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Juridical Encounters
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Book Synopsis Juridical Encounters by : Shaunnagh Dorsett
Download or read book Juridical Encounters written by Shaunnagh Dorsett and published by Auckland University Press. This book was released on 2017-09-18 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Maori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Maori and many settlers lived according to tikanga. How then were Maori to be brought under British law? Influenced by the idea of exceptional laws that was circulating in the Empire, the colonial authorities set out to craft new regimes and new courts through which Maori would be encouraged to forsake tikanga and to take up the laws of the settlers. Shaunnagh Dorsett examines the shape that exceptional laws took in New Zealand, the ways they influenced institutional design and the engagement of Maori with those new institutions, particularly through the lowest courts in the land. It is in the everyday micro-encounters of Maori and the new British institutions that the beginnings of the displacement of tikanga and the imposition of British law can be seen. Juridical Encounters presents one of the first detailed studies of the interactions of an indigenous people in an Anglo-settler colony with the new British courts. By recovering Maori juridical encounters at a formative moment of New Zealand law and life, Dorsett reveals much about our law and our history.
Book Synopsis Juridical Encounters by : Shaunnagh Dorsett
Download or read book Juridical Encounters written by Shaunnagh Dorsett and published by Auckland University Press. This book was released on 2017-09-18 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Maori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Maori and many settlers lived according to tikanga. How then were Maori to be brought under British law? Influenced by the idea of exceptional laws that was circulating in the Empire, the colonial authorities set out to craft new regimes and new courts through which Maori would be encouraged to forsake tikanga and to take up the laws of the settlers. Shaunnagh Dorsett examines the shape that exceptional laws took in New Zealand, the ways they influenced institutional design and the engagement of Maori with those new institutions, particularly through the lowest courts in the land. It is in the everyday micro-encounters of Maori and the new British institutions that the beginnings of the displacement of tikanga and the imposition of British law can be seen. Juridical Encounters presents one of the first detailed studies of the interactions of an indigenous people in an Anglo-settler colony with the new British courts. By recovering Maori juridical encounters at a formative moment of New Zealand law and life, Dorsett reveals much about our law and our history.
Book Synopsis Juridical Encounters by : Shaunnagh Dorsett
Download or read book Juridical Encounters written by Shaunnagh Dorsett and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Maori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Maori and many settlers lived according to tikanga . How then were Maori to be brought under British law? Influenced by the idea of exceptional laws that was circulating in the Empire, the colonial authorities set out to craft new regimes and new courts through which Maori would be encouraged to forsake tikanga and to take up the laws of the settlers. Shaunnagh Dorsett examines the shape that exceptional laws took in New Zealand, the ways they influenced institutional design and the engagement of Maori with those new institutions, particularly through the lowest courts in the land. It is in the everyday micro-encounters of Maori and the new British institutions that the beginnings of the displacement of tikanga and the imposition of British law can be seen. Juridical Encounters presents one of the first detailed studies of the interactions of an indigenous people in an Anglo-settler colony with the new British courts. By recovering Maori juridical encounters at a formative moment of New Zealand law and life, Dorsett reveals much about our law and our history.
Book Synopsis Colonial Proximities by : Renisa Mawani
Download or read book Colonial Proximities written by Renisa Mawani and published by UBC Press. This book was released on 2010-01-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Real and imagined encounters among Aboriginal peoples, European colonists, Chinese migrants, and mixed-race populations produced racial anxieties that underwrote crossracial contacts in the salmon canneries, the illicit liquor trade, and the (white) slavery scare in late-nineteenth- and early-twentieth-century British Columbia. Colonial Proximities explores the legal and spatial strategies of rule deployed by Indian agents, missionaries, and legal authorities who aspired to restrict crossracial encounters. By connecting genealogies of aboriginal-European contact with those of Chinese migration, this book reveals that territorial dispossession and Chinese exclusion were never distinct projects but two conjunctive processes in the making of the settler regime. Drawing on archival documents and historical records, Colonial Proximities historicizes current discussions of multiculturalism and pluralism in modern settler societies by revealing how crossracial interactions in one colonial contact zone inspired juridical racial truths and forms of governance that continue to linger in contemporary racial politics. It is essential reading for students and practitioners of history, anthropology, sociology, colonial/ postcolonial studies, and critical race and legal studies.
Book Synopsis New Critical Legal Thinking by : Matthew Stone
Download or read book New Critical Legal Thinking written by Matthew Stone and published by Taylor & Francis. This book was released on 2012-10-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.
Book Synopsis The Oxford Handbook of Jurisdiction in International Law by : Stephen Allen
Download or read book The Oxford Handbook of Jurisdiction in International Law written by Stephen Allen and published by Oxford University Press, USA. This book was released on 2019-08-27 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Book Synopsis The Law's Ultimate Frontier: Towards an Ecological Jurisprudence by : Horatia Muir Watt
Download or read book The Law's Ultimate Frontier: Towards an Ecological Jurisprudence written by Horatia Muir Watt and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
Book Synopsis Feminist and Queer Legal Theory by : Martha Albertson Fineman
Download or read book Feminist and Queer Legal Theory written by Martha Albertson Fineman and published by Routledge. This book was released on 2016-04-15 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-à-vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.
