to the tip of the writer’s pen. Though he was supposed to shadow the Chief Minister, he kept changing portfolios at his whims and fancies. However it was regrettable that Ministerji made a poor show at imitation and mimicry and his humor fell short of real life events.
Inner Duel
A play on the life of St. Francis Xavier
Dr. Carmo D’Souza
Pgs. 68
© 2004, Carmo D’Souza
Publisher: Agnelo D’Souza
The curtain rises on Castle Xavier at Navarre in Spain, as Francis an ambitious youth duels with his brother to acquire the skill to defend the honour of his family. He is swayed from his purpose by the Voice of Christ who invites him to go to Paris. The scholastic youth dreams of Parisian grandeur, when Voice of Christ disturbs him calling him to join Loyola. The youth is torn between the disturbing Voice of Christ and his personal Ego, which suggests that Paris is the ultimate in life. Following the Voice of Christ he lands in a hole in Rome, where the youth’s Ego weaves higher dreams as a Secretary to Loyola. The Voice of Christ again demands the sacrifice in the form of a new mission to the East. Across the seas the tussle between Ego and Voice of Christ does not cease till Francis finds himself on the lonely Island of Sancian. The curtain comes down as the Saint lies dying denied of his dream to reach China, in the company of his only follower Anthony at hand. The last scene where Francis, Ego, Voice of Christ and Anthony interact ends on a very emotional note as Francis dies a lonely death.
An Indian drummer cum narrator dressed in traditional outfit interacts with the audience as he guides the play through Francis’ pilgrimage from West to East.
A play on the life of St. Francis Xavier
Dr. Carmo D’Souza
Pgs. 68
© 2004, Carmo D’Souza
Publisher: Agnelo D’Souza
The curtain rises on Castle Xavier at Navarre in Spain, as Francis an ambitious youth duels with his brother to acquire the skill to defend the honour of his family. He is swayed from his purpose by the Voice of Christ who invites him to go to Paris. The scholastic youth dreams of Parisian grandeur, when Voice of Christ disturbs him calling him to join Loyola. The youth is torn between the disturbing Voice of Christ and his personal Ego, which suggests that Paris is the ultimate in life. Following the Voice of Christ he lands in a hole in Rome, where the youth’s Ego weaves higher dreams as a Secretary to Loyola. The Voice of Christ again demands the sacrifice in the form of a new mission to the East. Across the seas the tussle between Ego and Voice of Christ does not cease till Francis finds himself on the lonely Island of Sancian. The curtain comes down as the Saint lies dying denied of his dream to reach China, in the company of his only follower Anthony at hand. The last scene where Francis, Ego, Voice of Christ and Anthony interact ends on a very emotional note as Francis dies a lonely death.
An Indian drummer cum narrator dressed in traditional outfit interacts with the audience as he guides the play through Francis’ pilgrimage from West to East.
Jose’s Dreams
A New World Order.
Dr. Carmo D’Souza
A hillock, adorned by a rivulet, stretch of golden sands , River Princess idling away at a distance ,a honeymoon pair meditating on the rocks- it’s Baga Beach. It’s a place of encounter, where the author meets in a photo flash chance with Jose and Nirmala , a mixed marriage couple. Nirmala sees behind this accidental meeting with the author the hand of the Goddess of Peace.
Jose ,the main character in the novel is obsessed with the problem of world order. He gets a sequence of dreams, which unravel to him the concepts of the past, so that he may find solutions to the problem of the present. The dreams are part of a promise by a beautiful lady, the Queen of Dreams. Niramala who believes in the guiding hand of destiny refers to her as the Goddess of Peace. Jose receives the visits in his dreams of several personalities, who take him through a guided tour of history.
In one of his earliest dreams, Charles Dickens appears one night and takes him through the plight of children. In the process he travels from the ancient past to the modern times through the cruel forms that extract a pound of flesh from the tiny torts. Another night it is Raja Ram Mohan Roy, who takes Jose across centuries expounding the principles of feminist jurisprudence. They meet a funeral procession heading for Sati, where there is heated discussion . Later the two encounter Mogrem a young almost outcast widow outside Old Goa.
Jose has often unpleasant dreams in which the serpents of oppression squeeze humankind. He has visions of election strategies and manipulations, leaving behind trail of blood and destruction He visits with Bentham the sordid trials, ordeals and punishments, the absurdities in the Penal system then as well as now , and encounters the criminal world created by socialite dignitaries in the company of Sutherlannd.
In the land of slavery Jose meets Senhor Kamat, an international slave trader of nineteenth century Goa , who prides himself of following fair trade practices unlike his competitors. Senhor Kamat claims that probably some of the descendants of the slaves in his register are holding top bureaucratic positions in the world or have been canonized as saints. Jose also comes across a group of fuming slave lords who claim that the government order to release slaves without any sort of compensation amounted to the violation of their inviolable right to property.
In Cultural Blinkers, Francisco Luis Gomes the author of Os Brahmanes, takes Jose through the various misconceptions of culture, which are found even today. And it is the privilege of Leo Tostoy to take Jose through the war psyche. He meets some of the sixteenth century Portuguese adventurers who hold their national interest so high as to override the human rights of peaceful merchants. These Portuguese adventurers claim that their approach to international Law is being perpetuated even today. At their request Tolstoy takes Jose on his tank to Hiroshima and Nagasaki. Finally the dream ends as Vassalo e Silva , the last Portuguese Governor General surrenders unconditionally at Vasco - at the lowest ebb of Portuguese history, which Tolstoy visualizes as Magna Carta for a New World.
Its Rabindranath Tagore who shows Jose the land “where the mind is without fear and the head is held high”. And it his the turn Mahathma Gandhi walks with Jose through the Road of Peace , where they meet the various mahatmas across the world , working as agents of peace.
