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Book : Women Judges in the Muslim World

Women Judges in the Muslim World

A Comparative Study of Discourse and Practice

Edited by Nadia Sonneveld and Monika Lindbekk
Brill
ISBN13: 9789004306912
March 2017

Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in the domain of shariʿa-derived family law. Editors Nadia Sonneveld and Monika Lindbekk have carefully woven together the extensive fieldwork and expertise of each author. The result is a rich tapestry that brings out the various effects of women judges in the management of justice. In contrast to early scholarship, they convincingly prove that ‘the woman judge’ does not exist.

Contributors are: Monique C. Cardinal, Jessica Carlisle, Monika Lindbekk, Rubya Mehdi, Valentine M. Moghadam, Najibah Mohd Zin, Euis Nurlaelawati, Arskal Salim, Nadia Sonneveld, Ulrike Schultz and Maaike Voorhoeve.

Nadia Sonneveld (Ph.D., University of Amsterdam, 2009) is senior researcher on Gender and Law in the Muslim world at Radboud University, The Netherlands. Her publications include Khulʿ Divorce in Egypt: Public Debates, Judicial Practice, and Everyday Life(2012).

Monika Lindbekk (Ph.D., University of Oslo, 2016) has published several articles on adjudication of Muslim and Coptic Orthodox family law by Egyptian courts. The title of her Ph.D. dissertation is Inscribing Islamic Shariʿa in Egyptian Marriage and Divorce Law: Continuity and Rupture.

 

Table of Contents :

A Note on Transliteration
Acknowledgements
Foreword: Making the Case for Women Judges in the Muslim World: Valentine M. Moghadam

1. Introduction: A Historical Overview of Gender and Judicial Authority in the Muslim World: Nadia Sonneveld and Monika Lindbekk

Part One: Comparative Understandings of Women’s Appointment as Judges
2. Do Female Judges Judge Differently? Empirical Realities of a Theoretical Debate: Ulrike Schultz
3. Women’s Access to Legal Education and Their Appointment to the Judiciary: The Dutch, Egyptian, and Indonesian Cases Compared: Nadia Sonneveld

Part Two: Country Studies
4. Female Judges at Indonesian Religious Courtrooms: Opportunities and Challenges to Gender Equality: Euis Nurlaelawati and Arskal Salim
5. Seeking Portia and the Duke: Male and Female Judges Dispensing Justice in Paternity Cases in Morocco: Nadia Sonneveld
6. Female Judges in Malaysian Shari‘a Courts: A Problem of Gender or Legal Interpretation?: Najibah Mohd Zin
7. Tunisian Female Judges and ‘The Mobilization of the Emancipation of the Tunisian Family Law’: Maaike Voorhoeve
8. Lady Judges of Pakistan: Embodying the Changing Living Tradition of Islam: Rubya Mehdi
9. The Politics of Exclusion: Women Public Prosecutors and Criminal Court Judges in Syria (1975-2009): Monique C. Cardinal
10. The Best of times, the Worst of Times: State-Salaried, Female Legal Professionals and Foreign Donor Policy in Post-Qadhafi Libya: Jessica Carlisle
11. Women Judges in Egypt: Discourse and Practice: Monika Lindbekk

Book : Legalism. Property and Ownership

Edited by Georgy Kantor, Tom Lambert, and Hannah Skoda
Oxford University Press
Published: 30 November 2017 (Estimated)
ISBN: 9780198813415
Cover for Legalism

 

In this volume, ownership is defined as the simple fact of being able to describe something as ‘mine’ or ‘yours’, and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions.

The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the ‘bundle of rights’ a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated?

