Download or read book Legality s Borders written by Keith Culver and published by Oxford University Press. This book was released on 2010-03-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Download or read book Borders of Belonging written by Heide Castañeda and published by Stanford University Press. This book was released on 2019-02-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borders of Belonging investigates a pressing but previously unexplored aspect of immigration in America—the impact of immigration policies and practices not only on undocumented migrants, but also on their family members, some of whom possess a form of legal status. Heide Castañeda reveals the trauma, distress, and inequalities that occur daily, alongside the stratification of particular family members' access to resources like education, employment, and health care. She also paints a vivid picture of the resilience, resistance, creative responses, and solidarity between parents and children, siblings, and other kin. Castañeda's innovative ethnography combines fieldwork with individuals and family groups to paint a full picture of the experiences of mixed-status families as they navigate the emotional, social, political, and medical difficulties that inevitably arise when at least one family member lacks legal status. Exposing the extreme conditions in the heavily-regulated U.S./Mexico borderlands, this book presents a portentous vision of how the further encroachment of immigration enforcement would affect millions of mixed-status families throughout the country.
Download or read book Illegal Traveller written by S. Khosravi and published by Springer. This book was released on 2010-04-14 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on fieldwork among undocumented immigrants and asylum seekers Illegal Traveller offers a narrative of the polysemic nature of borders, border politics, and rituals and performances of border-crossing. Interjecting personal experiences into ethnographic writing it is 'a form of self-narrative that places the self within a social context'.
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Download or read book The Bible and Borders written by M. Daniel Carroll R. and published by Brazos Press. This book was released on 2020-05-19 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: With so many people around the globe migrating, how should Christians and the church respond? Leading Latino-American biblical scholar M. Daniel Carroll R. (Rodas) helps readers understand what the Bible says about immigration, offering accessible, nuanced, and sympathetic guidance for the church. After two successful editions of Christians at the Border, and having talked and written about immigration over the past decade, Carroll has sharpened his focus and refined his argument to make sure we hear clearly what the Bible says about one of the most pressing issues of our day. He has reworked the biblical material, adding insights and broadening the frame of reference beyond the US. As Carroll explores the surprising amount of material in the Old and New Testaments that deals with migration, he shows how this topic is fundamental to the message of the Bible and how it affects our understanding of God and the mission of the church.
Download or read book The Gang Paradox written by Robert J. Durán and published by Studies in Transgression. This book was released on 2018-04-08 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert J. Durán analyzes the impact of deportation, incarceration, and racialized perceptions of criminality on Latino families and youth along the U.S.-Mexico border. He finds significantly less gang membership and activity than common fearmongering claims would have us believe.
Download or read book Cities Borders and Spaces in Intercultural American Literature and Film written by Ana M. Manzanas and published by Routledge. This book was released on 2011-06-21 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the spatial morphologies represented in a wide range of contemporary ethnic American literary and cinematic works. Drawing from Henri Lefebvre’s theorization of space as a living organism, Edward Soja’s writings on the postmetropolis, Marc Augé’s notion of the non-place, Manuel Castells’ space of flows, and Michel de Certeau’s theories of walking as a practice, the volume extends previous theorizations by examining how spatial uses, appropriations, strictures, ruptures, and reconfigurations function in literary texts and films that represent inhabitants of racial-ethnic borderlands and migrational U.S. cities. The authors argue for the necessity of an alternative poetics of place that makes room for those who move beyond the spaces of traditional visibility—displaced and homeless people, undocumented workers, hybrid and/or marginalized populations rendered invisible by the cultural elite, yet often disciplined by agents of surveillance. Building upon Doreen Massey’s conceptualization of liminal space as a sphere in which narratives intersect, clash, or cooperate, this study recasts spatial paradigms to insert an array of emergent geographies of invisibility that the volume traverses via the analysis of works by Chuck Palahniuk, Helena Viramontes, Karen Tei Yamashita, Gloria Anzaldúa, Alejandro Morales, and Li-Young Lee, among others, and films such as Thomas McCarthy’s The Visitor, Steven Spielberg’s The Terminal, and Alejandro Gonzalez Iñárritu’s Babel.
