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Diaspora, Law and Literature

Diaspora, Law and Literature
Author: Klaus Stierstorfer
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 367
Release: 2016-11-07
Genre: Language Arts & Disciplines
ISBN: 3110489252

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The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.


Diaspora and Law

Diaspora and Law
Author: Liliana Ruth Feierstein
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 226
Release: 2023-10-02
Genre: History
ISBN: 3111063046

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Today, law is no longer homogenous or unquestioned. Different overlapping legal systems constantly interfere with one another, both on an international level, in complex transnational contexts such as the European Union or human rights law, but also in the context of cultural diversity or conflicts between religious norms and civil institutions, between minorities and the power of the state. On the other hand, the neutrality of law is also under growing pressure, be it from different global transnational players, or from within nation states where calls are made to adapt law to the will of "the people." The heated European debate on the "refugee crisis" has made it manifest that law is more necessary than ever and yet fundamentally contested, perhaps even caught in contradictions and self-limitations. At the same time, the current perspective on legal problems allows us to address issues of diversity and the role of Europe in the globalized world more clearly. The articles of this book take these recent developments and debates as a starting point to discuss from the perspective of different disciplines the pressing question of how to live together in the new millennium and how to figure the long history of law before, besides, and after the dominant paradigm of state law.


Spacing (in) Diaspora

Spacing (in) Diaspora
Author: Emma Patchett
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 339
Release: 2017-06-26
Genre: Literary Criticism
ISBN: 3110543699

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This work attempts to counteract the essentialism of originary thinking in the contemporary era by providing a new reading of a relatively understudied corpus of literature from a ambivalently stereotyped diasporic group, in order to rethink and problematise the concept of diaspora as a spatial concept. As work situated in the Law-in-Literature movement, beyond the disciplinary boundaries of scholarship, this book aims to construct a ‘literary jurisprudence’ of diaspora space, deconstructing space in order to question what it means to be ‘settled’ in literary refractions of the lawscape by drawing on refractions of case law in a corpus of texts by Romani authors. These texts are used as hermeutic framings to draw unique spatio-temporal landscapes through which the reader can explore the refractive, reflective, interpretative conditions of legality as a crucible in which to theorise law.The radical intent of this work, therefore, is to deconstruct jurisprudential spatial order in order to theorize diaspora space, in the context of the Roma Diaspora. This work will offer readers new possibilities to re-imagine diaspora through law and literature and provides an innovative critical interdisciplinary analysis of the shaping of space.


Aftermath

Aftermath
Author: Dan Kanstroom
Publisher: OUP USA
Total Pages: 259
Release: 2012-06-29
Genre: Law
ISBN: 0199742723

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Examines the current deportation system in the United States, the aftermath effects, and the political, social and legal issues.


Diaspora, Law and Literature

Diaspora, Law and Literature
Author: Klaus Stierstorfer
Publisher: de Gruyter
Total Pages: 310
Release: 2016-09-20
Genre: Literary Criticism
ISBN: 9783110485417

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Diaspora Studies have emerged to study the changing patterns of global migration and home making. This volume offers new perspectives on this highly relevant field of research by integrating both legal and literary aspects, questions and methodologies in the study of diasporas and migration.


A Law Book for the Diaspora

A Law Book for the Diaspora
Author: John Van Seters
Publisher: Oxford University Press
Total Pages: 262
Release: 2002-11-21
Genre: Religion
ISBN: 9780198034957

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The foundation for all study of biblical law is the assumption that the Covenant Code is the oldest legal code in the Hebrew Bible and that all other laws are revisions of that code. This book sets forth the radical hypothesis that those laws in the covenant code that are similar to Deuteronomy and the Holiness Code are in fact later than both of these, and therefore can't be taken as the foundation of Hebrew Law.


Wanderers Among the Nations

Wanderers Among the Nations
Author: Óscar A. Lema Bouza
Publisher:
Total Pages: 255
Release: 2020
Genre: Emigration and immigration law
ISBN:

