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Book The Invisible Origins of Legal Positivism

Download or read book The Invisible Origins of Legal Positivism written by W.E. Conklin and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.

Book Invisible Atrocities

    Book Details:
  • Author : Randle C. DeFalco
  • Publisher : Cambridge University Press
  • Release : 2022-03-17
  • ISBN : 1108487416
  • Pages : 313 pages

Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.

Book Policing the Womb

    Book Details:
  • Author : Michele Goodwin
  • Publisher : Cambridge University Press
  • Release : 2020-03-12
  • ISBN : 110703017X
  • Pages : 339 pages

Download or read book Policing the Womb written by Michele Goodwin and published by Cambridge University Press. This book was released on 2020-03-12 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

Book Invisible Atrocities

    Book Details:
  • Author : Randle C. DeFalco
  • Publisher : Cambridge University Press
  • Release : 2022-03-17
  • ISBN : 1108806732
  • Pages : 313 pages

Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. This book examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which international crimes are identified and conceptualized, leading to the foregrounding of certain forms of mass violence and the backgrounding or complete invisibilization of others. In doing so, it identifies various, seemingly banal ways through which international crimes may be committed and demonstrates how the criminality of such forms of violence and abuse tends to be obfuscated. This book suggests that the failure to address these 'invisible atrocities' represents a major flaw in the current international criminal justice system, one that produces a host of problematic repercussions and undermines the legal legitimacy of international criminal law itself.

Book Purity  Body  and Self in Early Rabbinic Literature

Download or read book Purity Body and Self in Early Rabbinic Literature written by Mira Balberg and published by Univ of California Press. This book was released on 2014-02-15 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways in which the early rabbis reshaped biblical laws of ritual purity and impurity and argues that the rabbis’ new purity discourse generated a unique notion of a bodily self. Focusing on the Mishnah, a Palestinian legal codex compiled around the turn of the third century CE, Mira Balberg shows how the rabbis constructed the processes of contracting, conveying, and managing ritual impurity as ways of negotiating the relations between one’s self and one’s body and, more broadly, the relations between one’s self and one’s human and nonhuman environments. With their heightened emphasis on subjectivity, consciousness, and self-reflection, the rabbis reinvented biblically inherited language and practices in a way that resonated with central cultural concerns and intellectual commitments of the Greco-Roman Mediterranean world. Purity, Body, and Self in Early Rabbinic Literature adds a new dimension to the study of practices of self-making in antiquity by suggesting that not only philosophical exercises but also legal paradigms functioned as sites through which the self was shaped and improved.

Book Invisible Subjects

Download or read book Invisible Subjects written by Heidi Kim and published by Oxford University Press. This book was released on 2016-03-04 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Invisible Subjects broadens the archive of Asian American studies, using advances in Asian American history and historiography to reinterpret the politics of the major figures of post-World War II American literature and criticism. Taking its theoretical inspiration from the work of Ralph Ellison and his focus on the invisibility of a racial minority in mainstream history, Heidi Kim argues that the work of American studies and literature in this era to explain and contain the troubling Asian figure reflects both the swift amnesia that covers the Pacific theater of WWII and the importance of the Asian to immigration debates and civil rights. From the Melville Revival through the myth and symbol school, as well as the fiction of John Steinbeck and William Faulkner, the postwar literary scene exhibits the ambiguity of Asian forms in the 1950s within the binaries of foreigner/native and black/white, as well as the constructs of gender and the nuclear family. It contrasts with the tortured redefinitions of race and nationality that appear in immigration acts and court cases, particularly those about segregation and interracial marriage. The Melville Revival critics' discussion of a mythic and yet realistic diabolical Asian, the role of a Chinese housekeeper in preserving the pioneer family in Steinbeck's East of Eden, and the extent to which the history of the Mississippi Chinese sheds light on Faulkner's stagnant societies all work to subsume a troubling presence. Detailing the archaeology and genealogy of Asian American Studies, Invisible Subjects offers an original, important, and vital contribution to both our understanding of American literary history and the general study of race and ethnicity in American cultural history.

Book More More  The Invisible Oceans

Download or read book More More The Invisible Oceans written by Marina Zurkow and published by punctum books. This book was released on 2016 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: More&More is an art and research project that explores the language and mechanics of global trade, container shipping, and the exchange of goods. It questions a mercantile structure that by necessity disallows the presence of ocean as a real space in order to flatten the world into a Pangaea of capital. The project is presented in two volumes, released in conjunction with an exhibition of Marina Zurkow's work (with collaborators Sarah Rothberg, Surya Mattu, and others) at bitforms gallery in New York City in February 2016.This book, More&More (The Invisible Oceans), is a catalog of the exhibition, featuring many full-color images of the art on display (including video stills, bespoke bathing suits, and fungal sculptures), as well as an introduction by Marina Zurkow and a conversation between Zurkow and international curator Kathleen Forde.

