Asian Legal Revivals

Asian Legal Revivals PDF

Author: Yves Dezalay

Publisher: University of Chicago Press

Published: 2010-11-15

Total Pages: 304

ISBN-13: 0226144666

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More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

Cultural Encounters and Emergent Practices in Conflict Resolution Capacity-Building

Cultural Encounters and Emergent Practices in Conflict Resolution Capacity-Building PDF

Author: Tamra Pearson d'Estrée

Publisher: Springer

Published: 2018-05-31

Total Pages: 455

ISBN-13: 3319711024

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“Undoubtedly the most comprehensive analysis of the role of culture and emergent practices in capacity building currently at hand. d’Estrée and Parsons have produced a commendable amalgamation and scrutiny of local, cultural, and Indigenous mediation practices in a number of contexts that empower local people while interacting and integrating with Western mediation models in a blend of hybridity. The book is beautifully structured and will attract a wide readership including graduate and undergraduate students.” —Sean Byrne, Director, Arthur V. Mauro Centre for Peace & Justice, and Professor, Peace & Conflict Studies, University of Manitoba, Canada “Since late 1990s conflict resolution field has recognized the need to integrate culture in its processes. This book goes beyond such theoretical recognition and provides empirical evidence and solid concrete cases on how local actors from a wide range of cultural contexts integrated their cultural analysis and tools in their own sustainable conflict resolution processes. It also offers an effective set of guidelines and lessons learned for policy makers and peacebuilding practitioners on the need to deepen their reliance on local cultural practices of peace.” —Mohammed Abu-Nimer, Professor of International Peace and Conflict Resolution, School of International Service, American University, and Founder and Director of the Salam: Peacebuilding and Justice Institute in Washington, DC, USA “The evolving identities of communities impacted by deep historical divisions and population migration, in the context of life threatening resource shortages, present opportunities and challenges for conflict transformation professionals at every level. d'Estrée and Parsons respond to this challenge with a remarkable collection of stories from around the world that amplify the innovation in the field while capturing its history and complexity. It serves as the bridge between mediation and peacebuilding that is so necessary today.” —Prabha Sankaranarayan, CEO, Mediators Beyond Borders International “In this excellent book, Tamra Pearson d’Estrée and Ruth Parsons (and their impressive collection of case study authors) have analysed four generations of conflict resolution/transformation theory and practice. They highlight the diverse ways in which the burgeoning field of conflict resolution theorists and practitioners mirrored the ascendance and now decline of the neo-liberal western project. First and second generation efforts were based on notions of possessive individualism, rational choice theory and a general acceptance of the status quo. Culture was ignored or eliminated as were deeper questions of political and social inequality. But more importantly, there was an unwillingness to consider the power and the wisdom that resided in locality. Third and fourth generation conflict transformers, on the other hand, have engaged these deeper questions and focused more attention on emancipatory creative partnerships, social and economic justice, co-learning and hybridised models flowing from external engagement with local wisdom. This is a book that needs to be read by anyone interested in the transformative power of conflict resolution and long term social and political change.” —Kevin P Clements, Professor, Chair and Foundation Director, The National Centre for Peace and Conflict Studies, University of Otago, New Zealand While waves of scholarship have focused either on the value of presumed universal models or of traditional practices of conflict resolution, curiously missing has been the recognition and analysis of the actual intermingling and interacting of western and local cultural practices that have produced new and emergent practices in our global community. In this compilation of case studies, the authors describe partnerships forged between local practice expertise and bearers of “western/institutional” models to build innovative approaches to mediation and conflict resolution. Including stories of these experiences and the resulting hybrid models that emerged, the book explores central questions of cultural variation and integration, such as the perception of purpose and function of resolution processes, attitudes toward conflict, arenas and timeframes, third party roles, barriers to process use, as well as how to remain true to culture and context. It also examines partnership dynamics and lessons learned for modern cross-cultural collaboration.

Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia PDF

Author: Mitra Sharafi

Publisher: Cambridge University Press

Published: 2014-04-21

Total Pages: 369

ISBN-13: 1139868063

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This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seem to have done so earlier or in more pronounced ways than the Parsis.