Download or read book Courts without Borders written by Tonya L. Putnam and published by Cambridge University Press. This book was released on 2016-08-04 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.
Download or read book Taxing German Dutch Cross Border Activities written by Bert Alink and published by Institut für Finanz- und Steuerrecht, Universität Osnabrück. This book was released on 2015-02-04 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border economic activity is gaining more and more importance. This is especially true for the border region between Germany and the Netherlands. The GD Tax Centre was founded to research on the taxation of such activities in 2012. The GD Tax Centre brought together renowned scientists and a significant number of emerging young talents from both sides of the border over a period of three years. This anthology represents some of the research results of the GD Tax Centre. Further research results have been made public via events, presentations or academic publications and a variety of other ways. It consists of many different articles, which mainly discuss topics of cross-border business activities and compare the tax treatment in Germany and the Netherlands. An enormous part of this book focuses on the new German-Dutch tax treaty, which hopefully will enter into force in January 2016. Additionally some articles concern a more general or even a more specific research question. This project was kindly supported by: University of Osnabrück, Tilburg University, University of Münster, PwC, Hartmann & Kiwit, De Kok, Provincie Gelderland, Provincie Overijssel, Euregio, Niedersächsisches Ministerium für Wirtschaft, Arbeit und Verkehr, Ministerium für Wirtschaft, Energie, Bauen, Wohnen und Verkehr des Landes Nordrhein-Westfalen, Interreg Deutschland-Nederland, European Regional Development Fund.
Download or read book Policing Mobility Regimes written by Giuseppe Campesi and published by Routledge. This book was released on 2021-08-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 30 years after its birth, the Schengen area of free movement is under siege in Europe: new barriers are being erected along land borders, military assets are increasingly deployed to patrol the Mediterranean, while sophisticated surveillance tools are used to keep track of the flows of people crossing into European space. Bringing together perspectives from political geography, critical criminology and legal theory, Policing Mobility Regimes offers a systematic analysis of the impact that Frontex is having on migration control strategies at the EU level and offers a detailed empirical description of the agency’s organization and operational activities. In addition, this book explores the meaning behind the attempt at developing a post-national border control strategy and what effect this might have on the geopolitics of Europe’s borders. It contributes to the wider theoretical debate on the relationships among migration, security and the transformation of borders in contemporary Europe. An accessible and compelling read, this book will appeal to all those engaged with criminology, sociology, geography, politics and law as well as all those interested in learning about Europe’s changing borders.
Download or read book Migration Borders and Citizenship written by Maurizio Ambrosini and published by Springer Nature. This book was released on 2019-08-22 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection goes beyond the limited definition of borders as simply dividing lines across states, to uncover another, yet related, type of division: one that separates policies and institutions from public debate and contestation. Bringing together expertise from established and emerging academics, it examines the fluid and varied borderscape across policy and the public domains. The chapters encompass a wide range of analyses that covers local, national and transnational frameworks, policies and private actors. In doing so, Migration, Borders and Citizenship reveals the tensions between border control and state economic interests; legal frameworks designed to contain criminality and solidarity movements; international conventions, national constitutions and local migration governance; and democratic and exclusive constructions of citizenship. This novel approach to the politics of borders will appeal to sociologists, political scientists and geographers working in the fields of migration, citizenship, urban geography and human rights; in addition to students and scholars of security studies and international relations.