The Queen of Dreams asks Jose to undertake a Yatra of India as to understand human experiences. As a coincidence their family friend Ram is devising marketing concept for tourist visiting India. He comes to invite Jose and Nirmala to join him in the tour. Nirmala sees it as a hand of the Goddess of Peace. So they undertake a Yatra which includes destinations like Tirumala, Mahabalipuram, Auroville Asharam, City of Joy and so on.
The last chapter is a discussion on a design for a world order amidst four prominent tourists who had come for the release of Ram’s Yatra brochure. That night the Goddess appears to Nirmala and gives the much-awaited sign that the book is to be released.
Goan born Canadian Mr. Lino Leitao, an eminent author and novelist in the Foreword writes:
“The brutalities of the past that man inflicted on man haven’t been abandoned at the present. Instead, man has armed himself with better weapons of mass destruction than before to kill his own kind, polluting the human spirit."
José’s Dream – New World Order, is a novel that cries out to remake this world not on the dreams of imperialistic greed, but on Peace and Love – the heritage of the human spirit.”
The book has been reviewed by Prof. Peter Nazareth on Confluence March 2009.
A New World Order.
Dr. Carmo D’Souza
A hillock, adorned by a rivulet, stretch of golden sands , River Princess idling away at a distance ,a honeymoon pair meditating on the rocks- it’s Baga Beach. It’s a place of encounter, where the author meets in a photo flash chance with Jose and Nirmala , a mixed marriage couple. Nirmala sees behind this accidental meeting with the author the hand of the Goddess of Peace.
Jose ,the main character in the novel is obsessed with the problem of world order. He gets a sequence of dreams, which unravel to him the concepts of the past, so that he may find solutions to the problem of the present. The dreams are part of a promise by a beautiful lady, the Queen of Dreams. Niramala who believes in the guiding hand of destiny refers to her as the Goddess of Peace. Jose receives the visits in his dreams of several personalities, who take him through a guided tour of history.
In one of his earliest dreams, Charles Dickens appears one night and takes him through the plight of children. In the process he travels from the ancient past to the modern times through the cruel forms that extract a pound of flesh from the tiny torts. Another night it is Raja Ram Mohan Roy, who takes Jose across centuries expounding the principles of feminist jurisprudence. They meet a funeral procession heading for Sati, where there is heated discussion . Later the two encounter Mogrem a young almost outcast widow outside Old Goa.
Jose has often unpleasant dreams in which the serpents of oppression squeeze humankind. He has visions of election strategies and manipulations, leaving behind trail of blood and destruction He visits with Bentham the sordid trials, ordeals and punishments, the absurdities in the Penal system then as well as now , and encounters the criminal world created by socialite dignitaries in the company of Sutherlannd.
In the land of slavery Jose meets Senhor Kamat, an international slave trader of nineteenth century Goa , who prides himself of following fair trade practices unlike his competitors. Senhor Kamat claims that probably some of the descendants of the slaves in his register are holding top bureaucratic positions in the world or have been canonized as saints. Jose also comes across a group of fuming slave lords who claim that the government order to release slaves without any sort of compensation amounted to the violation of their inviolable right to property.
In Cultural Blinkers, Francisco Luis Gomes the author of Os Brahmanes, takes Jose through the various misconceptions of culture, which are found even today. And it is the privilege of Leo Tostoy to take Jose through the war psyche. He meets some of the sixteenth century Portuguese adventurers who hold their national interest so high as to override the human rights of peaceful merchants. These Portuguese adventurers claim that their approach to international Law is being perpetuated even today. At their request Tolstoy takes Jose on his tank to Hiroshima and Nagasaki. Finally the dream ends as Vassalo e Silva , the last Portuguese Governor General surrenders unconditionally at Vasco - at the lowest ebb of Portuguese history, which Tolstoy visualizes as Magna Carta for a New World.
Its Rabindranath Tagore who shows Jose the land “where the mind is without fear and the head is held high”. And it his the turn Mahathma Gandhi walks with Jose through the Road of Peace , where they meet the various mahatmas across the world , working as agents of peace.
The Queen of Dreams asks Jose to undertake a Yatra of India as to understand human experiences. As a coincidence their family friend Ram is devising marketing concept for tourist visiting India. He comes to invite Jose and Nirmala to join him in the tour. Nirmala sees it as a hand of the Goddess of Peace. So they undertake a Yatra which includes destinations like Tirumala, Mahabalipuram, Auroville Asharam, City of Joy and so on.
The last chapter is a discussion on a design for a world order amidst four prominent tourists who had come for the release of Ram’s Yatra brochure. That night the Goddess appears to Nirmala and gives the much-awaited sign that the book is to be released.
Goan born Canadian Mr. Lino Leitao, an eminent author and novelist in the Foreword writes:
“The brutalities of the past that man inflicted on man haven’t been abandoned at the present. Instead, man has armed himself with better weapons of mass destruction than before to kill his own kind, polluting the human spirit."
José’s Dream – New World Order, is a novel that cries out to remake this world not on the dreams of imperialistic greed, but on Peace and Love – the heritage of the human spirit.”
The book has been reviewed by Prof. Peter Nazareth on Confluence March 2009.
Goa Through the Eyes of Fanchu Loyola
Dr. Carmo D’Souza
Pgs. 80
© 2005, Carmo D’Souza
Publisher: Agnelo D’Souza
The book invites the reader for a leisurely walk in the footsteps of Loyola over the Goan scenario. It gives the reader an insight into the complex Goan psyche of those days and the internal political situation in Portuguese India. It is a walk with Goa’s Scarlet Pimpernel who appeared and disappeared from the Goan political scene to surface in Bombay or Portugal to carry on the struggle against injustice.
The book gives the reader, a pip into the then Legislative Council of Portuguese India. One will encounter a surprising defection and an assault in the Council, and incomprehensible political maneuvers similar to ones witnessed today. Loyola in several articles castigated the people’s representatives for failing to stand for their dignity and that of the august Legislative Council against the pressure exerted by the Portuguese Governor General. He blamed the representatives for failing to take into consideration the interest of the people. In some of the articles he took to task the Parliamentarians and politicians of Portugal too for playing to the galleries.
