July 6, 2022
The Land is the Source of the Law Book

The Land is the Source of the Law | Download eBook Read Pdf-ePub-Kindle

Download full pdf book The Land is the Source of the Law by C.F. Black available in full 224 pages, and make sure to check out other latest books Law related to The Land is the Source of the Law below.

The Land is the Source of the Law

By C.F. Black
  • ISBN Code: : 1136919732
  • Publisher : Routledge
  • Pages : 224
  • Category : Law
  • Reads : 929
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : the-land-is-the-source-of-the-law.pdf

Book Excerpt :

The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.

Recommended Books For Reading


  • The Lens of Ecological Law
    The Lens of Ecological Law

    A Book written by Carla Sbert, published by Edward Elgar Publishing 2020-04-24 - 240 pages - part of Law books.

    Get eBook
  • Aboriginal Customary Law: A Source of Common Law Title to Land
    Aboriginal Customary Law: A Source of Common Law Title to Land

    A Book written by Ulla Secher, published by Bloomsbury Publishing 2014-12-01 - 534 pages - part of Law books.

    Get eBook
  • What Can I Do to Help Heal the Environmental Crisis?
    What Can I Do to Help Heal the Environmental Crisis?

    A Book written by Haydn Washington, published by Routledge 2019-10-01 - 228 pages - part of Science books.

    Get eBook
  • The Oxford Handbook of Global Legal Pluralism
    The Oxford Handbook of Global Legal Pluralism

    A Book written by Paul Schiff Berman, published by Oxford University Press 2020-06-01 - 944 pages - part of Law books.

    Get eBook
  • A Jurisprudence of Movement
    A Jurisprudence of Movement

    A Book written by Olivia Barr, published by Routledge 2016-02-22 - 256 pages - part of Law books.

    Get eBook
  • The Granary Kingdom
    The Granary Kingdom

    A Book written by Dr. Adam Nsubuga Kimala, published by Adam Nsubuga Kimala 2005-01-02 - 218 pages - part of Social Science books.

    Get eBook
  • The Oxford Handbook of Jurisdiction in International Law
    The Oxford Handbook of Jurisdiction in International Law

    A Book written by Stephen Allen,Daniel Costelloe,Malgosia Fitzmaurice,Paul Gragl,Edward Guntrip, published by Oxford University Press 2019-08-27 - 700 pages - part of Law books.

    Get eBook

Read Also This Books

Indigenous Aspirations and Structural Reform in Australia

By Harry Hobbs
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1509940162
  • Total of Pages : 240
  • Category : Law
  • Members : 943
  • Pdf File: indigenous-aspirations-and-structural-reform-in-australia.pdf

Book Short Summary:

Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples' nuanced and complex aspirations, this book presents a viable model for structural reform. It does so by adopting a distinctive and innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples' political aspirations through the concept of sovereignty. It then articulates those themes into a set of criteria legible to Australia's system of governance. This original perspective produces a culturally informed metric to assess institutional mechanisms and processes designed to empower Indigenous peoples. Reflecting the Uluru Statement from the Heart's call for a First Nations Voice, the book applies the criteria to one specific institutional mechanism – Indigenous representative bodies. It analyses in detail the Aboriginal and Torres Strait Islander Commission and the Swedish Sámi Parliament, a representative body for the Indigenous people of Sweden. In examining the Sámi Parliament the book draws on a rich source of primary and secondary untranslated Swedish-language sources, resulting in the most comprehensive English language exploration of this unique institution. Highlighting the opportunities and challenges of Indigenous representative bodies, the book concludes by presenting a novel and informed model for structural reform in Australia that meets Indigenous aspirations.

Constitutionalism of Australian First Nations

By Maria Salvatrice Randazzo
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Taylor & Francis
  • Book Code : 1000609901
  • Total of Pages : 280
  • Category : History
  • Members : 983
  • Pdf File: constitutionalism-of-australian-first-nations.pdf

Book Short Summary:

The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.

