Memory and Rightlessness
Author: Upendra Baxi
Publisher:
Published: 2003
Total Pages: 56
ISBN-13:
DOWNLOAD EBOOK →With reference to India.
Lanterna Rally
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Rightlessness
Author: A. Naomi Paik
Publisher: UNC Press Books
Published: 2016-01-08
Total Pages: 332
ISBN-13: 1469626322
DOWNLOAD EBOOK →In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Ways of Remembering
Author: Oishik Sircar
Publisher: Cambridge University Press
Published: 2024-05-31
Total Pages: 362
ISBN-13: 1316512819
DOWNLOAD EBOOK →Investigation into how a shared narrative of law and cinema produces ways of collectively remembering mass violence in postcolonial India.
Third World Approaches to International Law
Author: Usha Natarajan
Publisher: Routledge
Published: 2019-07-23
Total Pages: 450
ISBN-13: 1351704974
DOWNLOAD EBOOK →This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15 scholars working in the TWAIL (Third World Approaches to International Law) network or tradition. It includes chapters from some of the pioneering Third World jurists who have led this field since the time of decolonization, as well as prominent emerging scholars in the field. Broadly, the TWAIL orientation understands praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation. The rich diversity of contributions in the book engage these themes and questions through the various prisms of international institutional engagement, world trade and investment law, critical comparative law, Palestine solidarity and decolonization, judicial education, revolutionary struggle against imperial sovereignty, Muslim Marxism, Third World intellectual traditions, Global South constitutionalism, and migration. This book was originally published as a special issue of Third World Quarterly.
General Jurisprudence
Author: William Twining
Publisher: Cambridge University Press
Published: 2009-02-12
Total Pages: 519
ISBN-13: 113947538X
DOWNLOAD EBOOK →This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.
Human Rights from a Third World Perspective
Author: José-Manuel Barreto
Publisher: Cambridge Scholars Publishing
Published: 2014-08-26
Total Pages: 460
ISBN-13: 1443866458
DOWNLOAD EBOOK →Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.
Human Rights, Southern Voices
Author: William Twining
Publisher: Cambridge University Press
Published: 2009-09-24
Total Pages: 249
ISBN-13: 0521113210
DOWNLOAD EBOOK →This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.
Human Rights, Southern Voices
The Right to Have Rights
Author: Stephanie DeGooyer
Publisher: Verso Books
Published: 2018-02-13
Total Pages: 136
ISBN-13: 1784787523
DOWNLOAD EBOOK →Sixty years ago, the political theorist Hannah Arendt, an exiled Jew deprived of her German citizenship, observed that before people can enjoy any of the "inalienable" Rights of Man-before there can be any specific rights to education, work, voting, and so on-there must first be such a thing as "the right to have rights". The concept received little attention at the time, but in our age of mass deportations, Muslim bans, refugee crises, and extra-state war, the phrase has become the centre of a crucial and lively debate. Here five leading thinkers from varied disciplines-including history, law, politics, and literary studies-discuss the critical basis of rights and the meaning of radical democratic politics today.
Violent Modernities
Author: Oishik Sircar
Publisher: Oxford University Press
Published: 2021-06-25
Total Pages: 419
ISBN-13: 019099214X
DOWNLOAD EBOOK →It is believed that law and violence generally share an antithetical relationship in liberal democracies. Lawlessness is understood to produce violence, and law is invoked and deployed as a means to resist and undo that. Violent Modernities attempts to establish that this relationship is not one of animosity, but of a deep, counterintuitive intimacy and is at the base of what makes India a modern nation-state. Delving into the patterns of law and violence through the cultural imaginaries of justice, marked by the combined rise of neoliberalism and Hindutva—the book argues that legal imagination in India does not only emanate from courtrooms, legislations and judgments, but is also lived in the practices of ordinary disobediences and everyday failures. The author suggests that it is only when law can be re-imagined as such, that the violence at the foundations of state law can be unsettled.