Property and ownership cannot be reduced to natural rights, nor do they straightforwardly reflect power relations: the rules through which property is articulated tend to be conceptually subtle. As the fourth volume in the Legalism series, this collection draws on common themes that run throughout the first three volumes: Legalism: Anthropology and History, Legalism: Community and Justice, and Legalism: Rules and Categories consolidating them in a framework that suggests a new approach to legal concepts

Author information :

Edited by Georgy Kantor, Official Fellow and Tutor in Ancient History, St John’s College, Oxford, Tom Lambert, Osborn Fellow in Early Medieval History, Sidney Sussex College, Cambridge, and Hannah Skoda, Fellow and Tutor in History, St John’s College, Oxford

Georgy Kantor is a Fellow and Tutor in Ancient History at St John’s College, Oxford. He works on Roman legal and institutional history, particularly on the eastern provinces of the Roman Empire, and on Greek and Latin inscriptions of the Roman period. He is also an associate editor of the Supplementum Epigraphicum Graecum.

Tom Lambert is a Fellow in History at Sidney Sussex College, Cambridge. His publications include Law and Order in Anglo-Saxon England (2017), and he co-edited (with David Rollason), Peace and Protection in the Middle Ages (2009). His other publications range across early English legal topics, engaging with such themes as hospitality, sanctuary, legal privilege, theft, and violence.

Hannah Skoda is an Associate Professor of History at the University of Oxford and a Fellow of St John’s College. She is author of Medieval Violence: Physical Brutality in Northern France, c.1270- c. 1330 (2012), and co-editor (with Patrick Lantschner and Robert Shaw) of Contact and Exchange in Later Medieval Europe (2012) and (with Paul Dresch) of Legalism: Anthropology and History (2012). She has published on diverse themes of later medieval social and cultural history, and is currently working on expressions of nostalgia in the long fourteenth century.

Contributors:

T.M. Charles-Edwards, Emeritus Fellow, formerly Professor of Celtic Studies at Jesus College, Oxford
Jatin Dua, Assistant Professor in Anthropology at the University of Michigan, Ann Arbor
Matthew Erie, Associate Professor of Modern Chinese Studies, University of Oxford
Walter Rech, postdoctoral researcher, Erik Castrén Institute of International Law and Human Rights, University of Helsinki
Judith Scheele, social anthropologist and post-doctoral research fellow, All Souls College, Oxford
William Wheeler, PhD in Anthropology, Goldsmiths College, University of London

Table of Contents :

Introduction – Property and Ownership: an Overview, Georgy Kantor, Tom Lambert , and Hannah Skoda
1: Cows and the Shariah in the Abéché Customary Court (eastern Chad), Judith Scheele
2: Property in Land in Roman Provinces, Georgy Kantor
3: Property and Possession in Medieval Celtic Societies, T.M. Charles-Edwards
4: The Afterlife of Property: Affect, Time, Value, Matthew Erie
5: Jurisdiction as Property in England, 900-1100, Tom Lambert
6: ‘Everything Belongs to God’: Sayyid Qutb’s Theory of Property and Social Justice, Walter Rech
7: A Sea of Profit: Making Property in the Western Indian Ocean, Jatin Dua
8: Fish as Property on the Small Aral Sea, Kazakhstan, William Wheeler
9: People as Property in Medieval Dubrovnik, Hannah Skoda

Book : Negotiating Cultural Rights

Negotiating Cultural Rights

Issues at Stake,

Challenges and Recommendations

Edited by Lucky Belder and Helle Porsdam

Edward Elgar
Publication Date: 2017
ISBN: 978 1 78643 541 5

 

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today’s intellectual property regimes. This book’s team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed’s reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development.

Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights.

This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues.

Lucky Belder, Senior Researcher, Renforce Research Programme, Europa Institute, Faculty of Law, Economics and Governance, Utrecht University, the Netherlands
Helle Porsdam, Professor of Law and Humanities and UNESCO Chair in Cultural Rights, University of Copenhagen, Denmark
Contributors:
S. Amin, L. Belder, Y. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-Lock

Contents:

Introduction: Outlining the field of cultural rights and its importance
Lucky Belder and Helle Porsdam

1. The United Nations Cultural Rights Mandate: Reflections on the significance and challenges
Farida Shaheed

2. Implementing cultural rights (Nature, issues at stake and challenges) – Report 2010 (A/HRC/14/36)
Lotte Hughes

3. The right of access to and enjoyment of cultural heritage – Report 2011 (A/HRC/17/38)
Lucky Belder

4. The right to enjoy the benefits of scientific progress and its applications – Report 2012 (A/HRC/20/26)
Helle Porsdam and Matthias Mann

