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| Author | : Eve Darian-Smith |
| Publisher | : University of Michigan Press |
| Total Pages | : 362 |
| Release | : 1999 |
| Genre | : History |
| ISBN | : 9780472109562 |
Essays reveal the central part played by law in constituting the West as the antithesis of various 'others'
| Author | : Jeremy Gould |
| Publisher | : Taylor & Francis |
| Total Pages | : 251 |
| Release | : 2023-03-24 |
| Genre | : Law |
| ISBN | : 0429581645 |
This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an imperial form of power, embodied in the person of the republican president, termed here prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists – lawyers, judges and civic leaders – the study examines how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have sidelined popular participation and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis.
| Author | : Mohammad Shahabuddin |
| Publisher | : Cambridge University Press |
| Total Pages | : 379 |
| Release | : 2021-06-10 |
| Genre | : Law |
| ISBN | : 1108483674 |
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
| Author | : Henry Schwarz |
| Publisher | : John Wiley & Sons |
| Total Pages | : 624 |
| Release | : 2008-04-15 |
| Genre | : Literary Criticism |
| ISBN | : 0470998334 |
This volume examines the tumultuous changes that have occurred and are still occurring in the aftermath of European colonization of the globe from 1492 to 1947. Ranges widely over the major themes, regions, theories and practices of postcolonial study Presents original essays by the leading proponents of postcolonial study in the Americas, Europe, India, Africa, East and West Asia Provides clear introductions to the major social and political movements underlying colonization and decolonization, accessible histories of the literature and culture, and separate regions affected by European colonization Features introductory essays on the major thinkers and intellectual schools that have informed strategies of national liberation worldwide Offers an incisive summary of the long history and theory of modern European colonization in local detail and global scale
| Author | : Austin Sarat |
| Publisher | : John Wiley & Sons |
| Total Pages | : 688 |
| Release | : 2008-04-15 |
| Genre | : Social Science |
| ISBN | : 047069291X |
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
| Author | : Richard Powell |
| Publisher | : Springer Nature |
| Total Pages | : 300 |
| Release | : 2020-02-24 |
| Genre | : Foreign Language Study |
| ISBN | : 981151173X |
This book discusses multilingual postcolonial common law, focusing on Malaysia’s efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?
| Author | : Simon Stern |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 921 |
| Release | : 2020-01-16 |
| Genre | : Law |
| ISBN | : 0190695625 |
How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.
| Author | : Nonso Okafo |
| Publisher | : Routledge |
| Total Pages | : 266 |
| Release | : 2016-04-08 |
| Genre | : Social Science |
| ISBN | : 1317070275 |
Drawing on data from a cross-section of postcolonial nations across the world and on a detailed case-study of Nigeria, this book examines the experience of recreating law and justice in postcolonial societies. The author's definition of postcolonial societies includes countries that have emerged from external colonial rule, such as Nigeria and India as well as societies that have overcome internal dominations, such as Afghanistan and Iraq. Suggesting that restructuring a system of law and justice must involve a consideration of the traditions, customs and native laws of a society as well as the official, often foreign rules, this volume examines how ethnically complex nations resolve disputes, whether criminal or civil, through a combination of formal and informal social control systems. This book is unique in its concern with how the average citizens of a postcolonial society can play more active parts in their nation's law and justice, and how modern and increasingly urban societies can learn from indigenous peoples and institutions, which are more informal in their approaches to problem-solving. The concluding chapter looks at the possibility of an increased role for civil as opposed to criminal response in the social control system of a postcolonial society.
| Author | : Philipp Dann |
| Publisher | : Cambridge University Press |
| Total Pages | : 609 |
| Release | : 2013-11-07 |
| Genre | : Business & Economics |
| ISBN | : 1107020298 |
This comparative study of rules governing development assistance asks how accountability, human rights and sovereignty are preserved while combating poverty.
| Author | : Mohammad Shahabuddin |
| Publisher | : Cambridge University Press |
| Total Pages | : 379 |
| Release | : 2021-06-10 |
| Genre | : Law |
| ISBN | : 1108665233 |
The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.