Loyola’s fiery pen did not spare the Governors of Portuguese India. When he was in his twenties he threatened Governor General Couceira through a Carta Politica for infringing on the Freedom of Press. The letter was a response to the ban on his paper Jornal de India. Loyola kept up this commitment later with almost half a dozen Governors. Whenever the authorities banned one paper he would appear with another under different name and from a different place. British India was his second home whenever the political environment was unfriendly in Goa.
The book analyses some of the landmarks set by Loyola in Goan Legal History with respect to Civil and Political Liberties. Among them are his Carta Politica of 1913, Speech of 1932, and his trial at the Military Tribunal in 1946. Loyola was the uncrowned King of Goan Politics of the first half of twentieth century. He was a champion of Human Rights and Women emancipation.
Dr. Carmo D’Souza
Pgs. 80
© 2005, Carmo D’Souza
Publisher: Agnelo D’Souza
The book invites the reader for a leisurely walk in the footsteps of Loyola over the Goan scenario. It gives the reader an insight into the complex Goan psyche of those days and the internal political situation in Portuguese India. It is a walk with Goa’s Scarlet Pimpernel who appeared and disappeared from the Goan political scene to surface in Bombay or Portugal to carry on the struggle against injustice.
The book gives the reader, a pip into the then Legislative Council of Portuguese India. One will encounter a surprising defection and an assault in the Council, and incomprehensible political maneuvers similar to ones witnessed today. Loyola in several articles castigated the people’s representatives for failing to stand for their dignity and that of the august Legislative Council against the pressure exerted by the Portuguese Governor General. He blamed the representatives for failing to take into consideration the interest of the people. In some of the articles he took to task the Parliamentarians and politicians of Portugal too for playing to the galleries.
Loyola’s fiery pen did not spare the Governors of Portuguese India. When he was in his twenties he threatened Governor General Couceira through a Carta Politica for infringing on the Freedom of Press. The letter was a response to the ban on his paper Jornal de India. Loyola kept up this commitment later with almost half a dozen Governors. Whenever the authorities banned one paper he would appear with another under different name and from a different place. British India was his second home whenever the political environment was unfriendly in Goa.
The book analyses some of the landmarks set by Loyola in Goan Legal History with respect to Civil and Political Liberties. Among them are his Carta Politica of 1913, Speech of 1932, and his trial at the Military Tribunal in 1946. Loyola was the uncrowned King of Goan Politics of the first half of twentieth century. He was a champion of Human Rights and Women emancipation.
Synopsis
Law
Legal System in Goa
Dr. Carmo D’Souza
Legal System in Goa - Vol. I : Judicial Institutions (1510-1982)
Legal System in Goa - Vol. II : Laws and Legal Trends (1510-1969)
The two volumes are part of the thesis for which the author was awarded Ph.D. (Laws) by the University of Poona in 1990. He worked under the guidance of Dr. (Mrs.) R. K. Agrawala, then Head of Faculty of Law (Poona University).
The first part of the book deals with the judicial institutions in the then State of India (1510-1800). It includes institutions / officials in the administration of justice such as Viceroy or Governor, the High Court for State of India, Judge Conservator of Christians, Judges for Hindus and the Inhabitants of New Conquests, Captain of Forts, Auditor Judges of Forts, Thannadhar, Judges of Village Communities among others.
A full chapter is dedicated to the High Court for the State of India as it existed from 1510-1800. It deals with the institution of High Court with the Regiment of 1544, its constitution, functioning, and other matters. The High Court in those days administered justice to all the Portuguese possessions from Cape of Good Hope to China Seas.
The next chapter concerns organization of judiciary during the period 1800-1961. It deals with the Provisional Regiment of 1836, Regiment of Administration of Justice 1866, Organization of Judiciary of Colonies (1927) and so on.
The last chapter concerns with Post Liberation Judiciary (1961- 1982). It deals with Administration Act of 1962, Sessions and Criminal Courts, District and Civil Courts, Judicial Commissioners Court and finally with the Bombay High Court Act of 1982.
Legal System in Goa – Vol. II: Laws and Legal Trends (1510-1969)
The introductory chapter discusses concepts and terms like Concept of Discovery, Navigation, Mare Liberum versus Mare Clausum, System of Cartazes, System of Conquest and Vassalage, Politico- Religious Concept of Portuguese Nation, Pro –Christian Bias to Law, Concept of Idolatry and Immorality among others.
Chapter II deals with Laws and Legal Trends (1510-1800). It discusses Local Uses and Customs, Charter of 1526 in favour of Village Communities, Regiment of 1735, Laws on Alienation, Laws on Women Emancipation, Laws on Slaves and Captives, Punishments and Sanctions, and Pombal’s Law of Equality among others.
Chapter III deals with the growth of Constitutional Law (1822-1961). It analysis the Constitutions of 1822, Charter of 1826, Constitution of 1838, Constitution of 1911, Colonial Act of 1930, Constitution of 1933 and Alterations to Constitution of 1951 among others.
Chapter IV deals with laws and legal trends from 1800 to 1961 and includes the Plan of 1836, Charter of Colonial Empire, Law on Administration of Overseas (1953), Codification (Civil, Penal, Civil Procedure, Commercial etc), Laws on Slaves, Laws on Confraternities and Mazanias, Mundkar legislation and Laws on Village Communities.
The last chapter deals with Post Liberation Laws upto 1969 and includes the Constitution Twelfth Amendment Act, Ordinance and Administration of Act 1962, Government of Union Territories Act of 1963, and Opinion Poll Act of 1967 among others
Justice A.M. Bhattacharjee, an eminent jurist and author of several books, who occupied the chair of Chief Justice in several High Courts in India including that of Bombay High Court, in the forward to the “Portuguese and the Indian Constitutions: A Comparative Study” writes:
“But I would not have been able to have any clear grasp over the Legal and Constitutional History of Goa without the Book authored by Dr. Carmo D’Souza published in Two Volumes entitled “Legal System in Goa”. These two Volumes appear to me to be a veritable store-house and I have no doubt that any one concerned with the Laws of Goa, whether as a Researcher, Academic, Lawyer or in any other capacity, would derive immense benefit and profit from this work of Dr. Carmo D’Souza and would also wonder at the scholarship of the Author and the painstaking labour put in by him.”
The Portuguese and the Indian Constitutions
A Comparative Study Vol. I
Dr. Carmo D’Souza
The work is incomplete, as only one volume has appeared so far.
This book in the preliminary section gives a brief outline of the Constitutional History of India as well as Portugal. It then brings out similarities and the differences in approach on Constitutional issues amidst the academia in Portugal and India influenced by Continental and Common Law systems respectively. It then discusses the salient features of the Portuguese and the Indian Constitutions and their division into topics and subtopics.
Fundamental Rights under the two Constitutions are analyzed in detail bringing the similarities and differences between them. Amendment of the Indian Constitution and its counterpart the Review of Constitutionality in Portugal make interesting reading.
Justice A.M. Bhattacharjee, an eminent jurist and author of several books, in the forward to the “Portuguese and the Indian Constitutions: A Comparative Study” writes:
“In fact, the present Constitution of India of 1950 is one of the finest products of Comparative Survey and Research in the different Constitutions of the World”.
Referring to the Portuguese Constitution he adds:
“Portugal has a very old and rich tradition of experiment with written constitution as early from 1822, the latest being the Sixth Constitution of 1976….”
And further Justice Bhattacharjee writes:
The present Constitution of Portugal of 1976, and the Four substantial Revisions thereof in 1982, 1989, 1992 and 1997, deserve serious consideration by our Constitutional Lawyers and Dr. Carmo D’Souza has really rendered a commendable service by drawing our attention thereto. The original Constitution had very much a Socialists frame and slant with appreciable stress on “Classless society”, exercise of power by “Working Class”, ‘expropriation’ of properties of big land–owners, “Socialist Economy” and other allied matters. But all these have thereafter been appreciably toned down and consciously diluted in these four successive Constitutional Revisions to consort with Plurarist Economy, Private Sector Undertakings, Free and Open Market Ideology and consequential in-depth enlargement of rights of Individual
Law
Legal System in Goa
Dr. Carmo D’Souza
Legal System in Goa - Vol. I : Judicial Institutions (1510-1982)
Legal System in Goa - Vol. II : Laws and Legal Trends (1510-1969)
The two volumes are part of the thesis for which the author was awarded Ph.D. (Laws) by the University of Poona in 1990. He worked under the guidance of Dr. (Mrs.) R. K. Agrawala, then Head of Faculty of Law (Poona University).
The first part of the book deals with the judicial institutions in the then State of India (1510-1800). It includes institutions / officials in the administration of justice such as Viceroy or Governor, the High Court for State of India, Judge Conservator of Christians, Judges for Hindus and the Inhabitants of New Conquests, Captain of Forts, Auditor Judges of Forts, Thannadhar, Judges of Village Communities among others.
A full chapter is dedicated to the High Court for the State of India as it existed from 1510-1800. It deals with the institution of High Court with the Regiment of 1544, its constitution, functioning, and other matters. The High Court in those days administered justice to all the Portuguese possessions from Cape of Good Hope to China Seas.
The next chapter concerns organization of judiciary during the period 1800-1961. It deals with the Provisional Regiment of 1836, Regiment of Administration of Justice 1866, Organization of Judiciary of Colonies (1927) and so on.
The last chapter concerns with Post Liberation Judiciary (1961- 1982). It deals with Administration Act of 1962, Sessions and Criminal Courts, District and Civil Courts, Judicial Commissioners Court and finally with the Bombay High Court Act of 1982.
Legal System in Goa – Vol. II: Laws and Legal Trends (1510-1969)
The introductory chapter discusses concepts and terms like Concept of Discovery, Navigation, Mare Liberum versus Mare Clausum, System of Cartazes, System of Conquest and Vassalage, Politico- Religious Concept of Portuguese Nation, Pro –Christian Bias to Law, Concept of Idolatry and Immorality among others.
Chapter II deals with Laws and Legal Trends (1510-1800). It discusses Local Uses and Customs, Charter of 1526 in favour of Village Communities, Regiment of 1735, Laws on Alienation, Laws on Women Emancipation, Laws on Slaves and Captives, Punishments and Sanctions, and Pombal’s Law of Equality among others.
Chapter III deals with the growth of Constitutional Law (1822-1961). It analysis the Constitutions of 1822, Charter of 1826, Constitution of 1838, Constitution of 1911, Colonial Act of 1930, Constitution of 1933 and Alterations to Constitution of 1951 among others.
Chapter IV deals with laws and legal trends from 1800 to 1961 and includes the Plan of 1836, Charter of Colonial Empire, Law on Administration of Overseas (1953), Codification (Civil, Penal, Civil Procedure, Commercial etc), Laws on Slaves, Laws on Confraternities and Mazanias, Mundkar legislation and Laws on Village Communities.
The last chapter deals with Post Liberation Laws upto 1969 and includes the Constitution Twelfth Amendment Act, Ordinance and Administration of Act 1962, Government of Union Territories Act of 1963, and Opinion Poll Act of 1967 among others
Justice A.M. Bhattacharjee, an eminent jurist and author of several books, who occupied the chair of Chief Justice in several High Courts in India including that of Bombay High Court, in the forward to the “Portuguese and the Indian Constitutions: A Comparative Study” writes:
“But I would not have been able to have any clear grasp over the Legal and Constitutional History of Goa without the Book authored by Dr. Carmo D’Souza published in Two Volumes entitled “Legal System in Goa”. These two Volumes appear to me to be a veritable store-house and I have no doubt that any one concerned with the Laws of Goa, whether as a Researcher, Academic, Lawyer or in any other capacity, would derive immense benefit and profit from this work of Dr. Carmo D’Souza and would also wonder at the scholarship of the Author and the painstaking labour put in by him.”
The Portuguese and the Indian Constitutions
A Comparative Study Vol. I
Dr. Carmo D’Souza
The work is incomplete, as only one volume has appeared so far.
This book in the preliminary section gives a brief outline of the Constitutional History of India as well as Portugal. It then brings out similarities and the differences in approach on Constitutional issues amidst the academia in Portugal and India influenced by Continental and Common Law systems respectively. It then discusses the salient features of the Portuguese and the Indian Constitutions and their division into topics and subtopics.
Fundamental Rights under the two Constitutions are analyzed in detail bringing the similarities and differences between them. Amendment of the Indian Constitution and its counterpart the Review of Constitutionality in Portugal make interesting reading.
Justice A.M. Bhattacharjee, an eminent jurist and author of several books, in the forward to the “Portuguese and the Indian Constitutions: A Comparative Study” writes:
“In fact, the present Constitution of India of 1950 is one of the finest products of Comparative Survey and Research in the different Constitutions of the World”.
Referring to the Portuguese Constitution he adds:
“Portugal has a very old and rich tradition of experiment with written constitution as early from 1822, the latest being the Sixth Constitution of 1976….”
And further Justice Bhattacharjee writes:
The present Constitution of Portugal of 1976, and the Four substantial Revisions thereof in 1982, 1989, 1992 and 1997, deserve serious consideration by our Constitutional Lawyers and Dr. Carmo D’Souza has really rendered a commendable service by drawing our attention thereto. The original Constitution had very much a Socialists frame and slant with appreciable stress on “Classless society”, exercise of power by “Working Class”, ‘expropriation’ of properties of big land–owners, “Socialist Economy” and other allied matters. But all these have thereafter been appreciably toned down and consciously diluted in these four successive Constitutional Revisions to consort with Plurarist Economy, Private Sector Undertakings, Free and Open Market Ideology and consequential in-depth enlargement of rights of Individual
Prime Minister of India
A Comparative Constitutional Analysis
Dr. Carmo D’Souza
Pgs. 51
© 2001, Carmo D’Souza
Publisher: Agnelo D’Souza
The booklet deals with the provisions of the Indian Constitution as regards the office of the Prime Minister of India and compares those provisions to those of Japanese, German, Portuguese and French Constitutions. The material is discussed under the following subtitles:
Appointment of Prime Minster
Appointment of other Ministers
Oath of Office
Principle of Collective Responsibility
Prime Minister as Member of Parliament
Ministerial Presence in Parliament
Prime Minister and Confidence in Parliament.
No Confidence Vote
Vesting of Executive Power
Advice of the Council of Ministers
Situations when the Government has to resign
Dismissal of the Prime Minister
Towards a World Constitution
Dr. Carmo D’Souza
Pgs.120
© 2003, Carmo D’Souza
Publisher: Agnelo D’Souza
The book advocates the development of Constitutionalism for a New World Order. It highlights the need to create a new course titled World Constitutionalism at Colleges, Universities and centers of learning. The desired effect of such an exercise will be the enactment of a World Constitution in the future.
Chapter II refers to the need for reformulating concepts in Jurisprudence, in order to open the vision of World Constitutionalism. It advocates a re-look and reformulation of concepts like National Sovereignty, the Rule of Law, Social Contract theory, War, etc.
The book also discusses the various models for a World Government, World Parliament, and World Judiciary. It refers to an interim quasi Constitution till such bodies can emerge and develop in international society. It also discusses the possibility of a World Constitution developing under the UN regime.
As Constitutions have an extra legal or even illegal origin, the book discusses how a lower document like the UN Charter can in the course of time convert itself into a higher Constitutional document.
In Annexure II the book suggests a Road Map for the UN. As a change in UN is the need of the hour, and yet it might have dangerous repercussions, a solution is suggested through a Road Map. Such a Road Map could be passed by the UN General Assembly. The Road Map could specify dates by which: (a) the veto power would be phased in stages; (b) the permanent members would loose gradually their permanency; and (c) specification of time limits for electoral reforms for constituting the Security Council etc.
Concepts in Law
Dr. Carmo D’Souza
Pgs.130
© 2004, Carmo D’Souza
Publisher: Agnelo D’Souza
“Concepts in Law”, has the subtitle “understanding the past, analyzing the present and visualizing the future”. The book was released to coincide with the Conference of Chief Justices of the World, held in Lucknow in 2004 and received favourable comments from many participants at the Conference, which included Justices of Supreme Courts and Constitutional Tribunals from 54 countries of the world.
In the initial pages, the book contains a warning that the material can be used negatively by fanatics in order to foster their own vested interests thus causing harm to the social fabric. It advocates the positive use of the material in attempting to understand the past, which includes ridiculous and harsh behaviour, which resulted into oppressive legal regimes. A lot of material has been used from the sixteenth century Portuguese experiences in the State of India due to author’s familiarity with the area. The Portuguese have left valuable records, which enable one to perceive the mental psyche of those days. Also recorded trials and ordeals of humans and animals in the dark ages from various countries of the world have been presented for a scholar to grasp with the past. After stepping into the shoes of those generations, it is possible to perceive the conceptual errors and use these experiences effetely in planning for the future.
Chapter VI titled as “Twenty –First Century Mega –Show?” presents the ridiculous and unreasonable behaviour of the modern day. This chapter has been developed by using newspaper and mass media reports. The objective of the chapter is to make the reader conscious of the trends of the past that are still continuing in our society and the new harmful trends developing at present. The last chapter deals with Concepts for a New World Order. The book advocates the creation of a subject called World Constitutionalism in the academic circles, with elements of peace, respect to Human Rights and world order. It also has a suggestion for the UN reform.
The book contains six annexures with different approaches to World Order problems by different personalities/ organizations of the world. The six annexures are : (1) ‘The Menu for the Third Millennium’ by Otfried Schrot, (2) ‘The Movement of UN Reform 2007’ of Dr. Klaus Schlitchtmann , (3) Prof. Johan Galtung’s ‘Transcend: A Philosophy of Peace and Development’ , (4) ‘Toward a New World Civilization’ by Jan Mortier of Civitatis International, (5) ‘Kritik einer Weltverfassung’ or ‘Criticism of a World Constitution’ of Neue Methode Group of Germany , (6) ‘City Montesorri School-The School with a Difference’ describing the school at Luckow with a total strength of 29000 students, a synonym for Peace Education & Conflict Prevention.
Special Publications
Released by Cambridge Scholar’s Publishing in October 2007
World Constitutionalism
web http://www.c-s-p.org/Flyers/World-Constitutionalism.htm
Edited by Dr. Carmo D’Souza & Dr. Anthony D’Souza
Forward by Dr. Marian Pinheiro
World Constitutionalism is a compilation of articles on world order, justice, peace, human rights, environment and so on. The book includes around 30 articles from Law professors, legal experts, ex-diplomats and leaders in the forefront of New World Order movement. It covers contribution from India, Australia, US, U.K., Japan and Germany . The objective is to motivate academic debate on New World Order.
Dr. Marian Pinheiro in the forward writes:
“Progress in the area of communication and computer revolution has in fact made the idea of global village a reality. On the other hand, frenzied nationalism, rabid fundamentalism and narrow parochialism are yet to cease to exist on the global scenario. Terrorism and unprovoked attacks of nations have created a new threat the world over...”
And further
“I am certain this intellectual exercise will definitely stimulate discussions and debates of what could be envisaged as the future world or that of a world community.“
CONTENTS
Foreword by Dr. Marian Pinheiro
SECTION I
World Constitutionalism by Dr. Carmo D’Souza
The Universal Declaration of Human Rights At 58: An Assessment by Dr. T.R. Subramanya
Human Rights in the Age of Globalisation: Some Thoughts by Dr.Maria-Suzette Fernandes-Dias
Environmental Sovereignty: Dilution of National Boundaries. A Case for World Constitution by Dr. Sairam Bhat
Looking Beyond National Boundaries in the Era of Globalisation: A Critical Analysis by Vishwanath. M
Global Democracy or Global Enlightened Despotism? By Fernando A. Iglesias
Constitutionalism in the United States of America and Abroad by Dr. Joseph Preston Baratta
How World Federalism Will Likely Come Into Existence by James T. Ranney
Neighborhood discussions about global constitutions might hopefully invent gimmicks that could be blended into a ratifiable Constitution for a Supra-National Federation by John R. Ewbank
Planetary Humanism by Carl Coon
Proposal for a New Vision and Strategy of Global Democracy by Troy Davis
Towards A Conceptual Framework to Evaluate World Parliament Proposals by Troy Davis
The Internet And The First Steps Towards A World Constitution by Otfried Schrot
Politics of Opportunity by Hank Stone
Some Thoughts on UNESCO and Reform of the United Nations by Ian Anderson
World Healing by Dr. Doug. N. Everingham
Justice, Peace and Equality by Dr. Fatima Mascarenhas e Noronha
The Kingdom of Bahrain: The Pearl of the Arabian Gulf. By Dr. T.R. Subramanya
Has Indian Negotiating Power, To Achieve An International Order Based On Justice And The Rule Of Law, Increased Since The 1998 Nuclear Tests? By Dr. Klaus Schlichtmann
Secularism in India, U.S.A. and United Kingdom by RANJANA FERRĂO
History of World Democracy by Kenneth Kostyo
Section II
SYNOPSIS OF THESIS AND BOOKS
The Politics of World Federation
Dr. Joseph Preston Baratta
The Politics of World Federation Achievements
Dr. Joseph Preston Baratta
Asian Works on World Federalism
Dr. Joseph P. Baratta
Towards a World Constitution
Dr. Carmo D’Souza
Concepts in Law
Carmo D’Souza
One World Democracy
Jerry Tetalman
Released by Cambridge Scholar’s Publishing in 2009
Civil Law Studies An Indian Perspective
Edited by Dr. Anthony D’Souza and Dr. Carmo D’Souza
Foreword by Prof. (Dr.) N.R. Madhava Menon
Table of Contents
Contents
Foreword by Prof. (Dr.) N.R. Madhava Menon
Acknowledgement
PART I : Civil Law
Civil Law Studies: India Perspective
By Carmo D’Souza
Civil Law Code: Presumptions and Pretensions
By M. Pinheiro
The Civil Law and the Common Law Traditions: An Appraisal
By Kim Couto
PART II : Law in Globalizing World
The European Constitution and National Constitutions – A complementary relationship Fausto de Quadros
International Harmonization and Unification of Private Law in a Globalized Economy
Dário Moura Vicente
Globalization: The Need of Approximation and Better Knowledge of the Legal Systems
By Manuel Porto
Putting Sustainable Development into Practice in Europe: The Right to Environment and the Role of Scientific Instruments
By Dário Moura Vicente
International Harmonization and Unification of Private Law in a Globalized Economy
By Alexandra Aragão
International Criminal Court: the Zeitgeist
By Ojsvita Srivasta
The Charter of Fundamental Rights – A Perspective
By B. S. Patil and Jatin Naik
PART III : Criminal Law
Criminal Justice System: A Corner Stone of Good Governance
By Vishwanath. M and Shurpali Shruti Arvind
Necessity as a Defense under Penal Code: A Comparative Analysis
By Shaber Ali. G
Revision of the Portuguese Code of Criminal Procedure
By Paulo de Sousa Mendes
PART IV : Contracts
Standard Forms of Contract in German and Common Law
By Sairam Bhat
The Formation of Contracts: A Comparison between the Indian Contract Act of 1872 and the Portuguese Civil Code of 1966
By Luís Manuel Teles de Menezes Leitão
PART V : Family Laws
Law Relating to Marriage in India
By Ranjana Ferrao
Divorce under the Family Law of Goa: Comparative Analysis with the Hindu and Mohammedan Family Law.
By Mrunmayi M. Vaidya
Indirect Callings under the Civil Codes of 1867 and 1966
By Jorge Duarte Pinheiro
PART VI : Judicial Culture
Auto Regulation Obligations of an Autonomous Profession
By Chidananda Reddy S. Patil
PART VII : History
The Proclamation of the Portuguese Constitution and its Effect on the Estado Da India Portuguesa
By Maria de Lourdes Bravo da Costa Rodrigues
Colonial Administration in Goa (1836- 1961) :The Governor General
By Maria Pia de Menezes Rodrigues
Goan Communidades – Rural Social Welfare Institutions
By Remy Dias
Appendices
Appendix I : Civil Law Studies : A Report of Lecture Series 2008
Appendix II: Comparative Study between Portuguese Constitution and Indian Constitution
A Comparative Constitutional Analysis
Dr. Carmo D’Souza
Pgs. 51
© 2001, Carmo D’Souza
Publisher: Agnelo D’Souza
The booklet deals with the provisions of the Indian Constitution as regards the office of the Prime Minister of India and compares those provisions to those of Japanese, German, Portuguese and French Constitutions. The material is discussed under the following subtitles:
Appointment of Prime Minster
Appointment of other Ministers
Oath of Office
Principle of Collective Responsibility
Prime Minister as Member of Parliament
Ministerial Presence in Parliament
Prime Minister and Confidence in Parliament.
No Confidence Vote
Vesting of Executive Power
Advice of the Council of Ministers
Situations when the Government has to resign
Dismissal of the Prime Minister
Towards a World Constitution
Dr. Carmo D’Souza
Pgs.120
© 2003, Carmo D’Souza
Publisher: Agnelo D’Souza
The book advocates the development of Constitutionalism for a New World Order. It highlights the need to create a new course titled World Constitutionalism at Colleges, Universities and centers of learning. The desired effect of such an exercise will be the enactment of a World Constitution in the future.
Chapter II refers to the need for reformulating concepts in Jurisprudence, in order to open the vision of World Constitutionalism. It advocates a re-look and reformulation of concepts like National Sovereignty, the Rule of Law, Social Contract theory, War, etc.
The book also discusses the various models for a World Government, World Parliament, and World Judiciary. It refers to an interim quasi Constitution till such bodies can emerge and develop in international society. It also discusses the possibility of a World Constitution developing under the UN regime.
As Constitutions have an extra legal or even illegal origin, the book discusses how a lower document like the UN Charter can in the course of time convert itself into a higher Constitutional document.
In Annexure II the book suggests a Road Map for the UN. As a change in UN is the need of the hour, and yet it might have dangerous repercussions, a solution is suggested through a Road Map. Such a Road Map could be passed by the UN General Assembly. The Road Map could specify dates by which: (a) the veto power would be phased in stages; (b) the permanent members would loose gradually their permanency; and (c) specification of time limits for electoral reforms for constituting the Security Council etc.
Concepts in Law
Dr. Carmo D’Souza
Pgs.130
© 2004, Carmo D’Souza
Publisher: Agnelo D’Souza
“Concepts in Law”, has the subtitle “understanding the past, analyzing the present and visualizing the future”. The book was released to coincide with the Conference of Chief Justices of the World, held in Lucknow in 2004 and received favourable comments from many participants at the Conference, which included Justices of Supreme Courts and Constitutional Tribunals from 54 countries of the world.
In the initial pages, the book contains a warning that the material can be used negatively by fanatics in order to foster their own vested interests thus causing harm to the social fabric. It advocates the positive use of the material in attempting to understand the past, which includes ridiculous and harsh behaviour, which resulted into oppressive legal regimes. A lot of material has been used from the sixteenth century Portuguese experiences in the State of India due to author’s familiarity with the area. The Portuguese have left valuable records, which enable one to perceive the mental psyche of those days. Also recorded trials and ordeals of humans and animals in the dark ages from various countries of the world have been presented for a scholar to grasp with the past. After stepping into the shoes of those generations, it is possible to perceive the conceptual errors and use these experiences effetely in planning for the future.
Chapter VI titled as “Twenty –First Century Mega –Show?” presents the ridiculous and unreasonable behaviour of the modern day. This chapter has been developed by using newspaper and mass media reports. The objective of the chapter is to make the reader conscious of the trends of the past that are still continuing in our society and the new harmful trends developing at present. The last chapter deals with Concepts for a New World Order. The book advocates the creation of a subject called World Constitutionalism in the academic circles, with elements of peace, respect to Human Rights and world order. It also has a suggestion for the UN reform.
The book contains six annexures with different approaches to World Order problems by different personalities/ organizations of the world. The six annexures are : (1) ‘The Menu for the Third Millennium’ by Otfried Schrot, (2) ‘The Movement of UN Reform 2007’ of Dr. Klaus Schlitchtmann , (3) Prof. Johan Galtung’s ‘Transcend: A Philosophy of Peace and Development’ , (4) ‘Toward a New World Civilization’ by Jan Mortier of Civitatis International, (5) ‘Kritik einer Weltverfassung’ or ‘Criticism of a World Constitution’ of Neue Methode Group of Germany , (6) ‘City Montesorri School-The School with a Difference’ describing the school at Luckow with a total strength of 29000 students, a synonym for Peace Education & Conflict Prevention.
Special Publications
Released by Cambridge Scholar’s Publishing in October 2007
World Constitutionalism
web http://www.c-s-p.org/Flyers/World-Constitutionalism.htm
Edited by Dr. Carmo D’Souza & Dr. Anthony D’Souza
Forward by Dr. Marian Pinheiro
World Constitutionalism is a compilation of articles on world order, justice, peace, human rights, environment and so on. The book includes around 30 articles from Law professors, legal experts, ex-diplomats and leaders in the forefront of New World Order movement. It covers contribution from India, Australia, US, U.K., Japan and Germany . The objective is to motivate academic debate on New World Order.
Dr. Marian Pinheiro in the forward writes:
“Progress in the area of communication and computer revolution has in fact made the idea of global village a reality. On the other hand, frenzied nationalism, rabid fundamentalism and narrow parochialism are yet to cease to exist on the global scenario. Terrorism and unprovoked attacks of nations have created a new threat the world over...”
And further
“I am certain this intellectual exercise will definitely stimulate discussions and debates of what could be envisaged as the future world or that of a world community.“
CONTENTS
Foreword by Dr. Marian Pinheiro
SECTION I
World Constitutionalism by Dr. Carmo D’Souza
The Universal Declaration of Human Rights At 58: An Assessment by Dr. T.R. Subramanya
Human Rights in the Age of Globalisation: Some Thoughts by Dr.Maria-Suzette Fernandes-Dias
Environmental Sovereignty: Dilution of National Boundaries. A Case for World Constitution by Dr. Sairam Bhat
Looking Beyond National Boundaries in the Era of Globalisation: A Critical Analysis by Vishwanath. M
Global Democracy or Global Enlightened Despotism? By Fernando A. Iglesias
Constitutionalism in the United States of America and Abroad by Dr. Joseph Preston Baratta
How World Federalism Will Likely Come Into Existence by James T. Ranney
Neighborhood discussions about global constitutions might hopefully invent gimmicks that could be blended into a ratifiable Constitution for a Supra-National Federation by John R. Ewbank
Planetary Humanism by Carl Coon
Proposal for a New Vision and Strategy of Global Democracy by Troy Davis
Towards A Conceptual Framework to Evaluate World Parliament Proposals by Troy Davis
The Internet And The First Steps Towards A World Constitution by Otfried Schrot
Politics of Opportunity by Hank Stone
Some Thoughts on UNESCO and Reform of the United Nations by Ian Anderson
World Healing by Dr. Doug. N. Everingham
Justice, Peace and Equality by Dr. Fatima Mascarenhas e Noronha
The Kingdom of Bahrain: The Pearl of the Arabian Gulf. By Dr. T.R. Subramanya
Has Indian Negotiating Power, To Achieve An International Order Based On Justice And The Rule Of Law, Increased Since The 1998 Nuclear Tests? By Dr. Klaus Schlichtmann
Secularism in India, U.S.A. and United Kingdom by RANJANA FERRĂO
History of World Democracy by Kenneth Kostyo
Section II
SYNOPSIS OF THESIS AND BOOKS
The Politics of World Federation
Dr. Joseph Preston Baratta
The Politics of World Federation Achievements
Dr. Joseph Preston Baratta
Asian Works on World Federalism
Dr. Joseph P. Baratta
Towards a World Constitution
Dr. Carmo D’Souza
Concepts in Law
Carmo D’Souza
One World Democracy
Jerry Tetalman
Released by Cambridge Scholar’s Publishing in 2009
Civil Law Studies An Indian Perspective
Edited by Dr. Anthony D’Souza and Dr. Carmo D’Souza
Foreword by Prof. (Dr.) N.R. Madhava Menon
Table of Contents
Contents
Foreword by Prof. (Dr.) N.R. Madhava Menon
Acknowledgement
PART I : Civil Law
Civil Law Studies: India Perspective
By Carmo D’Souza
Civil Law Code: Presumptions and Pretensions
By M. Pinheiro
The Civil Law and the Common Law Traditions: An Appraisal
By Kim Couto
PART II : Law in Globalizing World
The European Constitution and National Constitutions – A complementary relationship Fausto de Quadros
International Harmonization and Unification of Private Law in a Globalized Economy
Dário Moura Vicente
Globalization: The Need of Approximation and Better Knowledge of the Legal Systems
By Manuel Porto
Putting Sustainable Development into Practice in Europe: The Right to Environment and the Role of Scientific Instruments
By Dário Moura Vicente
International Harmonization and Unification of Private Law in a Globalized Economy
By Alexandra Aragão
International Criminal Court: the Zeitgeist
By Ojsvita Srivasta
The Charter of Fundamental Rights – A Perspective
By B. S. Patil and Jatin Naik
PART III : Criminal Law
Criminal Justice System: A Corner Stone of Good Governance
By Vishwanath. M and Shurpali Shruti Arvind
Necessity as a Defense under Penal Code: A Comparative Analysis
By Shaber Ali. G
Revision of the Portuguese Code of Criminal Procedure
By Paulo de Sousa Mendes
PART IV : Contracts
Standard Forms of Contract in German and Common Law
By Sairam Bhat
The Formation of Contracts: A Comparison between the Indian Contract Act of 1872 and the Portuguese Civil Code of 1966
By Luís Manuel Teles de Menezes Leitão
PART V : Family Laws
Law Relating to Marriage in India
By Ranjana Ferrao
Divorce under the Family Law of Goa: Comparative Analysis with the Hindu and Mohammedan Family Law.
By Mrunmayi M. Vaidya
Indirect Callings under the Civil Codes of 1867 and 1966
By Jorge Duarte Pinheiro
PART VI : Judicial Culture
Auto Regulation Obligations of an Autonomous Profession
By Chidananda Reddy S. Patil
PART VII : History
The Proclamation of the Portuguese Constitution and its Effect on the Estado Da India Portuguesa
By Maria de Lourdes Bravo da Costa Rodrigues
Colonial Administration in Goa (1836- 1961) :The Governor General
By Maria Pia de Menezes Rodrigues
Goan Communidades – Rural Social Welfare Institutions
By Remy Dias
Appendices
Appendix I : Civil Law Studies : A Report of Lecture Series 2008
Appendix II: Comparative Study between Portuguese Constitution and Indian Constitution
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