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Postcolonial Justice addresses a major issue in current postcolonial theory and beyond, namely, the question of how to reconcile an ethics grounded in the reciprocal acknowledgment of diversity and difference with the normative, if not universal thrust that appears to energize any notion of justice. The concept of postcolonial justice shared by the essays in this volume carries an unwavering commitment to difference within and beyond Europe, while equally rejecting radical cultural essentialisms, which refuse to engage in “utopian ideals” of convivial exchange across a plurality of subject positions. Such utopian ideals can no longer claim universal validity, as in the tradition of the European enlightenment; instead they are bound to local frames of speaking from which they project world.
Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country's legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law 'deficit' may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.
The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.
This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.
Drawing on contemporary issues ranging from globalization and neoliberalism to the environment, this essential textbook - ideal for course use - encourages readers to question the limits of the law in its present state in order to develop fairer systems at the local, national, and global levels.
This book approaches political demands for reconciliation from the perspective of postcolonial literary criticism and theory, demonstrating that reading can have potentially radical social and political effects.--From book jacket.
Postcolonial Green brings together scholarship bridging ecocriticism and postcolonialism. Since its inception, ecocriticism has been accused of being inattentive to the complexities that colonialism poses for ideas of nature and environmentalism. Postcolonial discourse, on the other hand, has been so immersed in theoretical questions of nationalism and identity that it has been seen as ignoring environmental or ecological concerns. This collection demonstrates that ecocriticism and postcolonialism must be understood as parallel projects if not facets of the very same project--a struggle for global justice and sustainability. The essays in this collection span the globe, and cover such issues as international environmental policy, land and water rights, food production, poverty, women's rights, indigenous activism, and ecotourism. They consider all manner of texts, from oral tradition to literary fiction to web discourse. Contributors bring postcolonial theory to literary traditions, such as that of the United States, not typically seen in this light, and, conversely, bring ecocriticism to literary traditions, such as those of India and China, that have seen little ecological analysis. Postcolonial Green boasts a global geographical breadth, diversity of critical approach, and increasing relevance to the issues we face on a world stage. Contributors Neel Ahuja, University of North Carolina, Chapel Hill * Pavel Cenkl, Sterling College * Sharae Deckard, University College Dublin * Ursula K. Heise, Stanford University * Jonathan Highfield, Rhode Island School of Design * Alex Hunt, West Texas A&M University * Upamanyu Pablo Mukherjee, Warwick University * Patrick D. Murphy, University of Central Florida * Bonnie Roos, West Texas A&M University * Caskey Russell, University of Wyoming * Rachel Stein, Siena College * Sabine Wilke, University of Washington * Laura Wright, Western Carolina University * Sheng-yen Yu, National Taipei University of Technology * Gang Yue, University of North Carolina, Chapel Hill/Xiamen University
This book examines the multiple scales at which the inequities of climate change are borne out. Shangrila Joshi engages in a multi-scalar analysis of the myriad ways in which various resource commons – predominantly atmosphere and forests – are implicated in climate governance, with a consistent emphasis throughout on the justice implications for disenfranchised communities. The book starts with an analysis of North-South inequities in responsibility, vulnerability, and capability, as evidenced in global climate treaty negotiations from Rio to Paris. It then moves on to examine the ways in which structural inequalities are built into the conceptualization and operationalization of various neoliberal climate solutions such as Reducing Emissions from Deforestation and Forest Degradation (REDD+) and the Clean Development Mechanism (CDM). Drawing on qualitative interviews conducted in Delhi, Kathmandu, and the Terai region of Nepal, participant observation at the Climate Conference in Copenhagen (COP-15), and textual analysis of official documents, the book articulates a geography of climate justice, considering how ideas of injustice pertaining to colonialism, race, Indigeneity, caste, gender, and global inequality intersect with the politics of scale. This book will be of great interest to students and scholars of environmental justice, climate justice, climate policy, political ecology, and South Asian studies.
Do norms of justice, human rights and democracy enable disenfranchised communities? Or do they simply reinforce relations of domination between those who are constituted as dispensers of justice, rights and aid, and those who are coded as receivers? Critical race theorists, feminists and queer and postcolonial theorists confront these questions and offer critical perspectives.
From the bestselling author of Bad Medicine and its sequel Bad Judgment comes a wide-ranging, magisterial summation of the years-long intellectual and personal journey of an Alberta jurist who went against the grain and actually learned about Canada's indigenous people in order to become a public servant."Probably my greatest claim to fame is that I changed my mind," writes John Reilly in this broadly cogent interrogation of the Canadian justice system. Building on his previous two books, Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments. He marshalls extensive evidence, including an historic 19th-century US case that was ultimately decided according to Sioux tribal custom, not US federal law.And then he just comes out and says it: "My proposition is that the dominant Canadian society should scrap its criminal justice system and replace it with the gentler, and more effective, process used by the indigenous people."Punishment; deterrence; due process; the socially corrosive influence of anger, hatred and revenge; sexual offences; the expensive futility of "wars on drugs"; the radical power of forgiveness--all of that and more gets examined here. And not in a bloodlessly abstract, theoretical way, but with all the colour and anecdotal savour that could only come from an author who spent years watching it all so intently from the bench.