Law, Resistance, and the State
Law, Resistance, and the State

Author: Gerald Strauss

Publisher: Princeton University Press

Published: 2014-07-14

Total Pages: 316

ISBN-13: 1400854407

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Gerald Strauss offers a comprehensive study of a phenomenon of great interest to scholars of early modern Europe: the widespread opposition to Roman law and lawyers in sixteenth-century Germany. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Contested States
Contested States

Author: Mindie Lazarus-Black

Publisher: Routledge

Published: 2012-11-12

Total Pages: 334

ISBN-13: 1136041028

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Contested States examines how hegemony is created and facilitated through law as well as how people use legal arenas to resist oppression. The essays, written by anthropologists and historians, offer rich historical and ethnographic detail as they engage these themes in such contexts as: colonial and post-colonial courts in Kenya, India, Uganda and the Caribbean; bureaucracies in Tonga and Turkey; and judicial processes in the historical and contemporary United States. Contested States contributes to the new focus on power and social process in legal studies and argues that while states encode and enforce law, a crucial part of the power of law is its very contestability. The book demonstrates that theoretical insights learned in legal arenas can deepen one's overall understanding of sociocultural order and the processes of historical and legal change.

When All Else Fails
When All Else Fails

Author: Jason Brennan

Publisher: Princeton University Press

Published: 2020-12-08

Total Pages: 286

ISBN-13: 0691211507

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The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their government: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can't fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of "uncivil disobedience." We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power

State Crime and Resistance
State Crime and Resistance

Author: Elizabeth Stanley

Publisher: Routledge

Published: 2012

Total Pages: 253

ISBN-13: 0415691931

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This text recognizes that crimes of the state are far more serious and harmful than crimes committed by individuals, and considers how such crimes may be contested, prevented, challenged or stopped.

Nine-tenths of the Law
Nine-tenths of the Law

Author: Hannah Dobbz

Publisher: AK Press

Published: 2012-11-27

Total Pages: 266

ISBN-13: 1849351198

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"Millions of foreclosed homes and abandoned buildings on one hand; millions of Americans desperate for decent shelter on the other. Hannah Dobbz makes the necessary addition of resources and needs in a book that is both a brilliant history of squatting in the USA and a template for the next stage of the Occupy movement.--Mike Davis, author of Planet of Slums and Buda's Wagon How does "property" fit into designs for an equitable society? Nine-tenths of the Law examines the history of squatting and property struggles in the United States, from colonialism to twentieth century urban squatting and the foreclosure crisis of the late 2000s, and how such resistance movements shape the law. Stories from our most hard-hit American cities show that property is truly in crisis: One in five homes in Buffalo, NY, are abandoned. Our national housing vacancy rate is 14 percent. If we gave a house to every homeless person in the United States two-thirds of that stock would remain empty. In May of 2011, one in every 103 homes in Nevada was in foreclosure. Nine-tenths of the Law expands our understanding of property law and highlights recent tactics like creative squatting ventures and the use of adverse possession to claim title to vacant homes. Hannah Dobbz unveils the tangled relationship Americans have always had in creating and sustaining healthy communities. Hannah Dobbz is a writer, editor, filmmaker, and former squatter. In 2007 she produced a film about squatters in the Bay Area called Shelter. The film has screened widely at universities, bookstores, and community spaces, including the 2009 Three Rivers Film Festival in Pittsburgh, Pennsylvania.

The Struggle for Constitutional Power
The Struggle for Constitutional Power

Author: Tamir Moustafa

Publisher: Cambridge University Press

Published: 2007-06-11

Total Pages: 339

ISBN-13: 1139465112

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For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