Towards a Just and Ecologically Sustainable Peace

By Joseph Camilleri,Deborah Guess
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Nature
  • Book Code : 9811550212
  • Total of Pages : 363
  • Category : Political Science
  • Members : 409
  • Pdf File: towards-a-just-and-ecologically-sustainable-peace.pdf

Book Short Summary:

This book addresses the need to develop a holistic approach to countering violence that integrates notions of peace, justice and care of the Earth. It is unique in that it does not stop with the move toward articulating ‘Just Peace’ as a human concern but probes the mindset needed for the shift to a ‘Just and Ecologically Sustainable Peace’. It explores the values and principles that can guide this shift, theoretically and in practice. International in scope and grounded in the reality of Indigenous and non-Indigenous Australia and the wider Asia-Pacific context, the book brings together important insights drawn from the Indigenous relationship to land, ecological feminism, ecological philosophy, the social sciences more generally, and a range of religious and non-religious cosmologies. Drawn from diverse disciplinary backgrounds, the contributors in this book apply their combined professional expertise and active engagement to illuminate the difficult choices that lie ahead.

Indigeneity: Before and Beyond the Law

By Kathleen Birrell
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1317644808
  • Total of Pages : 268
  • Category : Law
  • Members : 628
  • Pdf File: indigeneity.pdf

Book Short Summary:

Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

Indigenous Rights and Water Resource Management

By Katie O'Bryan
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1351239813
  • Total of Pages : 272
  • Category : Law
  • Members : 264
  • Pdf File: indigenous-rights-and-water-resource-management.pdf

Book Short Summary:

In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.

Law's Indigenous Ethics

By John Borrows
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : University of Toronto Press
  • Book Code : 148753115X
  • Total of Pages : 392
  • Category : Law
  • Members : 729
  • Pdf File: law-s-indigenous-ethics.pdf

Book Short Summary:

Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

By Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Book Code : 3319283359
  • Total of Pages : 420
  • Category : Law
  • Members : 974
  • Pdf File: religious-rules-state-law-and-normative-pluralism-a-comparative-overview.pdf

Book Short Summary:

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

Wild Law - In Practice

By Michelle Maloney,Peter Burdon
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1136008322
  • Total of Pages : 288
  • Category : Law
  • Members : 673
  • Pdf File: wild-law-in-practice.pdf

Book Short Summary:

Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence.

Law Reform in Plural Societies

By Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Book Code : 3319655248
  • Total of Pages : 196
  • Category : Law
  • Members : 126
  • Pdf File: law-reform-in-plural-societies.pdf

Book Short Summary:

This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.

The United Nations Declaration on the Rights of Indigenous Peoples

By Damien Short,Corinne Lennox,Julian Burger,Jessie Hohmann
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000258904
  • Total of Pages : 318
  • Category : Political Science
  • Members : 609
  • Pdf File: the-united-nations-declaration-on-the-rights-of-indigenous-peoples.pdf

Book Short Summary:

The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.

Law, Obligation, Community

By Daniel Matthews,Scott Veitch
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1351403699
  • Total of Pages : 272
  • Category : Law
  • Members : 407
  • Pdf File: law-obligation-community.pdf

Book Short Summary:

Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Biopolitics of the More-Than-Human

By Joseph Pugliese
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Duke University Press
  • Book Code : 1478009071
  • Total of Pages : 309
  • Category : Political Science
  • Members : 587
  • Pdf File: biopolitics-of-the-more-than-human.pdf

Book Short Summary:

In Biopolitics of the More-Than-Human Joseph Pugliese examines the concept of the biopolitical through a nonanthropocentric lens, arguing that more-than-human entities—from soil and orchards to animals and water—are actors and agents in their own right with legitimate claims to justice. Examining occupied Palestine, Guantánamo, and sites of US drone strikes in Afghanistan, Pakistan, Somalia, and Yemen, Pugliese challenges notions of human exceptionalism by arguing that more-than-human victims of war and colonialism are entangled with and subject to the same violent biopolitical regimes as humans. He also draws on Indigenous epistemologies that invest more-than-human entities with judicial standing to argue for an ethico-legal framework that will enable the realization of ecological justice. Bringing the more-than-human world into the purview of justice, Pugliese makes visible the ecological effects of human war that would otherwise remain outside the domains of biopolitics and law.

