Indigeneity Before And Beyond The Law

Author : Kathleen Birrell
Publisher : Routledge
ISBN 13 : 1317644816
Total Pages : 269 pages
Book Rating : 4.11/5 ( download)

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Download or read book Indigeneity: Before and Beyond the Law written by Kathleen Birrell and published by Routledge. This book was released on 2016-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Kathleen Birrell
Publisher : Routledge
ISBN 13 : 1317644808
Total Pages : 284 pages
Book Rating : 4.04/5 ( download)

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Download or read book Indigeneity: Before and Beyond the Law written by Kathleen Birrell and published by Routledge. This book was released on 2016-07-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1849507503
Total Pages : 269 pages
Book Rating : 4.09/5 ( download)

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Download or read book Studies in Law, Politics and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2010-03-05 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Studies in Law, Politics, and Society contains a sampling of work from some of the most promising junior scholars in the next generation of the law and society community. Nominated by their advisors or mentors, their work explores some of the newest areas of law and society research as well as brings fresh insight to bear on enduring

Author : Julia Dehm
Publisher : Cambridge University Press
ISBN 13 : 1108540139
Total Pages : 439 pages
Book Rating : 4.31/5 ( download)

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Download or read book Reconsidering REDD+ written by Julia Dehm and published by Cambridge University Press. This book was released on 2021-06-03 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.

Author : Marjo Lindroth
Publisher : Springer
ISBN 13 : 3319609823
Total Pages : 152 pages
Book Rating : 4.29/5 ( download)

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Download or read book Global Politics and Its Violent Care for Indigeneity written by Marjo Lindroth and published by Springer. This book was released on 2017-11-15 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the common perception that global politics is making progress on indigenous issues and argues that the current global care for indigeneity is, in effect, violent in nature. Examining the inclusion of indigenous peoples in the United Nations Permanent Forum on Indigenous Issues and the Arctic Council, the authors demonstrate how seemingly benevolent practices of international political and legal recognition are tantamount to colonialism, the historical wrong they purport to redress. By unveiling the ways in which contemporary neoliberal politics commissions a certain type of indigenous subject—one distinguished by resilience in particular—the book offers a pioneering account of how international politics has tightened its grip on indigeneity.

Author : Jennifer A. Hamilton
Publisher : Routledge
ISBN 13 : 1135864454
Total Pages : 143 pages
Book Rating : 4.53/5 ( download)

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Download or read book Indigeneity in the Courtroom written by Jennifer A. Hamilton and published by Routledge. This book was released on 2008-11-14 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central question of this book is when and how does indigeneity in its various iterations – cultural, social, political, economic, even genetic – matter in a legal sense? Indigeneity in the Courtroom focuses on the legal deployment of indigenous difference in US and Canadian courts in the late 20th and early 21st centuries. Through ethnographic and historical research, Hamilton traces dimensions of indigeneity through close readings of four legal cases, each of which raises important questions about law, culture, and the production of difference. She looks at the realm of law, seeking to understand how indigeneity is legally produced and to apprehend its broader political and economic implications.

Author : Susan Harris Rimmer
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363921
Total Pages : 592 pages
Book Rating : 4.24/5 ( download)

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Download or read book Research Handbook on Feminist Engagement with International Law written by Susan Harris Rimmer and published by Edward Elgar Publishing. This book was released on 2019 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.

Author : Julie Evans
Publisher : University of Hawaii Press
ISBN 13 : 0824865766
Total Pages : 282 pages
Book Rating : 4.64/5 ( download)

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Download or read book Sovereignty written by Julie Evans and published by University of Hawaii Press. This book was released on 2012-11-30 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unparalleled in its breadth and scope, Sovereignty: Frontiers of Possibility brings together some of the freshest and most original writing on sovereignty being done today. Sovereignty’s many dimensions are approached from multiple perspectives and experiences. It is viewed globally as an international question; locally as an issue contested between Natives and settlers; and individually as survival in everyday life. Through all this diversity and across the many different national contexts from which the contributors write, the chapters in this collection address each other, staging a running conversation that truly internationalizes this most fundamental of political issues. In the contemporary world, the age-old question of sovereignty remains a key terrain of political and intellectual contestation, for those whose freedom it promotes as well as for those whose freedom it limits or denies. The law is by no means the only language in which to think through, imagine, and enact other ways of living justly together. Working both within and beyond the confines of the law at once recognizes and challenges its thrall, opening up pathways to alternative possibilities, to other ways of determining and self-determining our collective futures. The contributors, Indigenous and non-Indigenous alike, converse across disciplinary boundaries, responding to critical developments within history, politics, anthropology, philosophy, and law. The ability of disciplines to connect with each other—and with experiences lived outside the halls of scholarship—is essential to understanding the past and how it enables and fetters the pursuit of justice in the present. Sovereignty: Frontiers of Possibility offers a reinvigorated politics that understands the power of sovereignty, explores strategies for resisting its lived effects, and imagines other ways of governing our inescapably coexistent communities. Contributors: Antony Anghie, Larissa Behrendt, John Docker, Peter Fitzpatrick, Kent McNeil, Richard Pennell, Alexander Reilly, Ben Silverstein, Nin Tomas, Davina B. Woods.

Author : Stephen Young
Publisher : Routledge
ISBN 13 : 1000752658
Total Pages : 220 pages
Book Rating : 4.56/5 ( download)

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Download or read book Indigenous Peoples, Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-11-19 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Irene Watson
Publisher : Taylor & Francis
ISBN 13 : 1317240669
Total Pages : 226 pages
Book Rating : 4.62/5 ( download)

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Download or read book Indigenous Peoples as Subjects of International Law written by Irene Watson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.