Diaspora And Law

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Diaspora, Law and Literature

Author : Klaus Stierstorfer
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110489252
Total Pages : 367 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Diaspora, Law and Literature by : Klaus Stierstorfer

Download or read book Diaspora, Law and Literature written by Klaus Stierstorfer and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-11-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Liliana Ruth Feierstein
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111063046
Total Pages : 226 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Diaspora and Law by : Liliana Ruth Feierstein

Download or read book Diaspora and Law written by Liliana Ruth Feierstein and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-10-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Emma Patchett
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110543699
Total Pages : 339 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Spacing (in) Diaspora by : Emma Patchett

Download or read book Spacing (in) Diaspora written by Emma Patchett and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-06-26 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Dan Kanstroom
Publisher : OUP USA
ISBN 13 : 0199742723
Total Pages : 259 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Aftermath by : Dan Kanstroom

Download or read book Aftermath written by Dan Kanstroom and published by OUP USA. This book was released on 2012-06-29 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the current deportation system in the United States, the aftermath effects, and the political, social and legal issues.

Diaspora, Law and Literature

Author : Klaus Stierstorfer
Publisher : de Gruyter
ISBN 13 : 9783110485417
Total Pages : 310 pages
Book Rating : 4.4/5 (854 download)

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Book Synopsis Diaspora, Law and Literature by : Klaus Stierstorfer

Download or read book Diaspora, Law and Literature written by Klaus Stierstorfer and published by de Gruyter. This book was released on 2016-09-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : John Van Seters
Publisher : Oxford University Press, USA
ISBN 13 : 0195153154
Total Pages : 249 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis A Law Book for the Diaspora by : John Van Seters

Download or read book A Law Book for the Diaspora written by John Van Seters and published by Oxford University Press, USA. This book was released on 2003 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foundation for all scholarly study in biblical law is the shared assumption that the Covenant Code, as contained in Exodus 20:23-22:33 is the oldest code of laws in the Hebrew Bible, and that all other laws are later revisions of that code. The author of this text strikes that foundation.

Spacing (in) Diaspora

Author : Emma Patchett (Law research fellow)
Publisher :
ISBN 13 : 9783110544282
Total Pages : 223 pages
Book Rating : 4.5/5 (442 download)

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Book Synopsis Spacing (in) Diaspora by : Emma Patchett (Law research fellow)

Download or read book Spacing (in) Diaspora written by Emma Patchett (Law research fellow) and published by . This book was released on 2017 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Between Law and Custom

Author : Peter Karsten
Publisher : Cambridge University Press
ISBN 13 : 9780521792837
Total Pages : 584 pages
Book Rating : 4.7/5 (928 download)

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Book Synopsis Between Law and Custom by : Peter Karsten

Download or read book Between Law and Custom written by Peter Karsten and published by Cambridge University Press. This book was released on 2002-03-18 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.

Land and Freedom

Author : Andrew Buck
Publisher : Routledge
ISBN 13 : 1000152235
Total Pages : 203 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Land and Freedom by : Andrew Buck

Download or read book Land and Freedom written by Andrew Buck and published by Routledge. This book was released on 2020-07-24 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Wanderers Among the Nations

Author : Óscar A. Lema Bouza
Publisher :
ISBN 13 :
Total Pages : 255 pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis Wanderers Among the Nations by : Óscar A. Lema Bouza

Download or read book Wanderers Among the Nations written by Óscar A. Lema Bouza and published by . This book was released on 2020 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Kevin Kenny
Publisher : OUP USA
ISBN 13 : 9780199858583
Total Pages : 0 pages
Book Rating : 4.8/5 (585 download)

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Book Synopsis Diaspora: A Very Short Introduction by : Kevin Kenny

Download or read book Diaspora: A Very Short Introduction written by Kevin Kenny and published by OUP USA. This book was released on 2013-07-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diaspora: A Very Short Introduction examines the origins of diaspora as a concept, its changing meanings over time, its current popularity, and its utility in explaining human migration. The book proposes a flexible approach to diaspora based on examples drawn mainly from Jewish, African, Irish, and Asian history.

Fluid Jurisdictions

Author : Nurfadzilah Yahaya
Publisher : Cornell University Press
ISBN 13 : 1501750887
Total Pages : 328 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Fluid Jurisdictions by : Nurfadzilah Yahaya

Download or read book Fluid Jurisdictions written by Nurfadzilah Yahaya and published by Cornell University Press. This book was released on 2020-09-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.