The Routledge Handbook of Law and Society

By Mariana Valverde,Kamari M. Clarke,Eve Darian Smith,Prabha Kotiswaran
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000345955
  • Total of Pages : 274
  • Category : Law
  • Members : 677
  • Pdf File: the-routledge-handbook-of-law-and-society.pdf

Book Short Summary:

This innovative handbook provides a comprehensive, and truly global, overview of the main approaches and themes within law and society scholarship or social-legal studies. A one-volume introduction to academic resources and ideas that are relevant for today’s debates on issues from reproductive justice to climate justice, food security, water conflicts, artificial intelligence, and global financial transactions, this handbook is divided into two sections. The first, ‘Perspectives and Approaches’, accessibly explains a variety of frameworks through which the relationship between law and society is addressed and understood, with emphasis on contemporary perspectives that are relatively new to many socio-legal scholars. Following the book’s overall interest in social justice, the entries in this section of the book show how conceptual tools originate in, and help to illuminate, real-world issues. The second and largest section of the book (42 short well-written pieces) presents reflections on topics or areas concerning law, justice, and society that are inherently interdisciplinary and that are relevance to current – but also classical – struggles around justice. Informing readers about the lineage of ideas that are used or could be used today for research and activism, the book attends to the full range of local, national and transnational issues in law and society. The authors were carefully chosen to achieve a diverse and non-Eurocentric view of socio-legal studies. This volume will be invaluable for law students, those in inter-disciplinary programs such as law and society, justice studies and legal studies, and those with interests in law, but based in other social sciences. It will also appeal to general readers interested in questions of justice and rights, including activists and advocates around the world.

Rethinking Wilderness and the Wild

By Robyn Bartel,Marty Branagan,Fiona Utley,Stephen Harris
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000215075
  • Total of Pages : 300
  • Category : Nature
  • Members : 499
  • Pdf File: rethinking-wilderness-and-the-wild.pdf

Book Short Summary:

Rethinking Wilderness and the Wild: Conflict, Conservation and Co-existence examines the complexities surrounding the concept of wilderness. Contemporary wilderness scholarship has tended to fall into two categories: the so-called ‘fortress conservation’ and ‘co-existence’ schools of thought. This book, contending that this polarisation has led to a silencing and concealment of alternative perspectives and lines of enquiry, extends beyond these confines and in particular steers away from the dilemmas of paradise or paradox in order to advance an intellectual and policy agenda of plurality and diversity rather than of prescription and definition. Drawing on case studies from Australia, Aoteoroa/New Zealand, the United States and Iceland, and explorations of embodied experience, creative practice, philosophy, and First Nations land management approaches, the assembled chapters examine wilderness ideals, conflicts and human-nature dualities afresh, and examine co-existence and conservation in the Anthropocene in diverse ontological and multidisciplinary ways. By demonstrating a strong commitment to respecting the knowledge and perspectives of Indigenous peoples, this work delivers a more nuanced, ethical and decolonising approach to issues arising from relationships with wilderness. Such a collection is immediately appropriate given the political challenges and social complexities of our time, and the mounting threats to life across the globe. The abiding and uniting logic of the book is to offer a unique and innovative contribution to engender transformations of wilderness scholarship, activism and conservation policy. This text refutes the inherent privileging and exclusionary tactics of dominant modes of enquiry that too often serve to silence non-human and contrary positions. It reveals a multi-faceted and contingent wilderness alive with agency, diversity and possibility. This book will be of great interest to students and scholars of conservation, environmental and natural resource management, Indigenous studies and environmental policy and planning. It will also be of interest to practitioners, policymakers and NGOs involved in conservation, protected environments and environmental governance.