5. The enjoyment of cultural rights by women on an equal basis with men – Report 2012 (A/67/287)
Yvonne Donders

6. The right to freedom of expression and creativity – Report 2013 (A/HRC/23/34)
Shahira Amin

7. Corporate interests and artistic voices: the Plesner case
Stina Teilmann-Lock

8. History, memory and memorialization processes – Report 2013 – 2014 (A/68/296, 2013 and A/HRC/25/49, 2014)
Hanne Hagtvedt Vik

9. The impact of commercial advertising and marketing practices on the enjoyment of cultural rights – Report 2014 (A/69/286)
Dalindyebo Shabalala

10. Copyright policy and the right to science and culture – Report 2015 (A/HRC/28/57)
Fiona Macmillan

11. Patent policy and the right to science and culture – Report 2015 (A/70/279)
Jannice Käll

Index

BOOK : Competing Responsibilities : The Ethics and Politics of Contemporary Life

Competing Responsibilities : The Ethics and Politics of Contemporary Life

Susanna Trnka & Catherine Trundle (ed.)

Duke University Press

March 2017
ISBN: 0822363755

 

Description :

  • Noting the pervasiveness of the adoption of « responsibility » as a core ideal of neoliberal governance, the contributors to Competing Responsibilities challenge contemporary understandings and critiques of that concept in political, social, and ethical life. They reveal that neoliberalism’s reification of the responsible subject masks the myriad forms of individual and collective responsibility that people engage with in their everyday lives, from accountability, self-sufficiency, and prudence to care, obligation, and culpability. The essays—which combine social theory with ethnographic research from Europe, North America, Africa, and New Zealand—address a wide range of topics, including critiques of corporate social responsibility practices; the relationships between public and private responsibilities in the context of state violence; the tension between calls on individuals and imperatives to groups to prevent the transmission of HIV; audit culture; and how health is cast as a citizenship issue. Competing Responsibilities allows for the examination of modes of responsibility that extend, challenge, or coexist with the neoliberal focus on the individual cultivation of the self. 

  • Table of contents :

    Introduction. Competing Responsibilities: Reckoning Personal Responsibility, Care for the Other, and the Social Contract in Contemporary Life / Susanna Trnka and Catherine Trundle 1
    Part I. Theoretical Departures
    1. Making Us Resilient: Responsible Citizens for Uncertain Times / Nikolas Rose and Filippa Lentzos 27
    2. Attunement: Rethinking Responsibility / Jarrett Zigon 49
    Part II. States, Companies, and Communities
    3. Reciprocal Responsibilities: Struggles over (New and Old) Social Contracts, Environmental Pollution, and Childhood Asthma in the Czech Republic / Susanna Trnka 71
    4. Audit Culture and the Politics of Responsibility: Beyond Neoliberal Responsibilization? / Cris Shore 96
    5. From Corporate Social Responsibility to Creating Shared Value: Contesting Responsibilization and the Mining Industry / Jessica M. Smith 118
    Part III. Violence
    6. « The Information Is Out There »: Transparency, Responsibility, and the Missing in Cyprus / Elizabeth Anne Davis 135
    7. Justice and Its Doubles: Producing Postwar Responsibilities in Sierra Leone / Rosalind Shaw 156
    Part IV. Intimate Ties
    8. The Politics of Responsibility in HIV / Barry D. Adam 181
    9. Responsibilities of the Third Age and the Intimate Politics of Sociality in Poland / Jessica Robbins-Ruszowski 193
    10. Genetic Bystanders: Familial Responsibility and the State’s Accountability to Veterans of Nuclear Tests / Catherine Trundle 213
    References 233
    Contributors 263
    Index 267

    Contributors :
    Barry D. Adam, Elizabeth Anne Davis, Filippa Lentzos, Jessica Robbins-Ruszkowski, Nikolas Rose, Rosalind Shaw, Cris Shore, Jessica M. Smith, Susanna Trnka, Catherine Trundle, Jarrett Zigon

    About The Author(s) :

    Susanna Trnka is Associate Professor of Anthropology at the University of Auckland and coeditor of Senses and Citizenships: Embodying Political Life.

