Conflicts caused by competing concepts of property are the subject of this book that reshapes study of the relationship between law and society in Australasia and North America. Chapters analyse decisions made by governments and courts upon questions of policy and law in terms of their consequences for rights and models of personhood. Late twentieth-century decisions concerning native title in Canada and Australia demonstrate the relevance of historical case studies of communal and fee-simple land holding in colonial and post-colonial societies. An international team of contributors draw on their experience from a wide range of disciplinary backgrounds and jurisdictions.
There has been much recent celebration of the success of African 'civil society' in forging global connections through an ever-growing diaspora. Against the background of such celebrations, this innovative book sheds light on the diasporic networks - 'home associations' - whose economic contributions are being used to develop home. Despite these networks being part of the flow of migrants' resources back to Africa that now outweighs official development assistance, the relationship between the flow of capital and social and political change are still poorly understood. Looking in particular at Cameroon and Tanzania, the authors examine the networks of migrants that have been created by making 'home associations' international. They argue that claims in favour of enlarging 'civil society' in Africa must be placed in the broader context of the political economy of migration and wider debates concerning ethnicity and belonging. They demonstrate both that diasporic development is distinct from mainstream development, and that it is an uneven historical process in which some 'homes' are better placed to take advantage of global connections than others. In doing so, the book engages critically with the current enthusiasm among policy-makers for treating the African diaspora as an untapped resource for combating poverty. Its focus on diasporic networks, rather than private remittances, reveals the particular successes and challenges diasporas face in acting as a group, not least in mobilising members of the diaspora to fulfill obligations to home.
The foundation for all study of biblical law is the assumption that the Covenant Code is the oldest legal code in the Hebrew Bible and that all other laws are revisions of that code. This book sets forth the radical hypothesis that those laws in the covenant code that are similar to Deuteronomy and the Holiness Code are in fact later than both of these, and therefore can't be taken as the foundation of Hebrew Law.
The first ever comprehensive history of anti-Semitism in England, from medieval murder and expulsion through to contemporary forms of anti-Zionism in the 21st century.
Featuring essays by world-renowned scholars, Diasporas charts the various ways in which global population movements and associated social, political and cultural issues have been seen through the lens of diaspora. Wide-ranging and interdisciplinary, this collection considers critical concepts shaping the field, such as migration, ethnicity, post-colonialism and cosmopolitanism. It also examines key intersecting agendas and themes, including political economy, security, race, gender, and material and electronic culture. Original case studies of contemporary as well as classical diasporas are featured, mapping new directions in research and testing the usefulness of diaspora for analyzing the complexity of transnational lives today. Diasporas is an essential text for anyone studying, working or interested in this increasingly vital subject.
This work attempts to counteract the essentialism of originary thinking in the contemporary era by providing a new reading of a relatively understudied corpus of literature from a ambivalently stereotyped diasporic group, in order to rethink and problematise the concept of diaspora as a spatial concept. As work situated in the Law-in-Literature movement, beyond the disciplinary boundaries of scholarship, this book aims to construct a ‘literary jurisprudence’ of diaspora space, deconstructing space in order to question what it means to be ‘settled’ in literary refractions of the lawscape by drawing on refractions of case law in a corpus of texts by Romani authors. These texts are used as hermeutic framings to draw unique spatio-temporal landscapes through which the reader can explore the refractive, reflective, interpretative conditions of legality as a crucible in which to theorise law.The radical intent of this work, therefore, is to deconstruct jurisprudential spatial order in order to theorize diaspora space, in the context of the Roma Diaspora. This work will offer readers new possibilities to re-imagine diaspora through law and literature and provides an innovative critical interdisciplinary analysis of the shaping of space.
This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.