Posthuman Legal Subjectivity

By Jana Norman
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000424847
  • Total of Pages : 196
  • Category : Law
  • Members : 126
  • Pdf File: posthuman-legal-subjectivity.pdf

Book Short Summary:

This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

Novel Judgements

By William P. MacNeil
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1134046723
  • Total of Pages : 256
  • Category : Fiction
  • Members : 860
  • Pdf File: novel-judgements.pdf

Book Short Summary:

Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.

Shakespeare's Curse

By Bjoern Quiring
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000115941
  • Total of Pages : 256
  • Category : Law
  • Members : 298
  • Pdf File: shakespeare-s-curse.pdf

Book Short Summary:

Conceptualizing the curse as the representation of a foundational, mythical violence that is embedded within juridical discourse, Shakespeare’s Curse pursues a reading of Richard III, King John, and King Lear in order to analyse the persistence of imprecations in the discourses of modernity. Shakespeare wrote during a period that was transformative in the development of juridical thinking. However, taking up the relationship between theatre, theology and law, Bjoern Quiring argues that the curse was not eliminated from legal discourses during this modernization of jurisprudence; rather, it persisted and to this day continues to haunt numerous speech acts. Drawing on the work of Derrida, Lacan, Walter Benjamin and Giorgio Agamben, among others, Quiring analyses the performativity of the curse, and tracks its power through the juristic themes that are pursued within Shakespeare’s plays – such as sovereignty, legitimacy, succession, obligation, exception, and natural law. Thus, this book provides an original and important insight into early modern legal developments, as well as a fresh perspective on some of Shakespeare’s best-known works. A fascinating interdisciplinary study, this book will interest students and scholars of Law, Literature, and History.

Sex, Culpability and the Defence of Provocation

By Danielle Tyson
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Taylor & Francis
  • Book Code : 1136298843
  • Total of Pages : 248
  • Category : Law
  • Members : 114
  • Pdf File: sex-culpability-and-the-defence-of-provocation.pdf

Book Short Summary:

The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.

Property, Place and Piracy

By Martin Fredriksson,James Arvanitakis
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 135172021X
  • Total of Pages : 258
  • Category : History
  • Members : 201
  • Pdf File: property-place-and-piracy.pdf

Book Short Summary:

This book takes the concept of piracy as a starting point to discuss the instability of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file-sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be protected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a trans-disciplinary and multi-theoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expansionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property.

Indigenous Peoples, Consent and Rights

By Stephen Young
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000752658
  • Total of Pages : 258
  • Category : Law
  • Members : 411
  • Pdf File: indigenous-peoples-consent-and-rights.pdf

Book Short Summary:

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Shakespearean Genealogies of Power

By Anselm Haverkamp
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1136890505
  • Total of Pages : 192
  • Category : Law
  • Members : 569
  • Pdf File: shakespearean-genealogies-of-power.pdf

Book Short Summary:

Shakespearean Genealogies of Power proposes a new view on Shakespeare’s involvement with the legal sphere: as a visible space between the spheres of politics and law and well able to negotiate legal and political, even constitutional concerns, Shakespeare’s theatre opened up a new perspective on normativity. His plays reflect, even create, "history" in a new sense on the premises of the older conceptions of historical and legal exemplarity: examples, cases, and instances are to be reflected rather than treated as straightforwardly didactic or salvific. Thus, what comes to be recognized, reflected and acknowledged has a disowning, alienating effect, whose enduring aftermath rather than its theatrical immediacy counts and remains effective. In Shakespeare, the law gets hold of its normativity as the problematic efficacy of unsolved – or rarely ever completely solved – problems: on the stage of the theatre, the law has to cope with a mortgage of history rather than with its own success story. The exemplary interplay of critical cultural and legal theory in the twentieth-century – between Carl Schmitt and Hans Kelsen, Walter Benjamin and Ernst Kantorowicz, Hans Blumenberg and Giorgio Agamben, Robert Cover and Niklas Luhmann – found in Shakespeare’s plays its speculative instruments.

