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This volume investigates how, where and when subjects and citizens come into being, assert themselves and exercise subjecthood or citizenship in the formation of modern India. It argues for the importance of understanding legal practice – how rights are performed in dispute and negotiation – from the parliament and courts to street corners and field sites. The essays in the book explore themes such as land law and rights, court procedure, freedom of speech, sex workers’ mobilisation, refugee status, adivasi people and non-state actors, and bring together studies from across north India, spanning from early colonial to contemporary times. Representing scholarship in history, anthropology and political science that draws on wide-ranging field and archival research, the volume will immensely benefit scholars, students and researchers of development, history, political science, sociology, anthropology, law and public policy.
Offering a corrective to previous views of Spanish-American independence, this book shows how political culture in Peru was dramatically transformed in this period of transition and how the popular classes as well as elites played crucial roles in this process. Honor, underpinning the legitimacy of Spanish rule and a social hierarchy based on race and class during the colonial era, came to be an important source of resistance by ordinary citizens to repressive action by republican authorities fearful of disorder. Claiming the protection of their civil liberties as guaranteed by the constitution, these &"honorable&" citizens cited their hard work and respectable conduct in justification of their rights, in this way contributing to the shaping of republican discourse. Prominent politicians from Arequipa, familiar with these arguments made in courtrooms where they served as jurists, promoted at the national level a form of liberalism that emphasized not only discipline but also individual liberties and praise for the honest working man. But the protection of men's public reputations and their patriarchal authority, the author argues, came at the expense of women, who suffered further oppression from increasing public scrutiny of their sexual behavior through the definition of female virtue as private morality, which also justified their exclusion from politics. The advent of political liberalism was thus not associated with greater freedom, social or political, for women.
Bosnian Muslims, East African Masai, Czech-speaking Austrians, North American indigenous peoples, and Jewish immigrants from across Europe—the nineteenth-century British and Habsburg Empires were characterized by incredible cultural and racial-ethnic diversity. Notwithstanding their many differences, both empires faced similar administrative questions as a result: Who was excluded or admitted? What advantages were granted to which groups? And how could diversity be reconciled with demands for national autonomy and democratic participation? In this pioneering study, Benno Gammerl compares Habsburg and British approaches to governing their diverse populations, analyzing imperial formations to reveal the legal and political conditions that fostered heterogeneity.
The book offers a fresh and timely perspective on the broader field of early postcolonial South Asian history.
This book questions the political logic of foregrounding cultural collectives in a world shaped by globalization and neoliberalization. Throughout the world, it is no longer only individuals, but increasingly collective "cultures" who are made responsible for their own regulation, welfare and enterprise. This appears as a surprising shift from the tenets of classical liberalism which defined the ideal subject of politics as the "unencumbered self"- the free, equal and self-governing individual. The increasing promotion and recognition of cultural rights in international legislation, multiculturalism, and public debates on "culture" as a political problem more generally indicate that culture has become a more central terrain for governance and struggles around rights and citizenship. On the basis of case studies from China, Latin America, and North America, the contributors of this book explore the links between culture, civility, and the politics of citizenship. They argue that official reifications of "culture" in relation to citizenship, and even the recognition of cultural rights, may obey strategies of governance and control, but that citizens may still use new cultural rights and networks, and the legal mechanisms that have been created to protect them, in order to pursue their own agendas of empowerment. This book was originally published as a special issue of Economy and Society.
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Amid the decline of U.S. military campaigns against Native Americans in the late nineteenth century, assimilation policy arose as the new front in the Indian Wars, with its weapons the deployment of culture and law, and its locus the American Indian home and family. In this groundbreaking interdisciplinary work, Piatote tracks the double movement of literature and law in the contest over the aims of settler-national domestication and the defense of tribal-national culture, political rights, and territory.
How the legacy of monarchical empires shaped Britain, France, Spain, and the United States as they became liberal entities Historians view the late eighteenth and early nineteenth centuries as a turning point when imperial monarchies collapsed and modern nations emerged. Treating this pivotal moment as a bridge rather than a break, The Imperial Nation offers a sweeping examination of four of these modern powers—Great Britain, France, Spain, and the United States—and asks how, after the great revolutionary cycle in Europe and America, the history of monarchical empires shaped these new nations. Josep Fradera explores this transition, paying particular attention to the relations between imperial centers and their sovereign territories and the constant and changing distinctions placed between citizens and subjects. Fradera argues that the essential struggle that lasted from the Seven Years’ War to the twentieth century was over the governance of dispersed and varied peoples: each empire tried to ensure domination through subordinate representation or by denying any representation at all. The most common approach echoed Napoleon’s “special laws,” which allowed France to reinstate slavery in its Caribbean possessions. The Spanish and Portuguese constitutions adopted “specialness” in the 1830s; the United States used comparable guidelines to distinguish between states, territories, and Indian reservations; and the British similarly ruled their dominions and colonies. In all these empires, the mix of indigenous peoples, European-origin populations, slaves and indentured workers, immigrants, and unassimilated social groups led to unequal and hierarchical political relations. Fradera considers not only political and constitutional transformations but also their social underpinnings. Presenting a fresh perspective on the ways in which nations descended and evolved from and throughout empires, The Imperial Nation highlights the ramifications of this entangled history for the subjects who lived in its shadows.
This book traces the origins of the "illegal alien" in American law and society, explaining why and how illegal migration became the central problem in U.S. immigration policy—a process that profoundly shaped ideas and practices about citizenship, race, and state authority in the twentieth century. Mae Ngai offers a close reading of the legal regime of restriction that commenced in the 1920s—its statutory architecture, judicial genealogies, administrative enforcement, differential treatment of European and non-European migrants, and long-term effects. She shows that immigration restriction, particularly national-origin and numerical quotas, remapped America both by creating new categories of racial difference and by emphasizing as never before the nation's contiguous land borders and their patrol. Some images inside the book are unavailable due to digital copyright restrictions.