After Identity

Author: Dan Danielsen
Publisher: Routledge
ISBN: 1136654348
Format: PDF, ePub
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Authored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.

Cultural Pluralism Identity Politics and the Law

Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 9780472023769
Format: PDF, Kindle
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We are witnessing in the last decade of the twentieth century more frequent demands by racial and ethnic groups for recognition of their distinctive histories and traditions as well as opportunities to develop and maintain the institutional infrastructure necessary to preserve them. Where it once seemed that the ideal of American citizenship was found in the promise of integration and in the hope that none of us would be singled out for, let alone judged by, our race or ethnicity, today integration, often taken to mean a denial of identity and history for subordinated racial, gender, sexual or ethnic groups, is often rejected, and new terms of inclusion are sought. The essays in Cultural Pluralism, Identity Politics, and the Law ask us to examine carefully the relation of cultural struggle and material transformation and law's role in both. Written by scholars from a variety of disciplines and theoretical inclinations, the essays challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and is, implicated in these debates. The essays address questions such as the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics, the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States, and how much of accepted notions of law are defined by an ideal of integration and assimilation. The contributors are Elizabeth Clark, Lauren Berlant, Dorothy Roberts, Georg Lipsitz, and Kenneth Karst.

The Perils of Identity

Author: Caroline Dick
Publisher: UBC Press
ISBN: 0774820659
Format: PDF, ePub, Mobi
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Many liberal theorists consider group identity claims a necessary condition of equality in Canada, but do these claims do more harm than good? To answer this question, Caroline Dick examines the identity-driven theories of Charles Taylor, Will Kymlicka, and Avigail Eisenberg in the context of Sawridge Band v. Canada, a case that sets a First Nation's right to self-determination against Indigenous women's right to equality. The concept of identity itself is not the problem, Dick argues, but rather the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Her proposal for a new politics of intragroup difference has the power to transform rights discourse in Canada.

The Handbook of Law and Society

Author: Austin Sarat
Publisher: John Wiley & Sons
ISBN: 1118701461
Format: PDF, ePub, Docs
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Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study

Law and Identity in Colonial South Asia

Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1139868063
Format: PDF, Mobi
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This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

White by Law

Author: Ian Haney Lopez
Publisher: NYU Press
ISBN: 9780814736982
Format: PDF, ePub
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Ian Haney Lopez is a professor of law at the University of California, Berkeley.

Lost in China

Author: Carol A. G. Jones
Publisher: Cambridge University Press
ISBN: 1107093376
Format: PDF, Docs
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Since 1997, the walls of law around Hong Kong have come under attack. This book examines the strategies of resistance.

Left Legalism Left Critique

Author: Wendy Brown
Publisher: Duke University Press
ISBN: 9780822329688
Format: PDF, ePub
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DIVA reader aimed at revitalizing left legal and political critique./div

Beyond Citizenship

Author: Peter J. Spiro
Publisher: Oxford University Press
ISBN: 9780199722259
Format: PDF, ePub, Docs
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American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of democratic citizenship are becoming obsolete, even as we cling to them. Beyond Citizenship charts the trajectory of American citizenship and shows how American identity is unsustainable in the face of globalization. Peter J. Spiro describes how citizenship law once reflected and shaped the American national character. Spiro explores the histories of birthright citizenship, naturalization, dual citizenship, and how those legal regimes helped reinforce an otherwise fragile national identity. But on a shifting global landscape, citizenship status has become increasingly divorced from any sense of actual community on the ground. As the bonds of citizenship dissipate, membership in the nation-state becomes less meaningful. The rights and obligations distinctive to citizenship are now trivial. Naturalization requirements have been relaxed, dual citizenship embraced, and territorial birthright citizenship entrenched--developments that are all irreversible. Loyalties, meanwhile, are moving to transnational communities defined in many different ways: by race, ethnicity, gender, religion, age, and sexual orientation. These communities, Spiro boldly argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance. Learned, incisive, and sweeping in scope, Beyond Citizenship offers a provocative look at how globalization is changing the very definition of who we are and where we belong.

Law and Justice as Seen on TV

Author: Elayne Rapping
Publisher: NYU Press
ISBN: 9780814775608
Format: PDF, Docs
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Historians consider the previous century to have been one of the most violent periods in human history. As we move into an era where violence is sanitized and normalized in the media, and depicted as glamorous and fun, how will we relate to the violence in our midst? Why do people and their governments choose to engage in violent activity? How to peaceful people who live under violent conditions such as warfare or domestic abuse make sense of it? Catherine Besteman tackles these questions in this multi-disciplinary anthology that explores the topic of violence from a wide variety of perspectives. The first section focuses on state violence and deals with nationalism, warmaking and the Nazi genocide. The second section treats the question of anti-state violence with essays on the IRA, Sihk rebels and the paramilitary conflict in the Balkans. The third section examines criminal violence such as armed robbery, murder and sexual assualt while the final section explores how ordinary citizens respond when their societies are suffused with violence. Combining classic essays by Max Weber and Hannah Arendt, with contemporary treatments by leading scholars such as Michael Taussig and Julie Peteet, this anthology is designed for course use and is accessible to undergraduate and graduate students. Contributors: Max Weber, Charles Tilly, Hannah Arendt, Zygmunt Bauman, Martha Crenshaw, Deborah Poole, Cynthia Mahmood, Begonia Aretxaga, Rhonda Copelon, Jack Katz, Deborah Cameron, Elizabeth Fraser, Michael Taussig, Julie Peteet, Nancy Scheper-Hughes, and Carolyn Nordstrom.