Patrick White Centenary

By Bill Ashcroft,Cynthia vanden Driesen
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Cambridge Scholars Publishing
  • Book Code : 1443866156
  • Total of Pages : 530
  • Category : Social Science
  • Members : 890
  • Pdf File: patrick-white-centenary.pdf

Book Short Summary:

This volume marks the birth centenary of a giant amongst contemporary writers: the Australian Nobel prize-winning novelist, Patrick White (1912–1990). It proffers an invaluable insight into the current state of White studies through commentaries drawn from an international galaxy of eminent critics, as well as from newer talents. The book proves that interest in White’s work continues to grow and diversify. Every essay offers a new insight: some are re-evaluations by seasoned critics who revise earlier positions significantly; others admit new light onto what has seemed like well-trodden terrain or focus on works perhaps undervalued in the past—his poetry, an early short story or novel—which are now subjected to fresh attention. His posthumous work has also won attention from prominent critics. New comparisons with other international writers have been drawn in terms of subject matter, themes and philosophy. The expansion of critical attention into fields like photography and film opens new possibilities for enhancing further appreciation of his work. White’s interest in public issues such as the treatment of Australia’s Indigenous peoples, human rights and Australian nationalism is refracted through the inclusion of relevant commentaries from notable contributors. For the first time in Australian literary history, Indigenous scholars have participated in a celebration of the work of a white Australian writer. All of this highlights a new direction in White studies—the appreciation of his stature as a public intellectual. The book demonstrates that White’s legacy has limitless possibilities for further growth.

Elders’ Cultural Knowledges and the Question of Black/ African Indigeneity in Education

By George J. Sefa Dei,Wambui Karanja,Grace Erger
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Nature
  • Book Code : 3030842010
  • Total of Pages : 226
  • Category : Education
  • Members : 628
  • Pdf File: elders-cultural-knowledges-and-the-question-of-black-african-indigeneity-in-education.pdf

Book Short Summary:

This book makes a strong case for the inclusion of Indigenous Elders’ cultural knowledge in the delivery of inclusive education for learners who are members of minority communities. It is relevant to curriculum developers, teachers, policy makers and institutions that engage in the education of Black, Indigenous, Latinx and other minority students. This book provides opportunities for exploring the decolonization of educational approaches. It promotes the synthesis of multiple types of knowledge and ways of knowing by making a case for the incorporation of Indigenous knowledges and Indigenous Elders as teachers in learning spaces. The book is of interest to educators, students, and researchers of Indigenous knowledge and decolonizing education. Additionally, it is important for educational policy makers, especially those engaged in looking for strategic solutions to bridging educational disparities and gaps for Indigenous, Black, Latinx and other minority learners.

International perspectives in social justice programs at the institutional and community levels

By Enakshi Sengupta,Patrick Blessinger
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Emerald Group Publishing
  • Book Code : 1800434901
  • Total of Pages : 232
  • Category : Education
  • Members : 999
  • Pdf File: international-perspectives-in-social-justice-programs-at-the-institutional-and-community-levels.pdf

Book Short Summary:

Universities and faculty members play a vital role in providing education that helps build a strong foundation for a society where people get equal opportunities for upward social mobility. This book addresses the role of education in overcoming poverty and oppression by imparting social justice education at the institution and community level.