Gender, Law, and Resistance in India
Gender, Law, and Resistance in India

Author: Erin P. Moore

Publisher: University of Arizona Press

Published: 2001-12-01

Total Pages: 220

ISBN-13: 9780816522385

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Theft, poisoning, affairs, flights home, refusals to work, eat or have sex, threats to divide the joint household, and sly acts of sabotage are some of the domestic warfare tactics employed by Muslim women attempting to resist patriarchy. Gender, Law, and Resistance in India dramatically illustrates how a patriarchal ideology is upheld and reinforced through male-governed social and legal institutions and how women defy that control. Based on anthropological fieldwork in rural Rajasthan in northern India, Erin Moore's book details the life of an extended Muslim family she has known for twenty years. In many ways the plight of the central character, Hunni, is representative of dilemmas experienced by the majority of north Indian peasant women. Ultimately an account of cultural hegemony and defiance, Gender, Law, and Resistance in India reveals how so-called "modern" state institutions and practices reinforce traditional arrangements, resulting in women being silenced, deprived of equal rights before the law, and returned to their male guardians. Still, women resist in overt and covert ways. The first ethnographic work to focus principally on the law and legal institutions of gender and agency in South Asia, this unique volume examines the interpenetrations of north India's pluralistic legal systems. Moore adeptly connects engrossing case histories to national dialogues over women's rights, discussing these issues in terms of Muslim personal laws, secularism, and communal violence. Gender, Law, and Resistance in India is a rich and truly significant contribution to gender studies, South Asian studies, and sociolegal studies.

Protest, Property and the Commons
Protest, Property and the Commons

Author: Lucy Finchett-Maddock

Publisher: Routledge

Published: 2016-03-17

Total Pages: 287

ISBN-13: 1136004726

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Protest, Property and the Commons focuses on the alternative property narratives of ‘social centres’, or political squats, and how the spaces and their communities create their own – resistant – form of law. Drawing on critical legal theory, legal pluralism, legal geography, poststructuralism and new materialism, the book considers how protest movements both use state law and create new, more informal, legalities in order to forge a practice of resistance. Invaluable for anyone working within the area of informal property in land, commons, protest and adverse possession, this book offers a ground-breaking account of the integral role of time, space and performance in the instituting processes of law and resistance.

Protesting Power
Protesting Power

Author: Francis Anthony Boyle

Publisher: Rowman & Littlefield

Published: 2008

Total Pages: 246

ISBN-13: 9780742538924

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In this indispensable book, distinguished activist lawyer Francis A. Boyle sounds an impassioned clarion call to citizen action against Bush administration policies, both domestic and international. Especially since the Reagan Administration, hundreds of thousands of Americans have used non-violent civil resistance to protest against elements of U.S. policy that violate basic principles of international law, the United States Constitution, and human rights. Such citizen protests have led to an unprecedented number of arrests and prosecutions by federal, state, and local governments around the country. Boyle, who has spent his career advising and defending civil resisters, explores how international law can be used to question the legality of specific U.S. government foreign and domestic policies. He focuses especially on the aftermath of 9/11 and the implications of the war on Afghanistan, the war on terrorism, the war on Iraq, the doctrine of preventive warfare, and the domestic abridgement of civil rights. Written for concerned citizens, activists, NGOs, civil resisters, their supporters, and their lawyers, Protesting Power provides the best legal and constitutional arguments to support and defend civil resistance activities. Including a number of compelling excerpts from his own trial appearances as an expert witness and as counsel, the author offers inspirational and practical advice for protesters who find themselves in court. This invaluable book stands alone as the only guide available on how to use international law, constitutional law, and the laws of war to defend peaceful non-violent protesters against governmental policies that are illegal and criminal.

Slave Law and the Politics of Resistance in the Early Atlantic World
Slave Law and the Politics of Resistance in the Early Atlantic World

Author: Edward B. Rugemer

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 401

ISBN-13: 0674982991

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Winner of the Jerry H. Bentley Book Prize, World History Association The success of the English colony of Barbados in the seventeenth century, with its lucrative sugar plantations and enslaved African labor, spawned the slave societies of Jamaica in the western Caribbean and South Carolina on the American mainland. These became the most prosperous slave economies in the Anglo-American Atlantic, despite the rise of enlightened ideas of liberty and human dignity. Slave Law and the Politics of Resistance in the Early Atlantic World reveals the political dynamic between slave resistance and slaveholders’ power that marked the evolution of these societies. Edward Rugemer shows how this struggle led to the abolition of slavery through a law of British Parliament in one case and through violent civil war in the other. In both Jamaica and South Carolina, a draconian system of laws and enforcement allowed slave masters to maintain control over the people they enslaved, despite resistance and recurrent slave revolts. Brutal punishments, patrols, imprisonment, and state-sponsored slave catchers formed an almost impenetrable net of power. Yet slave resistance persisted, aided and abetted by rising abolitionist sentiment and activity in the Anglo-American world. In South Carolina, slaveholders exploited newly formed levers of federal power to deflect calls for abolition and to expand slavery in the young republic. In Jamaica, by contrast, whites fought a losing political battle against Caribbean rebels and British abolitionists who acted through Parliament. Rugemer’s comparative history spanning two hundred years of slave law and political resistance illuminates the evolution and ultimate collapse of slave societies in the Atlantic World.