Banning Black Gods

Author : Danielle N. Boaz
Publisher : Penn State Press
ISBN 13 : 0271089628
Total Pages : 141 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Banning Black Gods by : Danielle N. Boaz

Download or read book Banning Black Gods written by Danielle N. Boaz and published by Penn State Press. This book was released on 2021-03-03 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Banning Black Gods is a global examination of the legal challenges faced by adherents of the most widely practiced African-derived religions in the twenty-first century, including Santeria/Lucumi, Haitian Vodou, Candomblé, Palo Mayombe, Umbanda, Islam, Rastafari, Obeah, and Voodoo. Examining court cases, laws, human rights reports, and related materials, Danielle N. Boaz argues that restrictions on African diaspora religious freedom constitute a unique and pervasive form of anti-Black discrimination. Emphasizing that these twenty-first-century cases and controversies are not a new phenomenon but rather a reemergence of colonial-era ideologies and patterns of racially motivated persecution, Boaz focuses each chapter on a particular challenge to Black religious freedom. She examines issues such as violence against devotees, restrictions on the ritual slaughter of animals, limitations on the custodial rights of parents, and judicial refusals to recognize these faiths as protected religions. Boaz introduces new issues that have never been considered as a question of religious freedom before—such as the right of Palo Mayombe devotees to possess remains of the dead—and she brings together controversies that have not been previously regarded as analogous, such as the right to wear headscarves and the right to wear dreadlocks in schools. Framing these issues in comparative perspective and focusing on transnational and transregional issues, Boaz advances our understanding of the larger human rights disputes that country-specific studies can overlook. Original and compelling, this important new book will be welcomed by students and scholars of African diaspora religions and discerning readers interested in learning more about the history of racial discrimination

The Diaspora Paradox

Author : C. Scott Maravilla
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Diaspora Paradox by : C. Scott Maravilla

Download or read book The Diaspora Paradox written by C. Scott Maravilla and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A dichotomy exists in the laws addressing diasporas. International covenants, generally influenced by the postcolonial sympathies of many UN-member states, tend toward protecting human rights. In contrast, domestic laws tend to reflect a country's xenophobia. With regard to diasporas of Middle Eastern origins, those laws are often influenced by Islamophobia and the global War on Terror. This is well illustrated by the ban on wearing the Islamic burqa and niqab spreading through Europe. While the policies are aimed at protecting religious freedom in pluralist societies, in practice it amounts to a form of State imposed covering to suppress the religious identity of Muslims. This paper will use the European headscarf bans as a case study for comparing the application of domestic and international law by reviewing international covenants, domestic laws, and the decisions of European courts and international tribunals. Relevant political theories on political identity will also be incorporated particularly Kenji Yoshino's work on covering and Anne Norton's writings on political identity as they relate to domestic laws. The Islamophobic-centric writings of Oriana Fallaci will be used as a basis for the more extreme views of Muslim immigrants in European society. Finally, this paper concludes that domestic fears of Muslims have influenced the various bans on the burqa in contrast to international obligations to protect religious freedom.

Diaspora and Law

Author : Liliana Ruth Feierstein
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111062635
Total Pages : 232 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Diaspora and Law by : Liliana Ruth Feierstein

Download or read book Diaspora and Law written by Liliana Ruth Feierstein and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-09-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Aftermath

Author : Daniel Kanstroom
Publisher : Oxford University Press
ISBN 13 : 0199911312
Total Pages : 304 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Aftermath by : Daniel Kanstroom

Download or read book Aftermath written by Daniel Kanstroom and published by Oxford University Press. This book was released on 2012-06-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1996, when new, harsher deportation laws went into effect, the United States has deported millions of noncitizens back to their countries of origin. While the rights of immigrants-with or without legal status--as well as the appropriate pathway to legal status are the subject of much debate, hardly any attention has been paid to what actually happens to deportees once they "pass beyond our aid." In fact, we have fostered a new diaspora of deportees, many of whom are alone and isolated, with strong ties to their former communities in the United States. Daniel Kanstroom, author of the authoritative history of deportation, Deportation Nation, turns his attention here to the current deportation system of the United States and especially deportation's aftermath: the actual effects on individuals, families, U.S. communities, and the countries that must process and repatriate ever-increasing numbers of U.S. deportees. Few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe hardship, persecution and, in extreme instances, even death. Addressing a wide range of political, social, and legal issues, Kanstroom considers whether our deportation system "works" in any meaningful sense. He also asks a number of under-examined legal and philosophical questions: What is the relationship between the "rule of law" and the border? Where do rights begin and end? Do (or should) deportees ever have a "right to return"? After demonstrating that deportation in the U.S. remains an anachronistic, ad hoc, legally questionable affair, the book concludes with specific reform proposals for a more humane and rational deportation system.

Diaspora and Citizenship

Author : Claire Sutherland
Publisher : Routledge
ISBN 13 : 1317986032
Total Pages : 141 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Diaspora and Citizenship by : Claire Sutherland

Download or read book Diaspora and Citizenship written by Claire Sutherland and published by Routledge. This book was released on 2013-09-13 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers discusses the impact of diasporas on the articulations and practices of legal, political, cultural and social citizenship in their country of origin. While the majority of current citizenship debates focus on the challenges and directions in which diasporic and migrant communities impact on the citizenship regime in their country of settlement, the papers in this volume approach the study of citizenship from the perspective of the link between the sending state and its diasporic communities abroad. The papers discuss the role of language, religion, kinship, and other ethnic markers in diaspora politics and trace their implications for the articulations and practices of citizenship. Through discussing cases across political and geographical spectrums, and from different historical epochs the book broadens and enriches the debate on citizenship by demonstrating important ways in which diasporas impact on the delineation of citizenship regimes and the politics of national identity in their homeland. This links to the continued use of language as an ethnic marker, but also one which may be learned, allowing a certain degree of choice and shifting affiliations amongst putative members of a diaspora. This book was published as a special issue of Nationalism and Ethnic Politics.