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Author: Bruce L. Ottley
Publisher: Carolina Academic Press LLC
ISBN: 9781531005504
Category : Law
Languages : en
Pages : 538
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Book Description
"In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes"--
Author: Bruce L. Ottley
Publisher: Carolina Academic Press LLC
ISBN: 9781531005504
Category : Law
Languages : en
Pages : 538
Get Book Here
Book Description
"In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes"--
Author: Mohammad Shahabuddin
Publisher: Cambridge University Press
ISBN: 1108483674
Category : Law
Languages : en
Pages : 379
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Book Description
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Author: Piyel Haldar
Publisher: Routledge
ISBN: 1135897557
Category : Law
Languages : en
Pages : 319
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Book Description
Focusing on the ‘problem’ of pleasure Law, Orientalism and Postcolonialism uncovers the organizing principles by which the legal subject was colonized. That occidental law was complicit in colonial expansion is obvious. What remains to be addressed, however, is the manner in which law and legal discourse sought to colonize individual subjects as subjects of law. It was through the permission of pleasure that modern Western subjects were refined and domesticated. Legally sanctioned outlets for private and social enjoyment instilled and continue to instil within the individual tight self-control over behaviour. There are, however, states of behaviour considered to be repugnant to, and in excess of, modern codes of civility. Drawing on a broad range of literature, (including classical jurisprudence, eighteenth century Orientalist scholarship, early travel literature, and nineteenth century debates surrounding the rule of law), yet concentrating on the experience of British India, the argument here is that such excesses were deemed to be an Oriental phenomenon. Through the encounter with the Orient and with the fantasy of its excess, Piyel Haldar concludes, the relationship between the subject and the law was transformed, and must therefore be re-assessed.
Author: Denise Ferreira da Silva
Publisher:
ISBN: 9780415640183
Category :
Languages : en
Pages :
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Book Description
Author: Richard Powell
Publisher: Springer Nature
ISBN: 981151173X
Category : Foreign Language Study
Languages : en
Pages : 316
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Book Description
This book discusses multilingual postcolonial common law, focusing on Malaysia’s efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?
Author: Simon Stern
Publisher:
ISBN: 0190695625
Category : Education
Languages : en
Pages : 921
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Book Description
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Author: Ratna Kapur
Publisher: Routledge
ISBN: 113531053X
Category : Law
Languages : en
Pages : 391
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Book Description
The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.
Author: Eve Darian-Smith
Publisher: University of Michigan Press
ISBN: 9780472109562
Category : History
Languages : en
Pages : 362
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Book Description
Essays reveal the central part played by law in constituting the West as the antithesis of various 'others'
Author: Austin Sarat
Publisher: John Wiley & Sons
ISBN: 047069291X
Category : Social Science
Languages : en
Pages : 688
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Book Description
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
Author: Prabhakar Singh
Publisher: Oxford University Press, USA
ISBN: 9780199450633
Category : Law
Languages : en
Pages : 0
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Book Description
"Generally perceived as a means to organize relations between nations, international law could also become a critical lens in understanding the nature and function of the world order. A number of researchers have worked in this area, unearthing its paradoxes and discursive terrains through a range of issues like globalization, environment, human rights, and investment laws. With contributions by established as well as promising scholars across the globe, this work explores the numerous issues that currently confront international law. The essays deliberate on both theories of international law and issues of interpretation. Three main streams representing critical international law have been identified. While Postrealism discusses international law and international politics, Postcolonialism grapples with the understanding of international vis-à-vis decolonized countries informed by sociology, philosophy, and history. Transnationalism displaces states as the primary makers of international law to include non-state actors in global governance. Discernment is an essential element in legal studies; in this light the present volume raises more questions than it answers, but attempts to evaluate problems from multiple perspectives"--Unedited summary from book jacket.