Download or read book Shadows of War written by Carolyn Nordstrom and published by Univ of California Press. This book was released on 2004-05-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and compelling examination of the deep politics of war, Carolyn Nordstrom takes us from the immediacy of war-zone survival, through the offices of power brokers, to vast extra-legal networks that fuel war and international profiteering. She captures the human face of the front lines, revealing both the visible and the hidden realities of war in the twenty-first century. Shadows of War is grounded in ethnographic research carried out at the epicenters of political violence on several continents. Its pages are populated not only with the perpetrators and victims of war but also with the scoundrels, silent heroes, and average families who live their lives in the midst of explosive violence. War reconfigures our most basic notions of humanity, Nordstrom demonstrates. This book, of crucial importance at the present moment, shows that war is enmeshed in struggles over the very foundations of the sovereign state, the crafting of economic empires both legal and illegal, and innovative searches for peace. Nordstrom describes the multi-trillion-dollar international financial networks that support warfare. She traces the entangled routes by which illegal drugs, precious gems, weapons, basic food supplies, and pharmaceuticals are moved by an international cast of businesspeople, profiteers, and black-market operators. Shadows of War demonstrates how the experiences of both the architects of war and of ordinary people are deleted from media accounts and replaced with stories about soldiers, weapons, and territory. For the first time, this book retrieves from the shadows the faces of those whose stories seldom reach the light of international recognition.
Download or read book The Border Reader written by Gilberto Rosas and published by Duke University Press. This book was released on 2023-09-18 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Border Reader brings together canonical and cutting-edge humanities and social science scholarship on the US-Mexico border region. Spotlighting the vibrancy of border studies from the field’s emergence to its enduring significance, the essays mobilize feminist, queer, and critical ethnic studies perspectives to theorize the border as a site of epistemic rupture and knowledge production. The chapters speak to how borders exist as regions where people and nation-states negotiate power, citizenship, and questions of empire. Among other topics, these essays examine the lived experiences of the diverse undocumented people who move through and live in the border region; trace the gendered and sexualized experiences of the border; show how the US-Mexico border has become a site of illegality where immigrant bodies become racialized and excluded; and imagine anti- and post-border futures. Foregrounding the interplay of scholarly inquiry and political urgency stemming from the borderlands, The Border Reader presents a unique cross section of critical interventions on the region. Contributors. Leisy J. Abrego, Gloria E. Anzaldúa, Martha Balaguera, Lionel Cantú, Leo R. Chavez, Raúl Fernández, Rosa-Linda Fregoso, Roberto G. Gonzales, Gilbert G. González, Ramón Gutiérrez, Kelly Lytle Hernández, José E. Limón, Mireya Loza, Alejandro Lugo, Eithne Luibhéid, Martha Menchaca, Cecilia Menjívar, Natalia Molina, Fiamma Montezemolo, Américo Paredes, Néstor Rodríguez, Renato Rosaldo, Gilberto Rosas, María Josefina Saldaña-Portillo, Sonia Saldívar-Hull, Alicia Schmidt Camacho, Sayak Valencia Triana, Carlos G. Vélez-Ibáñez, Patricia Zavella
Download or read book Legal Borderlands written by Mary L. Dudziak and published by . This book was released on 2006-05-08 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Living Together Across Borders written by Assistant Professor Lynnette Arnold and published by Oxford University Press. This book was released on 2024-06-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living Together Across Borders: Care Through Communication in Separated Salvadoran Families tells the stories of extended families living stretched between a rural Salvadoran village and the urban locations in the United States where their migrant relatives live. Author Lynnette Arnold focuses on their cross-border conversations, demonstrating that this communication is a vital resource for enacting care-at-a-distance. She examines seemingly mundane interactions including greetings, remittance negotiations, and reminiscing together. Arnold demonstrates that while these practices are distributed in ways that reinforce boundaries between migrant and non-migrant relatives, families simultaneously use these same practices to build convivencia (living-together) despite ongoing separation.
Download or read book Admissibility of Evidence in EU Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and published by Bloomsbury Publishing. This book was released on 2024-05-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
Download or read book Contemporary Challenges to EU Legality written by Claire Kilpatrick and published by Oxford University Press. This book was released on 2021 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume on the law of the European Union focuses on contemporary challenges to EU legality. Such challenges include actions or activities that cast doubt on, or sit uncomfortably with, the premises, principles, and norms that underpin the EU's legal order as proclaimed by the Treaties and the authoritative judgments of the European Court. These premises, principles, and norms range from the precisely formulated to the noticeably vague. The book develops a broader theoretical perspective as well as delving into a range of substantive areas including the Common Foreign and Security Policy, the EU's relationship with international law, migration, the sovereign debt crisis, and Brexit.