    Catherine Trundle is Senior Lecturer in Anthropology at Victoria University of Wellington and coeditor of Detachment: Essays on the Limits of Relational Thinking.

 

Book : Islam and the Rule of Justice

Islam and the Rule of Justice

Image and Reality in Muslim Law and Culture

Lawrence Rosen

University Press of Chicago

 ISBN: 9780226511603

Will Publish March 2018

Islam and the Rule of Justice

In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account.

With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Link : http://www.press.uchicago.edu/ucp/books/book/chicago/I/bo27664524.html

About the Author :

Lawrence Rosen is the William Nelson Cromwell Professor Emeritus of Anthropology at Princeton University and adjunct professor of law at Columbia Law School. He is the author of The Culture of Islam; Varieties of Muslim Experience; Bargaining For Reality; and Two Arabs, a Berber, and a Jew; all also published by the University of Chicago Press.

Emptied Lands A Legal Geography of Bedouin Rights in the Negev

Alexandre Kedar, Ahmad Amara, and Oren Yiftachel

Stanford University Press

Forthcoming : February 2018

 

Cover of Emptied Lands by Alexandre Kedar, Ahmad Amara, and Oren Yiftachel

Since its establishment, the Jewish State has devoted major efforts to secure control over the land of Israel. One example is the protracted legal and territorial strife between the Israeli state and its indigenous Bedouin citizens over traditional tribal land in the Negev in southern Israel.

Emptied Lands investigates this multifaceted land dispute, placing it in historical, legal, geographical, and comparative perspective. The authors provide the first legal geographic analysis of the « dead Negev doctrine, » which has been used by Israel to dispossess Bedouin inhabitants and Judaize the southern half of the country. Through crafty use of Ottoman and British laws, particularly the concept of « dead land, » Israel has constructed its own version of terra nullius. Yet, the indigenous property system still functions, creating an ongoing resistance to the Jewish state. This study examines several key land claims and rulings and alternative routes for justice promoted by indigenous communities and civil society movements.

Link : http://www.sup.org/books/title/?id=24714

About the author :

Alexandre Kedar is Senior Lecturer at Haifa University School of Law and a co-editor of The Expanding Spaces of Law (Stanford, 2014).

Oren Yiftachel is Professor of Political Geography at Ben-Gurion University. He is the author of numerous books, including Ethnocracy: Land and Identity Politics in Israel/Palestine (2006).

Ahmad Amara is a Palestinian human rights lawyer. In 2005, he co-founded a human rights organization, Karama (Arabic for « Dignity »), in Nazareth.

 

 

Law Mart. Justice, Access, and For-Profit Law Schools

Riaz Tejani
Stanford University Press
July 2017
Paper ISBN: 9781503603011

 

Cover of Law Mart by Riaz Tejani

American law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession’s supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a « free » market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by « serving the underserved ». Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning.

In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic « minority » communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.

Link : http://www.sup.org/books/title/?id=25975

About the author :

Riaz Tejani is Assistant Professor of Legal Studies at University of Illinois Springfield.

A Sense of Justice Legal Knowledge and Lived Experience in Latin America

Legal Knowledge and Lived Experience in Latin America
Edited by Sandra Brunnegger and Karen Ann Faulk
Stanford University Press
June 2016
Paper ISBN: 9780804799072

 

Cover of A Sense of Justice by Edited by Sandra Brunnegger and Karen Ann Faulkcorruption

Throughout Latin America, the idea of « justice » serves as the ultimate goal and rationale for a wide variety of actions and causes. In the Chilean Atacama Desert, residents have undertaken a prolonged struggle for their right to groundwater. Family members of bombing victims in Buenos Aires demand that the state provide justice for the attack. In Colombia, some victims of political violence have turned to the courts for resolution, while others reject the state’s ability to fairly adjudicate their grievances and have constructed a non-state tribunal. In each of these examples, the protagonists seek one main thing: justice.

