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In contrast to Japanese citizens today, villagers in the Tokugawa period (seventeenth through mid-nineteenth centuries) frequently resorted to lawsuits to settle conflicts, leaving a vast but hitherto untapped record of power struggles between villagers and the network of administrators above them. