Download or read book Indigeneity Before and Beyond the Law written by Kathleen Birrell and published by Routledge. This book was released on 2016-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

Download or read book Indigeneity written by Kathleen Birrell and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

Download or read book Studies in Law Politics and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2010-03-05 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Studies in Law, Politics, and Society contains a sampling of work from some of the most promising junior scholars in the next generation of the law and society community. Nominated by their advisors or mentors, their work explores some of the newest areas of law and society research as well as brings fresh insight to bear on enduring

Download or read book Research Handbook on Feminist Engagement with International Law written by Susan Harris Rimmer and published by Edward Elgar Publishing. This book was released on with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.

Download or read book Sovereignty written by Julie Evans and published by University of Hawaii Press. This book was released on 2012-11-30 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unparalleled in its breadth and scope, Sovereignty: Frontiers of Possibility brings together some of the freshest and most original writing on sovereignty being done today. Sovereignty’s many dimensions are approached from multiple perspectives and experiences. It is viewed globally as an international question; locally as an issue contested between Natives and settlers; and individually as survival in everyday life. Through all this diversity and across the many different national contexts from which the contributors write, the chapters in this collection address each other, staging a running conversation that truly internationalizes this most fundamental of political issues. In the contemporary world, the age-old question of sovereignty remains a key terrain of political and intellectual contestation, for those whose freedom it promotes as well as for those whose freedom it limits or denies. The law is by no means the only language in which to think through, imagine, and enact other ways of living justly together. Working both within and beyond the confines of the law at once recognizes and challenges its thrall, opening up pathways to alternative possibilities, to other ways of determining and self-determining our collective futures. The contributors, Indigenous and non-Indigenous alike, converse across disciplinary boundaries, responding to critical developments within history, politics, anthropology, philosophy, and law. The ability of disciplines to connect with each other—and with experiences lived outside the halls of scholarship—is essential to understanding the past and how it enables and fetters the pursuit of justice in the present. Sovereignty: Frontiers of Possibility offers a reinvigorated politics that understands the power of sovereignty, explores strategies for resisting its lived effects, and imagines other ways of governing our inescapably coexistent communities. Contributors: Antony Anghie, Larissa Behrendt, John Docker, Peter Fitzpatrick, Kent McNeil, Richard Pennell, Alexander Reilly, Ben Silverstein, Nin Tomas, Davina B. Woods.

Download or read book Indigenous Peoples Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-11-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Download or read book American Examples written by Samah Choudhury and published by University of Alabama Press. This book was released on 2022-12-06 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fresh new perspectives on the study of religion, ranging from SoulCycle to Mark Twain American Examples: New Conversations about Religion, Volume Two, is the second in a series of annual anthologies produced by the American Examples workshop hosted by the Department of Religious Studies at The University of Alabama. In the latest volume from this dynamic academic project, nine scholars with diverse topics and methodologies vividly reimagine the meaning of all three words in the phrase “American religious history.” The essays use case studies from America, broadly conceived, to ask trenchant theoretical questions that are of interest to scholars and students beyond the subfield of American religious history. Cody Musselman uses a Weberian analysis to explore questions of identity, authority, and authenticity in the world of SoulCycle while Zachary T. Smith finds commonality between the rhetoric and practices of scholarship and mixed martial arts. Erik Kline provides a new perspective on the psychedelic mysticism of the 1960s, and Brook Wilensky-Lanford takes stock of the cultural power of parody in Mark Twain’s last work of fiction. Christopher Cannon Jones examines the reciprocal relationship between religious texts and cultural contexts by comparing early Mormon missions to Hawai‘i and Jamaica and Lindsey Jackson explores what debates over circumcision can tell us about gender stereotypes and motherhood. Dana Lloyd uses the 1988 Supreme Court decision in Lyng v. Northwest Indian Cemetery Protective Association as a case study in order to consider how Indigenous religion and sovereignty have been understood and adjudicated in the American legal system. Matt Sheedy studies the identity categories of “atheist” and “ex-Muslim” and Brad Stoddard uses ethnographic fieldwork to evaluate the role of religious pluralism in regulating and policing correctional institutions. Editors Samah Choudhury and Prea Persaud provide an introduction that reconsiders the trajectory of the American Examples project in light of the siege on the US Capitol in January 2021 and the continuing COVID pandemic. Visit americanexamples.ua.edu for more information on upcoming workshop dates and future projects. CONTRIBUTORS Michael J. Altman / Samah Choudhury / Lindsey Jackson / Christopher Cannon Jones / / Erik Kline / Dana Lloyd / Cody Musselman / Prea Persaud / Matt Sheedy / Zachary T. Smith / Brad Stoddard / Brook Wilensky-Lanford

Download or read book Reconsidering REDD written by Julia Dehm and published by Cambridge University Press. This book was released on 2021-06-03 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.

Download or read book Indigenous Peoples as Subjects of International Law written by Irene Watson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Download or read book The Literary and Legal Genealogy of Native American Dispossession written by George D Pappas and published by Routledge. This book was released on 2017-07-14 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.

Download or read book Land Is Kin written by Dana Lloyd and published by University Press of Kansas. This book was released on 2023-11-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to Vine Deloria, Jr.’s call for all people to “become involved” in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights—one party’s religious freedom and another party’s property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country—an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations—to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership. Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions—between property and sacred site, between the federal government and Native nations—toward seeing the land itself as sovereign.

Download or read book The Routledge Handbook of Law and the Anthropocene written by Peter D. Burdon and published by Taylor & Francis. This book was released on 2023-05-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time when humans have the power to impact the Earth system. The Anthropocene is a “crisis of the earth system.” This book addresses its implications for law and legal thinking in the twenty-first century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers, and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts, and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question. Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering, and civil disobedience, this handbook will be of enormous interest to academics, students, and others with interests in ecological law and the current environmental crisis.

Download or read book Aboriginal Peoples Colonialism and International Law written by Irene Watson and published by Routledge. This book was released on 2014-10-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

Download or read book Nineteenth Century America in the Society of States written by Cornelia Navari and published by Taylor & Francis. This book was released on 2023-12-01 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the United States adopted and contributed to the practices of international society—the habits and practices states use to regulate their relations—during the nineteenth century. Expert contributors consider America’s "entry" into international society and how independence forced it to enter into diplomatic relations with European states and start a permanent engagement with a society of states. Individual chapters focus on U.S. perceptions of the international order and its place within it, the U.S. position on international issues of that period, and how America’s perceptions and positions affected or were affected by the habits, practices, and institutions of international society. This volume will serve as an invaluable text for undergraduate courses focusing on international relations theory and U.S. foreign policy. It will also appeal to established scholars in international relations, diplomacy, and international history and historical sociology.

Download or read book A Legal Personality for the St Lawrence River and other Rivers of the World written by Yenny Vega Cárdenas and published by Editions JFD. This book was released on 2023-03-15 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the recognition of the Whanganui River in New Zealand, the Ganges and Yamuna Rivers in India, the Yarra River in Australia and the Atrato River in Colombia as «subjects of rights», the International Observatory on Nature’s Rights has initiated a reflection on the possibility of recognizing the St. Lawrence River, the «path that walks» as it is called by the First Nations, as a «legal person». The texts in this collective work deal with the implications of attributing a legal personhood and rights to the St. Lawrence River, delve into the epistemological foundations of the paradigm of the recognition of the rights of Nature and present concrete cases of recognition of rivers as subjects of law. Written by experts from several countries where the recognition of the legal personhood of rivers has occurred to date, they take an in-depth look at the challenges and contributions of this paradigm shift in river protection. This book answers questions about the implications of such recognition and contributes to the process of building a new law that has just begun in Quebec and Canada with the adoption in February 2021 of resolutions conferring the status of «legal person» on the MagPie/ Muteshekau Shipu River located on the North Shore of Quebec and on the Nitassinan (ancestral territory) of two Innu communities, Ekuanitshit and Uashat mak Mani-utemam. Contributions : Inès Bennada, David Cordero Heredia, Teresa Vicente Giménez, Stratégies Saint-Laurent, Isabelle Delainey, Uapukun Mestokosho, Sylvain Gaudreault, Andrew Galliano, Nathalia Parra, Bianca De Marchi Moyano, Hugo Muñoz, Danaé Espinoza, Erin O’Donnell, Brettel Dawson, Shrishtee Bajpai, Rébecca Pétrin, Sokhna Sene, Victor David, Daniel Turp and Yenny Vega Cárdenas.

Download or read book Routledge Handbook of International Law and the Humanities written by Shane Chalmers and published by Routledge. This book was released on 2021-05-19 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

Download or read book The Process of International Legal Reproduction written by Rose Parfitt and published by Cambridge University Press. This book was released on 2019-01-17 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: That all states are free and equal under international law is axiomatic to the discipline. Yet even a brief look at the dynamics of the international order calls that axiom into question. Mobilising fresh archival research and drawing on a tradition of unorthodox Marxist and anti-colonial scholarship, Rose Parfitt develops a new 'modular' legal historiography to make sense of the paradoxical relationship between sovereign equality and inequality. Juxtaposing a series of seemingly unrelated histories against one another, including a radical re-examination of the canonical story of Fascist Italy's invasion of Ethiopia, Parfitt exposes the conditional nature of the process through which international law creates and disciplines new states and their subjects. The result is a powerful critique of international law's role in establishing and perpetuating inequalities of wealth, power and pleasure, accompanied by a call to attend more closely to the strategies of resistance that are generated in that process.