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Ever since humans have been on Earth, there has been migration. And with migration, come transnational attachments, sometimes creating phenomena which have been called 'diasporas' since the Septuagint. Although traditionally applied only to some paradigmatic cases, particularly the Jewish, Armenian or Greek diasporas, in recent times the term has come to be used more broadly to cover new situations arising from the current globalized world. This thesis addresses legal instruments used by European states to engage with populations abroad that they consider diasporas. Traditionally ignored by legal scholarship, diasporas had been often addressed from the point of view of the so-called 'host country'. This thesis takes the perspective of the 'motherland', and how 'diaspora laws' respond to the diasporic phenomenon. After defining key concepts, such as 'diaspora' itself, the thesis identifies five categories of diaspora laws. Building on this typology, the thesis takes a double approach. The first is a comparative legal take on the diaspora laws of four EU Member countries: Hungary, Ireland, Italy, and Spain, selected because of the different characteristics of their diasporas. By analyzing the laws of these countries, the thesis finds that diaspora legislation does not necessarily respond to diaspora characteristics, but rather too often to partisan interests in the state of origin. The second part of the thesis looks at several aspects of diaspora laws which may clash with established principles of international law. In particular, the thesis considers jurisdiction, nationality, and other principles like pacta sunt servanda, nondiscrimination, and non-intervention and friendly relations. The thesis finds that while most diaspora laws do not clash with these principles, several issues could arise, in particular with regards to friendly relations. The main conclusion of the thesis is thus that more international cooperation is desirable in relation to diasporas.


Diaspora: A Very Short Introduction

Diaspora: A Very Short Introduction
Author: Kevin Kenny
Publisher: Oxford University Press
Total Pages: 170
Release: 2013-06-17
Genre: History
ISBN: 0199858608

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What does diaspora mean? Until quite recently, the word had a specific and restricted meaning, referring principally to the dispersal and exile of the Jews. But since the 1960s, the term diaspora has proliferated to a remarkable extent, to the point where it is now applied to migrants of almost every kind. This Very Short Introduction explains where the concept of diaspora came from, how its meaning changed over time, why its usage has expanded so dramatically in recent years, and how it can both clarify and distort the nature of migration. Kevin Kenny highlights the strength of diaspora as a mode of explanation, focusing on three key elements--movement, connectivity, and return--and illustrating his argument with examples drawn from Jewish, Armenian, African, Irish, and Asian diasporas. He shows that diaspora is not simply a synonym for the movement of people. Its explanatory power is greatest when people believe that their departure was forced rather than voluntary. Thus diaspora would not really explain most of the Irish migration to America, but it does shed light on the migration compelled by the Great Famine. Kenny also describes how migrants and their descendants develop diasporic cultures abroad--regardless of the form their migration takes--based on their connections with a homeland, real or imagined, and with people of common origin in other parts of the world. Finally, most conceptions of diaspora feature the dream of a return to a homeland, even when this yearning does not involve an actual physical relocation. About the Series: Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible. Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library. Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.


Spacing (in) Diaspora

Spacing (in) Diaspora
Author: Emma Patchett (Law research fellow)
Publisher:
Total Pages: 223
Release: 2017
Genre: SOCIAL SCIENCE
ISBN: 9783110544282

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This work attempts to counteract the essentialism of originary thinking in the contemporary era by providing a new reading of a relatively understudied corpus of literature from a ambivalently stereotyped diasporic group, in order to rethink and problematise the concept of diaspora as a spatial concept. As work situated in the Law-in-Literature movement, beyond the disciplinary boundaries of scholarship, this book aims to construct a 'literary jurisprudence' of diaspora space, deconstructing space in order to question what it means to be 'settled' in literary refractions of the lawscape by drawing on refractions of case law in a corpus of texts by Romani authors. These texts are used as hermeutic framings to draw unique spatio-temporal landscapes through which the reader can explore the refractive, reflective, interpretative conditions of legality as a crucible in which to theorise law.The radical intent of this work, therefore, is to deconstruct jurisprudential spatial order in order to theorize diaspora space, in the context of the Roma Diaspora. This work will offer readers new possibilities to re-imagine diaspora through law and literature and provides an innovative critical interdisciplinary analysis of the shaping of space.


Land and Freedom

Land and Freedom
Author: Andrew Buck
Publisher: Routledge
Total Pages: 203
Release: 2020-07-24
Genre: Law
ISBN: 1000152235

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Conflicts caused by competing concepts of property are the subject of this book that reshapes study of the relationship between law and society in Australasia and North America. Chapters analyse decisions made by governments and courts upon questions of policy and law in terms of their consequences for rights and models of personhood. Late twentieth-century decisions concerning native title in Canada and Australia demonstrate the relevance of historical case studies of communal and fee-simple land holding in colonial and post-colonial societies. An international team of contributors draw on their experience from a wide range of disciplinary backgrounds and jurisdictions.