Grappling with the philosophical and theoretical questions at the heart of human rights, these essays take into consideration current political configurations such as sovereignty, genocide, humanitarian intervention, and the neglected domain of cultural rights (the right to a cultural identity). Drawing on Enlightenment thinking about human rights at the same time that they analyze the central concepts at work there—including the “humanity of man” and the nature of rights or of law—the contributors make a necessary intervention in a world system that Enlightenment thinkers could scarcely have envisioned.
Contributors. Etienne Balibar, Rony Brauman, Wendy Brown, Rebecca Comay, Jacques Derrida, Paul Downes, Werner Hamacher, Thomas Keenan, Susan Maslan, Jacques Rancière, Bruce Robbins, Avital Ronell, Gayatri Chakravorty Spivak, Elsa Stamatopoulou, Slavoj Zizek
More than fifty books debunking the religious claims of The Da Vinci Code have been published. Thisis the first book devoted to the fundamentally more interesting question: if those claims are so unfounded and erroneous, why have they resonated so strongly with millions of intelligent readers and filmgoers?
From the sexual abuse scandal that shook the foundations of the Catholic Church to the 9/11 terrorist attacks that cast a cloud over a troubled nation, Eric Plumer’s The Catholic Church and American Culture: Why the Claims of the DaVinci Code Struck a Chord investigates the contemporary events, ideas, and movements that fostered Dan Brown’s unprecedented dominance of best-seller lists and dinner-table conversation. This ambitious book considers the feminist movement, radical individualism, twelve-step programs, the authority of science and psychology, and other cultural developments that paved the way for The Da Vinci Code craze. It also reflects on the recent publication of the Gnostic Gospels, including the Gospel of Mary Magdalene. Plumer’s engaging book is sure to stimulate further discussion about the role of religion in contemporary life.
After the siege ended at Wounded Knee, the real battle had yet to be fought. The 1973 standoff in South Dakota between Oglala Lakota Indians and federal lawmen led to the criminal prosecution of American Indian Movement leaders Dennis Banks and Russell Means. The ten-month trial had all the earmarks of a political tribunal; with the defense led by William Kunstler and the prosecution backed by the Nixon administration, it became a media battle for public opinion.
This first book-length study of the Wounded Knee trials demonstrates the impact that legal institutions and the media have on political dissent. It also shows how the dissenters as defendants can influence these institutions and the surrounding political and cultural climate. AIM and its attorneys successfully turned the courtroom into a political forum on the history of U.S.-Indian relations but were often frustrated in telling their story by the need to observe legal procedures--and by the media's stereotyping them as Indian warriors or sixties militants. John Sayer draws on court records, news reports, and interviews with participants to show how the defense, and ultimately the prosecution, had to respond continually to legal constraints, media coverage, and political events taking place outside the courtroom.
Although Banks and Means and most of the other protesters were acquitted, Sayer notes that the confinement of AIM protests to the courtroom robbed the movement of considerable momentum. Ghost Dancing the Law shows how legal proceedings can effectively quell dissent and represents both a critical chapter in the struggle of Native Americans and an important milestone at the crossroads of law and politics.
Stephen C. Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day.
Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground.
This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters.
Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.
A valuable contribution to the field of land and agrarian studies, both in South Africa and internationally, it is undoubtedly the most comprehensive treatment to date of South Africa’s postapartheid land claims process and will be essential reading for scholars and students of land reform for years to come.
This autobiographical work was written by one of the country's most well-known Native American women, Sarah Winnemucca. She was a Paiute princess and a major figure in the history of Nevada; her tribe still resides primarily in the state. Life Among the Piutes deals with Winnemucca's life and the plight of the Paiute Indians. Life Among the Piutes is Winnemucca's powerful legacy to both white and Paiute cultures. Following the oral tradition of Native American people, she reaches out to readers with a deeply personal appeal for understanding. She also records historical events from a unique perspective. She managed to record the Native American viewpoint of whites settling the West, told in a language that was not her own and by a woman during the time when even white women were not allowed to vote. Sarah Winnemucca dedicated her life to improving the living and social conditions for her people. She gave more than 400 speeches across the United States and Europe to gain support for the Paiutes. She died of tuberculosis in 1891. Life Among the Piutes was originally published in 1883.
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought?
Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power.
Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.
Ethelia Ruiz Medrano focuses on a series of individual cases, falling within successive historical epochs, that illustrate how the practice of drawing up and preserving historical documents-in particular, maps, oral accounts, and painted manuscripts-has been a determining factor in the history of Mexico's Indian communities for a variety of purposes, including the significant issue of land and its rightful ownership. Since the sixteenth century, numerous Indian pueblos have presented colonial and national courts with historical evidence that defends their landholdings.
Because of its sweeping scope, groundbreaking research, and the author's intimate knowledge of specific communities, Mexico's Indigenous Communities is a unique and exceptional contribution to Mexican history. It will appeal to students and specialists of history, indigenous studies, ethnohistory, and anthropology of Latin America and Mexico
Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all—tribal councils, legislators, water professionals, attorneys—who need a basic understanding of the complexities of the situation.
The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases.
As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.
In Take My Land, Take My Life, Mitchell concludes the story of the 134-year history of the U.S. government's relations with Alaska's Native people begun in Sold American:The Story of Alaska Natives and Their Land, 1867-1959. The culmination of that tale occurred in 1971 when Congress enacted the Alaska Native Claims Settlement Act. ANCSA authorized Alaska Natives to be paid $962.5 million and to be conveyed title to 44 million acres of land. Though highly controversial, ANCSA remains the most generous settlement of aboriginal land claims in the nation's history. Mitchell's insightful, exhaustively researched work also describes the political history during the first decade of Alaska statehood, from the rise of Native organizations such as the Alaska Federation of Natives to the battles for power in the subcommittees of Congress.
Insightful and drawn from years of painstaking research of primary source materials, Sold American and Take My Land, Take My Life are an indispensable resource for readers who are interested in the history of the nation's largest state and of the federal government's involvement with Alaska's indigenous peoples.
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