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This book is the first legal geography book to explicitly engage in method. It complements this by also bringing together different perspectives on the emerging school of legal geography. It explores human–environment interactions and showcases distinct environmental legal geography scholarship. Legal Geography: Perspectives and Methods is an innovative book concerned with a new relational and material way of examining our legal-spatial world. With chapters examining natural resource management, Indigenous knowledge and political ecology scholarship, the text introduces legal geography’s modes of analysis and critique. The book explores topics such as Indigenous environmental rights, the impacts of extractive industries, mediation of climate change, food, animal and plant patents, fossil fuels, mining and coastal environments based on empirical, jurisdictional and methodological insights from Australia, New Zealand and the Asia-Pacific to demonstrate how space and place are invoked in legal processes and contestations, and the methods that may be employed to explore these processes and contestations. This book examines the role of legal geographies in the 21st century beyond the simple “law in action”, and it will thus appeal to students of socio-legal studies, human geography, environmental studies, environmental policy, as well as politics and international relations.
This volume explores the relationship between law and geography, especially with respect to taken-for-granted distinctions between the social and the material, the human and non-human, and what constitutes persons and things.
Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.
This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publications. Against this backdrop, the book adopts a legal comparative perspective and assesses ‘normative spatialities’, which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographic features which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective. As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.
The author explains the violent break-up of the former Yugoslavia in the early 1990s in the context of two legal principles - sovereignty and the self-determination of peoples. She also offers an analysis of Kosovo's future status, international recognition of secession, implications for other conflicts, and much more.
Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Spatial, the Legal and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography. Drawing on strands of critical social studies that inform both of these areas, this book has three primary components. First, it introduces a framework of interpretation and analysis centred on the productive neologisms ‘nomosphere’ and ‘nomoscapes’. Nomosphere refers to the cultural-material environs that are constituted by the reciprocal materialization of ‘the legal’ and the legal signification of the ‘socio-spatial'. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Second, these neologisms are explored and applied through a series of illustrations and extensive case studies. Demonstrating their utility for scholars and students in relevant disciplines, these ‘empirical’ studies concern: the public and the private; property and land tenure; governance; the domestic and the international; and legal-spatial confinements and containments. Third, these studies contribute to an ongoing theorization of the experiential, situated pragmatics of ‘world-making'. The role of nomospheric projects and counter-projects, techniques and operations is therefore emphasized. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. The Spatial, the Legal and the Pragmatics of World-Making provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay.
A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
A Legal Geography of Yugoslavia's Disintegration explains the violent break-up of the former Yugoslavia in early 1990s in the context of two legal principles- sovereignty and the self-determination of peoples. The author recounts Yugoslavia's history, with a focus on the country's internal, administrative divisions, and aspirations of different ethnic groups in order to effectively explain the genesis of the international community's political decision to recognize the right of secession for the largest administrative units of Yugoslavia. Trobovich, a Serbian author writing from the perspective of a disengaged scholar, tackles her subject matter with clarity and detail and offers an intriguing analysis of Kosovo's future status; international recognition of secession; implications of Yugoslavia's disintegration for other conflicts invoking right to self-determination; and international intervention in ethnic conflicts.
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.
Explores the political and social consequences of establishing a new legal system in the wake of violent conflict.