A Sense of Justice ethnographically explores the complex dynamics of justice production across Latin America. The chapters examine (in)justice as it is lived and imagined today and what it means for those who claim and regulate its parameters, including the Brazilian police force, the Permanent Peoples’ Tribunal in Colombia, and the Argentine Supreme Court. Inextricable as « justice » is from inequality, violence, crime, and corruption, it emerges through memory, in space, and where ideals meet practical limitations. Ultimately, the authors show how understanding the dynamic processes of constructing justice is essential to creating cooperative rather than oppressive forms of law.

Link : http://www.sup.org/books/title/?id=25265

About the author :

Sandra Brunnegger is Fellow and Lecturer at St. Edmund’s College, Cambridge.

Karen Ann Faulk is Research Professor at the Colegio de México.

La vérité côté cour. Une ethnologue aux assises

Christiane Besnier

La vérité côté cour
Une ethnologue aux assises

La découverte, 2017

ISBN : 9782707192110

Que se dit-il dans une cour d’assises, où se côtoient professionnels et jury populaire ? Comment y rend-on la justice ? Après avoir suivi une quarantaine de procès de 2001 à 2016, véritable immersion dans les prétoires, Christiane Besnier propose la première approche ethnographique de cette juridiction. Elle étudie au plus près, tout en maintenant la distance de l’ethnologue, les rouages du jugement dans les affaires de mœurs (viols et incestes) et d’homicides (meurtres et assassinats).

La recherche de la vérité en cour d’assises se rapproche d’une recherche en laboratoire. À partir de l’observation des faits, le président formule des hypothèses qu’il soumet au débat pour en mesurer la validité – un processus dans lequel l’oralité est décisive. Il est assisté dans cette tâche par les autres acteurs de l’audience. Ainsi, la cour d’assises produit une vérité construite collectivement. La comparaison avec la justice américaine, qui tend à désigner un gagnant et un perdant, au cours d’un affrontement entre avocats, met d’ailleurs en évidence la singularité du modèle français, où toutes les parties contribuent à la recherche graduelle de la vérité, faisant œuvre commune.

La Vérité côté cour initie le lecteur à toutes les étapes du procès, de la salle des pas perdus à celle des délibérés, et lui fait partager ces moments graves à travers de nombreuses citations saisies sur le vif.

Christiane Besnier est ethnologue. Elle dirige des recherches sur les juridictions criminelles en France et en Europe au sein du Centre d’anthropologie culturelle de Paris Descartes. Elle est rédacteur en chef de la revue Droit et Cultures (université Paris Nanterre).

On Retaliation

Bertram Turner and Günther Schlee (ed.)

On Retaliation
Towards an Interdisciplinary
Understanding of a Basic Human Condition

Berghahn, 2017

ISBN  978-1-78533-418-4

Retaliation is associated with all forms of social and political organization, and retaliatory logics inform many different conflict resolution procedures from consensual settlement to compensation to violent escalations. This book derives a concept of retaliation from the overall notion of reciprocity, defining retaliation as the human disposition to strive for a reactive balancing of conflicts and injustices. On Retaliation presents a synthesized approach to both the violence-generating and violence-avoiding potentials of retaliation. Contributors to this volume touch upon the interaction between retaliation and violence, the state’s monopoly on legitimate punishment and the factors of socio-political frameworks, religious interpretations and economic processes.

CONTENTS

Introduction: On Retaliation: Conceptual Plurality, Transdisciplinary Research, Rifts, Blurrings and Translations
Bertram Turner

SECTION I: RETALIATION AND THE HUMAN NATURE: THE SEARCH FOR UNIVERSALITIES?