Book Research Handbook on the Sociology of Law

Download or read book Research Handbook on the Sociology of Law written by Jiří Přibáň and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

Book Subjectivity  Citizenship and Belonging in Law

Download or read book Subjectivity Citizenship and Belonging in Law written by Anne Griffiths and published by Routledge. This book was released on 2016-10-04 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Book The Handbook of Civil Society in Africa

Download or read book The Handbook of Civil Society in Africa written by Ebenezer Obadare and published by Springer Science & Business Media. This book was released on 2013-09-21 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together the most up to date analyses of civil society in Africa from the best scholars and researchers working on the subject. Being the first of its kind, it casts a panoramic look at the African continent, drawing out persisting, if often under-communicated, variations in regional discourses. In a majority of notionally ‘global’ studies, Africa has received marginal attention, a marginality often highlighted by the usual token chapter. Filling a critical hiatus, theHandbook of Civil Society in Africa takes Africa, African developments, and African perspectives very seriously and worthy of academic interrogation in their own right. It offers a critical, clear-sighted perspective on civil society in Africa, and positions African discourses within the framework of important regional and global debates. It promises to be an invaluable reference work for researchers and practitioners working in the fields of civil society, nonprofit studies, development studies, volunteerism, civic service, and African studies. Endorsements: "This volume signposts a critical turning point in the renewed engagement with the theory and practice of civil society in Africa. Moving from traditional concerns with disquisitions on the appropriateness and possibility of the existence and vibrancy of the idea of civil society on the continent, the volume approaches the forms, contents, and features of the actually existing civil society in Africa from thematic, regional, and national angles. It demonstrates clearly the extent to which core intellectual work on civil society in Africa has largely moved from concerns with cultural reductionism to a nuanced examination of the complexities of (formal, non-formal, organizational, non-organizational, traditional, newer, usual, unusual) engagements, detailing the extent to which, over time, civil society as a concept has been indigenized, appropriated and adapted in the terrains of politics, society, economy, culture and new technologies on the continent. In all this, the book accomplishes the near-impossible. Without sacrificing the vigour, rigor and freshness of the often unpredictable fruits of up-to-date research into regional and national differences that crop up in the documentation of Africa's multiple realities and discourses, the volume weaves together a rich tapestry of the historical, theoretical and practical dimensions of an expanding civil society sector, and accompanying growth in popular discourse, advocacy, and academic literature, in such a diverse continent as Africa, into a meaningful whole of insightful themes. Written and edited by a very distinguished cross-continental and multi-disciplinary collection of researchers, research students, practitioners and activists, the volume provides cutting-edge evidence and makes a definitive case for a new lease of life for civil society research in Africa." -Adigun Agbaje, Professor of Political Science, University of Ibadan, Nigeria. "Throughout Africa, forms of civic engagement and political participation have seen dynamic change in recent decades, yet conceptions of civil society have rarely accounted for this evolution. This volume is an essential source of new thinking about political association and collective action in Africa. The authors offer a wealth of analysis on changing organizations and social movements, new forms of interaction and communication, emerging strategies and issues, diverse social foundations, and the theoretical implications of a shifting associational landscape. The contributors provide an invaluable addition to the comparative literature on political change, democratic development, and social movements in Africa." Peter Lewis, Johns Hopkins University School of Advanced international Studies

Book Research Handbook on Contract Design

Download or read book Research Handbook on Contract Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2022-05-03 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.

Book The State of Nature  Histories of an Idea

Download or read book The State of Nature Histories of an Idea written by and published by BRILL. This book was released on 2021-12-13 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining intellectual history with current concerns, this volume brings together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature.

Book Assimilation in American Life

Download or read book Assimilation in American Life written by Milton M. Gordon and published by Oxford University Press. This book was released on 2010-12-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first full-scale sociological survey of the assimilation of minorities in America, this classic work presents significant conclusions about the problems of prejudice and discrimination in America and offers positive suggestions for the achievement of a healthy balance among societal, subgroup, and individual needs.

Book Legally Invisible

Download or read book Legally Invisible written by Genevieve Howse and published by . This book was released on 2011 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This paper explains the options available for Australian governments to articulate and allocate responsibilities for health and health care of Australian and Torres Strait Islander people in an enduring, reliable form. It was commissioned by the Lowitja Institute ... in response to widespread recognition of problems in the policy and administrative arrangements for health and health care for Australia's first peoples, including lack of clarity about the responsibilities of governments at various levels."--Executive summary.

Book Comparative Perspectives on Afro Latin America

Download or read book Comparative Perspectives on Afro Latin America written by Kwame Dixon and published by University Press of Florida. This book was released on 2012-03-11 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Perspectives on Afro-Latin America offers a new, dynamic discussion of the experience of blackness and cultural difference, black political mobilization, and state responses to Afro-Latin activism throughout Latin America. Its thematic organization and holistic approach set it apart as the most comprehensive and up-to-date survey of these populations and the issues they face currently available.

Book Supreme Court Appellate Division Second Department

Download or read book Supreme Court Appellate Division Second Department written by and published by . This book was released on 1914 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Authority in the Global Political Economy

Download or read book Authority in the Global Political Economy written by V. Rittberger and published by Springer. This book was released on 2008-03-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes changing patterns of authority in the global political economy with an in-depth look at the new roles played by state and non-state actors, and addresses key themes including the provision of global public goods, new modes of regulation and the potential of new institutions for global governance.