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Author: Stewart Motha
Publisher: University of Michigan Press
ISBN: 9780472053865
Category : Political Science
Languages : en
Pages : 0
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Book Description
Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time. Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.
Author: Stewart Motha
Publisher: University of Michigan Press
ISBN: 9780472053865
Category : Political Science
Languages : en
Pages : 0
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Book Description
Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time. Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.
Author: Stewart Motha
Publisher: University of Michigan Press
ISBN: 047212398X
Category : Political Science
Languages : en
Pages : 280
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Book Description
Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time. Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.
Author: Tahu Kukutai
Publisher: ANU Press
ISBN: 1760460311
Category : Social Science
Languages : en
Pages : 344
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Book Description
As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines
Author: Harold Joseph Laski
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773308
Category : Political Science
Languages : en
Pages : 334
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Book Description
Laski's Theory of the State This influential study develops aspects of Laski's theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity; it is one association among many that must compete for the people's loyalty and obedience. Harold J. Laski [1893-1950] was a teacher, political scientist, and leader of the Labour Party. His ideas influenced the work of Felix Frankfurter and Oliver Wendell Holmes, who were two of his closest friends. His work also influenced Jawaharlal Nehru who would go on to become India's first prime minister. xi, [iii], 317 pp.
Author: Jen Hoyer
Publisher:
ISBN: 9781634000895
Category : Capitalism
Languages : en
Pages :
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Book Description
"Examines the role of cultural production within social justice struggles and within archives. Contains reproductions of political ephemera, including zines, banners, stickers, posters, and memes, alongside 15 interviews with artists and activists who have worked across a range of movements including: women's liberation, disability rights, housing justice, Black liberation, anti-war, Indigenous sovereignty, immigrant rights, and prisoner abolition, among others."--Provided by publisher.
Author: Neil Walker
Publisher: Bloomsbury Publishing
ISBN: 1847316964
Category : Law
Languages : en
Pages : 574
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Book Description
Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.
Author: Nandita Sharma
Publisher: Duke University Press
ISBN: 147800245X
Category : Social Science
Languages : en
Pages : 195
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Book Description
In Home Rule Nandita Sharma traces the historical formation and political separation of Natives and Migrants from the nineteenth century to the present to theorize the portrayal of Migrants as “colonial invaders.” The imperial-state category of Native, initially a mark of colonized status, has been revitalized in what Sharma terms the Postcolonial New World Order of nation-states. Under postcolonial rule, claims to autochthony—being the Native “people of a place”—are mobilized to define true national belonging. Consequently, Migrants—the quintessential “people out of place”—increasingly face exclusion, expulsion, or even extermination. This turn to autochthony has led to a hardening of nationalism(s). Criteria for political membership have shrunk, immigration controls have intensified, all while practices of expropriation and exploitation have expanded. Such politics exemplify the postcolonial politics of national sovereignty, a politics that Sharma sees as containing our dreams of decolonization. Home Rule rejects nationalisms and calls for the dissolution of the ruling categories of Native and Migrant so we can build a common, worldly place where our fundamental liberty to stay and move is realized.
Author: Lauren Benton
Publisher: Cambridge University Press
ISBN: 1107782716
Category : History
Languages : en
Pages : 357
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Book Description
A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
Author: Eve Lester
Publisher: Cambridge University Press
ISBN: 1107173272
Category : Law
Languages : en
Pages : 389
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Book Description
This thought-provoking study examines the backstory and enduring contemporary effects of Australia's claim to an absolute right to exclude foreigners.
Author: Sharon R. Krause
Publisher: University of Chicago Press
ISBN: 022623472X
Category : Philosophy
Languages : en
Pages : 260
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Book Description
What does it mean to be free? We invoke the word frequently, yet the freedom of countless Americans is compromised by social inequalities that systematically undercut what they are able to do and to become. If we are to remedy these failures of freedom, we must move beyond the common assumption, prevalent in political theory and American public life, that individual agency is best conceived as a kind of personal sovereignty, or as self-determination or control over one’s actions. In Freedom Beyond Sovereignty, Sharon R. Krause shows that individual agency is best conceived as a non-sovereign experience because our ability to act and affect the world depends on how other people interpret and respond to what we do. The intersubjective character of agency makes it vulnerable to the effects of social inequality, but it is never in a strict sense socially determined. The agency of the oppressed sometimes surprises us with its vitality. Only by understanding the deep dynamics of agency as simultaneously non-sovereign and robust can we remediate the failed freedom of those on the losing end of persistent inequalities and grasp the scope of our own responsibility for social change. Freedom Beyond Sovereignty brings the experiences of the oppressed to the center of political theory and the study of freedom. It fundamentally reconstructs liberal individualism and enables us to see human action, personal responsibility, and the meaning of liberty in a totally new light.