Chapter 1. Revenge and Retaliation: A Social-functionalist Approach
Mario Gollwitzer and Arne Sjöström

Chapter 2. In The Heart of the Moment: The Influence of Visceral Factors on Retaliation
Robert J. Bies and Thomas M. Tripp

SECTION II: RETALIATION IN PSYCHOLOGICAL AND ECONOMIC ANALYSES OF CRIME AND DEVIANCE

Chapter 3. A Criminal is a Victim is a Criminal? An Economist’s View on the Victim-Offender Overlap
Horst Entorf

Chapter 4. Laypeople’s Reactions to Deviancy as Determined by Retributive Motives
Margit E. Oswald

SECTION III: RETALIATION AND PUNISHMENT: ENCOUNTER OF FORMAL AND INFORMAL NORMATIVITIES

Chapter 5. Violent Crimes and Retaliation in the European Criminal Justice System between the Seventeenth and Nineteen Centuries
Karl Härter

Chapter 6. Crime in Motion: Predation, Retaliation and the Spread of Urban Violence
Richard Wright, Volkan Topalli and Scott Jacques

SECTION IV: FAITH-BASED RETALIATION: SPIRITUALITY AND NORMATIVITY OF THE RETALIATORY GRAMMAR

Chapter 7. Crime and Punishment: Intentionality and Diya in Algeria and Sudan
Yazid Ben Hounet

Chapter 8. ‘Bewitched People and Bad Luck Everywhere!’ Disputing and Magical Retaliation in SiSwati-Speaking Southern Africa
Severin Lenart

SECTION V: RETALIATION IN NEGOTIATIONS AND ORGANIZATIONS OF SOCIAL AND POLITICAL ORDERS

Chapter 9. Forum Shopping as Retaliation in Disguise: How Nomadic Fulbe Condemn Retaliation and Forum Shopping, but Practise Them Anyway
Albert K. Drent

Chapter 10. Customary Law and the Joys of Statelessness: Somali Realities beyond Libertarian Fantasies
Günther Schlee

SECTION VI: TRAVELLING MODELS OF RETALIATION: POST-CONFLICT SCENARIOS IN INTERNATIONAL LAW AND ON THE GROUND

Chapter 11. Retaliation in Postwar Times: An Analysis of the Rhetoric and Practices of Retaliation in Bamyan, Afghanistan, 2009
Friederike Stahlmann

Chapter 12. The International Criminal Court Reparation System: Punishment, Retaliation, Restoration
Pietro Sullo

Conclusion: Retaliation in Specific Spheres of Effectiveness
Bertram Turner

Index

Truth, Intentionality and Evidence.

Yazid Ben Hounet, Deborah Puccio-Den (ed.)

Truth, Intentionality and Evidence
Anthropological Approaches to Crime

 Routledge, March 2017

ISBN: 9781138646094

 

Cover Image

 

This book provides an anthropological exploration of the ways in which crime is perceived and defined, focusing on notions of truth, intentionality, and evidence. The chapters contain rich ethnographic case studies drawn from work in the Middle East, Africa, India, Mexico and Europe. A variety of instances are discussed, from court proceedings, police reports and newspapers to moments of conflict resolution and reconciliation. Through analysis of this material, the authors reflect on how perception of an act as a crime can differ and how the definition of crime may not be shared by all societies. The approach takes into consideration local standards as well as social, legal and contextual constraints.

Table of Contents :

1. Questioning the Truth. Ideals of Justice and Trial Techniques in India 2. Evidence, Certainty, and Doubt: Judge’s Knowledge in Iranian Criminal Sanctioning 3. The (ir)relevance of avowals in the interpretation of criminal evidence in Syria 4. On intentionality in Mafia crimes 5. Crime, intentionality and blood money in Algeria and Sudan 6. “To Lose Oneself While Acting”: Crime and Forgiveness in the Mixe Highlands of Oaxaca, Mexico 7. Translating evidentiary practices and technologies of truth finding: oath taking as witness testimony in plural legal configurations in rural Morocco 8. A faded narrative: reconstruction and restitution in medico-legal expertise in India 9. Technologies of truth and access to justice: Becoming an apartheid victim in contemporary South Africa

Culture in the Domains of Law

René Provost (ed.)

Culture in the Domains of Law

Cambridge Studies in Law and Society, 2017

ISBN : 9781107163331

Culture in the Domains of Law
What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.

Table of Contents:

1. Centaur jurisprudence – culture before the law René Provost
Part I. Accommodation of Minority Cultural Practices:
2. Legal pluralism and the interpretive limits of law Anthony Connolly
3. Family law, state recognition and intersecting spheres/spaces: Jewish and Muslim women divorcing in the UK Pascale Fournier
4. Customary norms vs state law. French courts’ responses to the traditional practice of excision Lucia Bellucci
Part II. Aboriginal Law:
5. Law, culture, fact in indigenous claims: legal pluralism as a problem of recognition Kirsten Anker
6. On perpetuity: tradition, law, and the pluralism of Hopi jurisprudence Justin Richland
7. Existing in the hyphen: on relational legal culture Jen Hendry
8. The unexpected effects of the recognition of indigenous rights in New Caledonia: the story of an assimilation measure becoming the trigger for the acculturation of the French legal system Thomas Burelli and Régis Lafargue
Part III. Alternative Dispute Resolution:
9. Cultures of conflict: welcoming and resisting ‘non-Western’ influence in alternative dispute resolution Eric Reiter
10. Rebalancing power and culture: the case of alternative dispute resolution Morgan Brigg
11. Grassroots law in context: moving beyond the cultural justification Kristin Doughty
Part IV. Law in Conflicts:
12. Cannibal laws René Provost
13. Beyond the paradox of exporting the rule of law: resilience and the war on drugs in the Americas David Chandler.

Editor :

René Provost, McGill University, Montréal
René Provost is Professor of Law at McGill University, Canada, where he was the founding director of the McGill Centre for Human Rights and Legal Pluralism. He has researched and published widely on international law and legal pluralism. In 2015, he was named a Fellow of the Pierre Elliott Trudeau Foundation, Québec for his contribution to the advancement of knowledge in the humanities and social sciences.

Contributors :

René Provost, Anthony Connolly, Pascale Fournier, Lucia Bellucci, Kirsten Anker, Justin Richland, Jen Hendry, Thomas Burelli, Régis Lafargue, Eric Reiter, Morgan Brigg, Kristin Doughty, David Chandler

The Anthropology of Global Organizations

Ronald Niezen & Maria Sapignoli (ed.)

Palaces of Hope
The Anthropology of Global Organizations

Cambridge Studies in Law and Society,  2017

ISBN : 9781107127494

Palaces of Hope

This volume assembles in one place the work of scholars who are making key contributions to a new approach to the United Nations, and to global organizations and international law more generally. Anthropology has in recent years taken on global organizations as a legitimate source of its subject matter. The research that is being done in this field gives a human face to these world-reforming institutions. Palaces of Hope demonstrates that these institutions are not monolithic or uniform, even though loosely connected by a common organizational network. They vary above all in their powers and forms of public engagement. Yet there are common threads that run through the studies included here: the actions of global institutions in practice, everyday forms of hope and their frustration, and the will to improve confronted with the realities of nationalism, neoliberalism, and the structures of international power.

Table of contents:

1. Introduction Ronald Niezen and Maria Sapignoli
2. Heart of darkness: an exploration of the WTO Marc Abélès
3. Horseshoe and catwalk: power, complexity and consensus-making in the United Nations Security Council Niels Nagelhus Schia
4. A kaleidoscopic institutional form: expertise and transformation in the permanent forum on indigenous issues Maria Sapignoli
5. The ‘public’ character of the Universal Periodic Review: contested concept and methodological challenge Jane K. Cowan and Julie Billaud
6. Meeting ‘the world’ at the Palais Wilson: embodied universalism at the UN Human Rights Committee Miia Halme-Tuomisaari
7. Expertise and quantification in global institutions Sally Engle Merry
8. From boardrooms to field programs: humanitarianism and international development in Southern Africa Robert K. Hitchcock
9. Global village courts: international organizations and the bureaucratization of rural justice systems in the Global South Tobias Berger
10. Contrasting values of forests and ice in the making of a global climate agreement Noor Johnson and David Rojas
11. The best of the best: positing, measuring and sensing value in the UNESCO World Heritage Arena Christoph Brumann
12. Propaganda on trial: structural fragility and the epistemology of international legal institutions Richard Ashby Wilson
13. The anthropology by organizations: legal knowledge and the UN’s ethnological imagination Ronald Niezen
Index.

Editors :

Ronald Niezen (McGill University, Montréal)
Ronald Niezen holds the Katharine A. Pearson Chair in Civil Society and Public Policy in the Faculty of Law and the Department of Anthropology at McGill University, Montréal. His work on public justice outreach includes the study of truth and reconciliation commissions, online lobbying, and human rights movements. These areas of study have involved research in a variety of forums, including the United Nations Working Group on Indigenous Populations, the Permanent Forum on Indigenous Issues, the World Health Organization, and the Arctic Council. His books include The Origins of Indigenism: Human Rights and the Politics of Difference (2003), Public Justice and the Anthropology of Law (Cambridge, 2010), and Truth and Indignation: Canada’s Truth and Reconciliation Commission on Indian Residential Schools (2013).

Maria Sapignoli (Max Planck Institute for Social Anthropology)
Maria Sapignoli is a Research Fellow in the Department of Law and Anthropology at the Max Planck Institute for Social Anthropology. She has done research on legal activism, indigenous rights, and social movements. These areas of study have involved work in a variety of global organizations, including the United Nations Secretariat Headquarters, the Permanent Forum on Indigenous Issues, the International Fund for Agricultural Development, and the International Labour Organization’s Training Centre. Some of her research involves San activism in southern Africa on issues related to indigenous peoples’ rights and claims to land and resources in the context of resettlement. She is the author of several articles and book chapters on indigenous peoples in southern Africa, most recently in Anthropological Forum (2015) and the Routledge Handbook of Indigenous Peoples’ Rights (2016).

Contributors : Ronald Niezen, Maria Sapignoli, Marc Abélès, Niels Nagelhus Schia, Jane K. Cowan, Julie Billaud, Miia Halme-Tuomisaari, Sally Engle Merry, Robert K. Hitchcock, Tobias Berger, Noor Johnson, David Rojas, Christoph Brumann, Richard Ashby Wilson

Mark Goodale, Anthropology and Law.

Mark Goodale

Anthropology and Law. A Critical Introduction

Foreword by Sally Engle Merry

NUY Press, mai 2017

ISBN: 9781479895519

 

An introduction to the anthropology of law that explores the connections between law, politics, and technology. From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.

Mark Goodale is Professor of Cultural and Social Anthropology at the University of Lausanne. Previously, he was Professor of Conflict Studies and Anthropology at George Mason University and the first Marjorie Shostak Distinguished Lecturer in Anthropology at Emory University. He is the author of Surrendering to Utopia: An Anthropology of Human Rights (Stanford UP, 2009) and Dilemmas of Modernity: Bolivian Encounters with Law and Liberalism (Stanford UP, 2008) and the editor or coeditor of eleven other volumes on anthropology, human rights, legal pluralism, justice, Latin American politics and society, and methodology. The founding Series Editor of Stanford Studies in Human Rights, he is currently writing a book about revolution, ideology, and law in Bolivia based on several years of ethnographic research funded by the US National Science Foundation and the Wenner-Gren Foundation for Anthropological Research.

Comparative Law and Anthropology

Comparative Law and Anthropology
Research Handbooks in Comparative Law series

Edited by James A.R. Nafziger, Thomas B. Stoel Professor of Law and Director of International Programs, Willamette University College of Law, US

This cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is  »ground up » without regard to unified paradigms of research or objects of study.

Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook’s expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. 

This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.

Contributors include: U. Acharya, C. Bell, J. Blake, S. Brink, E. Darian-Smith, R. Francaviglia, M. Lazarus-Black, P. McHugh, S.F. Moore, E. Moustaira, L. Nader, J. Nafziger, M. Novakovic, R. Price, O. Ruppel, J.A. Sanchez, W. Shipley, R. Tejani, A. Telesetsky, K. Thomas

Publication Date: November 2017
ISBN: 978 1 78195 517 8