Book Synopsis Illegal Encounters by : Deborah A. Boehm
Download or read book Illegal Encounters written by Deborah A. Boehm and published by NYU Press. This book was released on 2019-02-19 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of the U.S. immigration and legal systems on children and youth In the United States, millions of children are undocumented migrants or have family members who came to the country without authorization. The unique challenges with which these children and youth must cope demand special attention. Illegal Encounters considers illegality, deportability, and deportation in the lives of young people—those who migrate as well as those who are affected by the migration of others. A primary focus of the volume is to understand how children and youth encounter, move through, or are outside of a range of legal processes, including border enforcement, immigration detention, federal custody, courts, and state processes of categorization. Even if young people do not directly interact with state immigration systems—because they are U.S. citizens or have avoided detention—they are nonetheless deeply affected by the reach of the government in its many forms. Contributors privilege the voices and everyday experiences of immigrant children and youth themselves. By combining different perspectives from advocates, service providers, attorneys, researchers, and young immigrants, the volume presents rich accounts that can contribute to informed debates and policy reforms. Illegal Encounters sheds light on the unique ways in which policies, laws, and legal categories shape so much of daily life for young immigrants. The book makes visible the burdens, hopes, and potential of a population of young people and their families who have been largely hidden from public view and are currently under siege, following their movement through complicated immigration systems and institutions in the United States.
Book Synopsis Legal Encounters on the Medieval Globe by : Elizabeth Lambourn
Download or read book Legal Encounters on the Medieval Globe written by Elizabeth Lambourn and published by ARC Humanities Press. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative and comparative approach to the study of interconnected legal cultures in the global medieval world.
Book Synopsis Finnish Yearbook of International Law by : Jarna Petman
Download or read book Finnish Yearbook of International Law written by Jarna Petman and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.
Book Synopsis Aboriginal Protection and Its Intermediaries in Britain’s Antipodean Colonies by : Samuel Furphy
Download or read book Aboriginal Protection and Its Intermediaries in Britain’s Antipodean Colonies written by Samuel Furphy and published by Routledge. This book was released on 2019-06-12 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together world-leading and emerging scholars to explore how the concept of "protection" was applied to Indigenous peoples of Britain’s antipodean colonies. Tracing evolutions in protection from the 1830s until the end of the nineteenth century, the contributors map the changes and continuities that marked it as an inherently ambivalent mode of colonial practice. In doing so, they consider the place of different historical actors who were involved in the implementation of protective policy, who served as its intermediaries on the ground, or who responded as its intended "beneficiaries." These included metropolitan and colonial administrators, Protectors or similar agents, government interpreters and church-affiliated missionaries, settlers with economic investments in the politics of conciliation, and the Indigenous peoples who were themselves subjected to colonial policies. Drawing out some of the interventions and encounters lived out in the name of protection, the book examines some of the critical roles it played in the making of colonial relations.
Book Synopsis The Subjects of Ottoman International Law by : Lâle Can
Download or read book The Subjects of Ottoman International Law written by Lâle Can and published by Indiana University Press. This book was released on 2020-10-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.
Book Synopsis Gender, Violence and Criminal Justice in the Colonial Pacific by : Kate Stevens
Download or read book Gender, Violence and Criminal Justice in the Colonial Pacific written by Kate Stevens and published by Bloomsbury Publishing. This book was released on 2022-12-29 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centering on cases of sexual violence, this book illuminates the contested introduction of British and French colonial criminal justice in the Pacific Islands during the late 19th and early 20th centuries, focusing on Fiji, New Caledonia, and Vanuatu/New Hebrides. It foregrounds the experiences of Indigenous Islanders and indentured laborers in the colonial court system, a space in which marginalized voices entered the historical record. Rape and sexual assault trials reveal how hierarchies of race, gender and status all shaped the practice of colonial law in the courtroom and the gendered experiences of colonialism. Trials provided a space where men and women narrated their own story and at times challenged the operation of colonial law. Through these cases, Gender, Violence and Criminal Justice in the Colonial Pacific highlights the extent to which colonial bureaucracies engaged with and affected private lives, as well as the varied ways in which individuals and communities responded to such intrusions and themselves reshaped legal practices and institutions in the Pacific. With bureaucratic institutions unable to deal with the complex realities of colonial lives, Stevens reveals how the courtroom often became a theatrical space in which authority was performed, deliberately obscuring the more complex and violent practices that were central to both colonialism and colonial law-making. Exploring the intersections of legal pluralism and local pragmatism across British and French colonialization in the Pacific, this book shows how island communities and early colonial administrators adopted diverse and flexible approaches towards criminal justice, pursuing alternative forms of justice ranging from unofficial courts to punitive violence in order to deal with cases of sexual assault.
Book Synopsis Encounters between Foreign Relations Law and International Law by : Helmut Philipp Aust
Download or read book Encounters between Foreign Relations Law and International Law written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2021-06-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign relations law and public international law are two closely related academic fields that tend to speak past each other. As this innovative volume shows, the two are closely interrelated and depend on each other for their mutual construction and identity. A better understanding of this relationship is of vital importance for upholding important constitutional values like democracy, the rule of law and the protection of human rights, while enabling states to engage in meaningful forms of international cooperation. The book takes a close look at the encounters between the two fields and offers perspectives for a constructive engagement between the two. Collectively, the contributions argue that the delimitation between the two fields occurs in a hybrid zone of interaction which requires both bridges and boundaries: bridges for the construction of the relationship between the two fields, and boundaries for preserving key normative expectations of both domestic and international law. This title is also available as Open Access on Cambridge Core.
Book Synopsis Legal Medicine by : American College of Legal Medicine
Download or read book Legal Medicine written by American College of Legal Medicine and published by Mosby Elsevier Health Science. This book was released on 1988 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of Legal History by : Markus D. Dubber
Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-07-26 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