The Routledge Handbook of Gender and Development

By Anne Coles,Leslie Gray,Janet Momsen
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1134094787
  • Total of Pages : 594
  • Category : Science
  • Members : 598
  • Pdf File: the-routledge-handbook-of-gender-and-development.pdf

Book Short Summary:

The Routledge Handbook of Gender and Development provides a comprehensive statement and reference point for gender and development policy making and practice in an international and multi-disciplinary context. Specifically, it provides critical reviews and appraisals of the current state of gender and development and considers future trends. It includes theoretical and practical approaches as well as empirical studies. The international reach and scope of the Handbook and the contributors’ experiences allow engagement with and reflection upon these bridging and linking themes, as well as the examining the politics and policy of how we think about and practice gender and development. Organized into eight inter-related sections, the Handbook contains over 50 contributions from leading scholars, looking at conceptual and theoretical approaches, environmental resources, poverty and families, women and health related services, migration and mobility, the effect of civil and international conflict, and international economies and development. This Handbook provides a wealth of interdisciplinary information and will appeal to students and practitioners in Geography, Development Studies, Gender Studies and related disciplines.

The Law of the Land

By Charles Rembar
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Open Road Media
  • Book Code : 1504015665
  • Total of Pages : 439
  • Category : Law
  • Members : 508
  • Pdf File: the-law-of-the-land.pdf

Book Short Summary:

National Book Award Finalist: “A learned, thoughtful, witty legal history for the layman” (The New Yorker). What do the thoughts of a ravenous tiger have to do with the evolution of America’s legal system? How do the works of Jane Austen and Ludwig van Beethoven relate to corporal punishment? In The Law of the Land, Charles Rembar examines these and many other topics, illustrating the surprisingly entertaining history of US law. Best known for his passionate efforts to protect literature, including Lady Chatterley’s Lover, from censorship laws, Rembar offers an exciting look at the democratic judicial system that will appeal to lawyers and laymen alike. From the dark days of medieval England, when legal disputes were settled by duel, through recent paradigm shifts in the interpretation and application of the legal code, The Law of the Land is a compelling and informative history of the rules and regulations we so often take for granted.

Mixed Legal Systems, East and West

By Vernon Valentine Palmer,Mohamed Y. Mattar
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1317095375
  • Total of Pages : 320
  • Category : Law
  • Members : 136
  • Pdf File: mixed-legal-systems-east-and-west.pdf

Book Short Summary:

Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Indigenous Legal Traditions

By Law Commission of Canada
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : UBC Press
  • Book Code : 077484373X
  • Total of Pages : 192
  • Category : Law
  • Members : 720
  • Pdf File: indigenous-legal-traditions.pdf

Book Short Summary:

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Jurisdiction

By Shaunnagh Dorsett,Shaun McVeigh
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1136295097
  • Total of Pages : 160
  • Category : Law
  • Members : 948
  • Pdf File: jurisdiction.pdf

Book Short Summary:

This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law). This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.

Indigenous Research of Land, Self, and Spirit

By Throne, Robin
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : IGI Global
  • Book Code : 1799837319
  • Total of Pages : 301
  • Category : Social Science
  • Members : 404
  • Pdf File: indigenous-research-of-land-self-and-spirit.pdf

Book Short Summary:

Indigenous cultures meticulously protect and preserve their traditions. Those traditions often have deep connections to the homelands of indigenous peoples, thus forming strong relationships between culture, land, and communities. Autoethnography can help shed light on the nature and complexity of these relationships. Indigenous Research of Land, Self, and Spirit is a collection of innovative research that focuses on the ties between indigenous cultures and the constructs of land as self and agency. It also covers critical intersectional, feminist, and heuristic inquiries across a variety of indigenous peoples. Highlighting a broad range of topics including environmental studies, land rights, and storytelling, this book is ideally designed for policymakers, academicians, students, and researchers in the fields of sociology, diversity, anthropology, environmentalism, and history.

The Invention of Jewish Theocracy

By Alexander Kaye
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0190922753
  • Total of Pages : 256
  • Category : Political Science
  • Members : 182
  • Pdf File: the-invention-of-jewish-theocracy.pdf

Book Short Summary:

The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of politics and society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis. Understanding this idea is a priority for scholars of Israel and for anyone with an interest in its future. The Invention of Jewish Theocracy is the first book in any language to trace the origins of the idea, to track its development, and to explain its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflict, and the long-term consequences of European imperialism. The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society. The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model. Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights