Making Law in Papua New Guinea

Making Law in Papua New Guinea

Author: Bruce L. Ottley

Publisher: Carolina Academic Press LLC

Published: 2021

Total Pages: 538

ISBN-13: 9781531005504

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"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"--


Language Choice in Postcolonial Law

Language Choice in Postcolonial Law

Author: Richard Powell

Publisher: Springer Nature

Published: 2020-02-24

Total Pages: 316

ISBN-13: 981151173X

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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?


The Oxford Handbook of Law and Humanities

The Oxford Handbook of Law and Humanities

Author: Simon Stern

Publisher:

Published: 2020

Total Pages: 921

ISBN-13: 0190695625

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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.


Erotic Justice

Erotic Justice

Author: Ratna Kapur

Publisher: Routledge

Published: 2013-03-04

Total Pages: 391

ISBN-13: 113531053X

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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.


Law, Orientalism and Postcolonialism

Law, Orientalism and Postcolonialism

Author: Piyel Haldar

Publisher: Routledge

Published: 2007-12-05

Total Pages: 319

ISBN-13: 1135897557

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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.


Laws of the Postcolonial

Laws of the Postcolonial

Author: Eve Darian-Smith

Publisher: University of Michigan Press

Published: 1999

Total Pages: 362

ISBN-13: 9780472109562

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Essays reveal the central part played by law in constituting the West as the antithesis of various 'others'


The Blackwell Companion to Law and Society

The Blackwell Companion to Law and Society

Author: Austin Sarat

Publisher: John Wiley & Sons

Published: 2008-04-15

Total Pages: 688

ISBN-13: 047069291X

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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.


States of Emergency

States of Emergency

Author: Stephen Morton

Publisher: Liverpool University Press

Published: 2013-01-01

Total Pages: 258

ISBN-13: 1846318491

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States of Emergency examines how violent anticolonial struggles and the legal, military, and political techniques employed by colonial governments to contain them have been imagined in both literary and legal narratives. Through a series of case studies, Stephen Morton considers how colonial states of emergency have been defined and represented in the contexts of Ireland, India, South Africa, Algeria, Kenya, and Israel- Palestine, concluding with a compelling assessment of the continuities between colonial states of emergency and the war on terror in Iraq, Afghanistan, and Pakistan.