International Yearbook for Legal Anthropology, Volume 7 PDF Download
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Author: René Kuppe
Publisher: BRILL
ISBN: 9004638903
Category : Law
Languages : en
Pages : 415
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Book Description
Volume 7 of Law and Anthropology brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, Law and Anthropology will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.
Author: René Kuppe
Publisher: BRILL
ISBN: 9004638903
Category : Law
Languages : en
Pages : 415
Get Book Here
Book Description
Volume 7 of Law and Anthropology brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, Law and Anthropology will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.
Author: René Kuppe
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792331421
Category : Law
Languages : en
Pages : 424
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Book Description
Volume 7 of "Law and Anthropology" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, "Law and Anthropology" will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.
Author: Richard Potz
Publisher: BRILL
ISBN: 904740694X
Category : Law
Languages : en
Pages : 233
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Book Description
The Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject.
Author: Margaret D. Jacobs
Publisher: U of Nebraska Press
ISBN: 0803276583
Category : Family & Relationships
Languages : en
Pages : 401
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Book Description
On June 25, 2013, the U.S. Supreme Court heard the case Adoptive Couple vs. Baby Girl, which pitted adoptive parents Matt and Melanie Capobianco against baby Veronica’s biological father, Dusten Brown, a citizen of the Cherokee Nation of Oklahoma. Veronica’s biological mother had relinquished her for adoption to the Capobiancos without Brown’s consent. Although Brown regained custody of his daughter using the Indian Child Welfare Act (ICWA) of 1978, the Supreme Court ruled in favor of the Capobiancos, rejecting the purpose of the ICWA and ignoring the long history of removing Indigenous children from their families. In A Generation Removed, a powerful blend of history and family stories, award-winning historian Margaret D. Jacobs examines how government authorities in the post–World War II era removed thousands of American Indian children from their families and placed them in non-Indian foster or adoptive families. By the late 1960s an estimated 25 to 35 percent of Indian children had been separated from their families. Jacobs also reveals the global dimensions of the phenomenon: These practices undermined Indigenous families and their communities in Canada and Australia as well. Jacobs recounts both the trauma and resilience of Indigenous families as they struggled to reclaim the care of their children, leading to the ICWA in the United States and to national investigations, landmark apologies, and redress in Australia and Canada.
Author: Ann Laquer Estin
Publisher: Routledge
ISBN: 1351885405
Category : Law
Languages : en
Pages : 987
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Book Description
With the accelerating movement of individuals and families across national borders, the intersections of cultural and legal frameworks have become increasingly complex. The Multi-Cultural Family collects essays from around the world on the challenges of legal pluralism, minority religious communities and customary or indigenous law, with attention paid to marriage and divorce, as well as child custody and adoption, family violence and dispute resolution.
Author: Maria Victoria Cabrera Ormaza
Publisher: BRILL
ISBN: 9004356010
Category : Law
Languages : en
Pages : 262
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Book Description
In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1206
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Book Description
Author: Carol J. Pierce Colfer
Publisher: Routledge
ISBN: 1136522778
Category : Business & Economics
Languages : en
Pages : 458
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Book Description
Indonesia contains some of Asia‘s most biodiverse and threatened forests. The challenges result from both long-term management problems and the political, social, and economic turmoil of the past few years. The contributors to Which Way Forward? explore recent events in Indonesia, while focusing on what can be done differently to counter the destruction of forests due to asset-stripping, corruption, and the absence of government authority. Contributors to the book include anthropologists, economists, foresters, geographers, human ecologists, and policy analysts. Their concerns include the effects of government policies on people living in forests, the impact of the economic crisis on small farmers, links between corporate debt and the forest sector, and the fires of the late 1990s. By analyzing the nation‘s dramatic circumstances, they hope to demonstrate how Indonesia as well as other developing countries might handle their challenges to protect biodiversity and other resources, meet human needs, and deal with political change. The book includes an afterword by Emil Salim, former Indonesian Minister of State for Population and the Environment and former president of the Governing Council of the United Nations Environment Programme. A copublication of Resources for the Future and the Center for International Forestry Research (CIFOR) and the Institute for Southeast Asian Studies (ISEAS).
Author: Mariana Monteiro de Matos
Publisher: BRILL
ISBN: 9004411275
Category : Law
Languages : en
Pages : 358
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Book Description
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection. In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
Author: Katharine Fortin
Publisher: Oxford University Press
ISBN: 0192536079
Category : Law
Languages : en
Pages : 465
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Book Description
Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
