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Traditional, National, and International Law and Indigenous Communities

Traditional, National, and International Law and Indigenous Communities
Author: Marianne O. Nielsen
Publisher: University of Arizona Press
Total Pages: 225
Release: 2020-05-05
Genre: Social Science
ISBN: 0816540411

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This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.


Communities and Law

Communities and Law
Author: Gad Barzilai
Publisher: University of Michigan Press
Total Pages: 381
Release: 2010-02-05
Genre: Law
ISBN: 0472024000

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Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.


Law and Community in Three American Towns

Law and Community in Three American Towns
Author: Carol J. Greenhouse
Publisher: Cornell University Press
Total Pages: 244
Release: 1994
Genre: Law
ISBN: 9780801481697

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Carol J. Greenhouse, Barbara Yngvesson, and David M. Engel analyze attitudes toward the law as a way of commentating on major American myths and ongoing changes in American society.


Community Association Law

Community Association Law
Author: Wayne S. Hyatt
Publisher:
Total Pages: 688
Release: 2008
Genre: Business & Economics
ISBN:

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This second edition of the pioneering Hyatt and French Community Association Law coursebook is an ideal vehicle for introducing students to this increasingly important subject. From housing just 2 million Americans in 1970, common interest communities had grown to house 57 million, or 19% of the American population, by 2006. Community associations, which manage these communities, bear similarities to not-for-profit corporations, municipal governments, and trusts, but are different. The evolving body of community association law draws from all these fields but reflects the unique character and needs of common interest communities. Reflecting the expertise of its authors, the book combines academic rigor and practical knowledge. Primary materials include important cases, statutes (including proposed revisions to UCIOA), the Restatement (Third) of Property, Servitudes, and references to the growing body of literature on gated communities, co-housing developments, private governments, and other property regimes used to avoid the tragedy of the commons in groups that hold common property.


Law, Person, and Community

Law, Person, and Community
Author: John J. Coughlin
Publisher: Oxford University Press, USA
Total Pages: 310
Release: 2012-04-19
Genre: Law
ISBN: 0199756775

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This publication takes up the fundamental question 'What is law?' through a comparative study of canon law and secular legal theory. The book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis the canon law of marriage, administrative law, the rule of law and much more.


The Action for Damages in Community Law

The Action for Damages in Community Law
Author: Ton Heukels
Publisher: Kluwer Law International B.V.
Total Pages: 476
Release: 1997-02-18
Genre: Law
ISBN: 9041103708

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Examining EC provisions for dealing effectively with the need to compensate individuals for wrongful acts, this volume covers topics ranging from non-contractual liability of the Community for different kinds of legal act, to questions of damages and the Community's contractual liability.


Law and Justice in Community

Law and Justice in Community
Author: Garrett Barden
Publisher: Oxford University Press
Total Pages: 302
Release: 2010-08-19
Genre: Law
ISBN: 0199592683

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The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law.


Law's Community

Law's Community
Author: Roger Cotterrell
Publisher: Oxford University Press
Total Pages: 404
Release: 1995
Genre: Law
ISBN: 9780198264903

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These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.


East African Community Law

East African Community Law
Author: Emmanuel Ugirashebuja
Publisher: BRILL
Total Pages: 553
Release: 2017-03-06
Genre: Law
ISBN: 9004322078

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East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.


Family Law in the World Community

Family Law in the World Community
Author: D. Marianne Brower Blair
Publisher:
Total Pages: 968
Release: 2009
Genre: Domestic relations
ISBN:

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The second edition of this casebook has been updated and trimmed, although it retains a wide range of topics and materials. It covers a variety of private international law issues, including child abduction, child custody, adoption, child support enforcement, and recognition of marriages and divorces. The book also explores the impact of public international law on both domestic and international regulation of the family, using topics such as family violence and the rights of the child. Finally, the book uses comparative law materials to examine traditional family law topics, such as the regulation of marriage, the rights of same-sex couples, adoption, reproductive freedom, and more.