Declarations of Interdependence

Author: Kirsten Anker
Publisher: Routledge
ISBN: 1317153855
Format: PDF, Kindle
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This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ’make space for’ Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.

Legal Pluralism in the Holy City

Author: Ido Shahar
Publisher: Routledge
ISBN: 1317106121
Format: PDF, ePub
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This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

Land and Cultural Survival

Author: Jayantha Perera
Publisher: Asian Development Bank
ISBN: 9292547135
Format: PDF, Kindle
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Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.

Indigenous Peoples Customary Law and Human Rights Why Living Law Matters

Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697537
Format: PDF
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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

The Universal Declaration of Human Rights in the 21st Century

Author: Gordon Brown
Publisher: Open Book Publishers
ISBN: 1783742216
Format: PDF, ePub, Mobi
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The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

Shifting Boundaries

Author: Tim Schouls
Publisher: UBC Press
ISBN: 0774840439
Format: PDF, Docs
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Canada is often called a pluralist state, but few commentators view Aboriginal self-government from the perspective of political pluralism. Instead, Aboriginal identity is framed in terms of cultural and national traits, while self-government is taken to represent an Aboriginal desire to protect those traits. Shifting Boundaries challenges this view, arguing that it fosters a woefully incomplete understanding of the politics of self-government. Taking the position that a relational theory of pluralism offers a more accurate interpretation, Tim Schouls contends that self-government is better understood when an "identification" perspective on Aboriginal identity is adopted instead of a "cultural" or "national" one. He shows that self-government is not about preserving cultural and national differences as goods in and of themselves, but rather is about equalizing current imbalances in power to allow Aboriginal peoples to construct their own identities. In focusing on relational pluralism, Shifting Boundaries adds an important perspective to existing theoretical approaches to Aboriginal self-government. It will appeal to academics, students, and policy analysts interested in Aboriginal governance, cultural studies, political theory, nationalism studies, and constitutional theory.

Passage of Change

Author: Anita Jowitt
Publisher: ANU E Press
ISBN: 1921666897
Format: PDF, Kindle
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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.

Law in the Domains of Culture

Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 9780472023639
Format: PDF, ePub, Mobi
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The concept of culture is troublingly vague and, at the same time, hotly contested, and law's relations to culture are as complex, varied and disputed as the concept of culture itself. The concept of the traditional, unified, reified, civilizing idea of culture has come under attack. The growth of cultural studies has played an important role in redefining culture by including popular culture and questions of social stratification, power and social conflict. Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law. The contributors are Carol Clover, Rosemary Coombe, Marjorie Garber, Thomas R. Kearns, William Miller, Andrew Ross, Austin Sarat, and Martha Woodmansee. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

Human Development Report 2004

Author: United Nations Development Programme
Publisher: Human Development Report
ISBN: 019522146X
Format: PDF
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This is the 15th report, prepared by a team of independent experts, which explores major development issues of global concern. The 2004 report focuses on issues of cultural liberty and concludes that countries must actively devise multicultural policies to prevent cultural discrimination (whether on grounds of religion, ethnicity or language), since the expansion of cultural freedoms is at the core of human development. Rather than presenting a threat to state unity, the report argues that diversity is the only sustainable option to promote stability and democracy within and across societies. Issues discussed include: confronting extremist movements for cultural domination; myths surrounding cultural liberty and development; the impact of globalisation on cultural choice; social exclusion, human rights and participation. It also includes data tables for the Human Development Index (HDI) which measures key social and economic indicators for rich and poor countries, including life-expectancy, health and sanitation, employment rights, gender equality, education and income per-person.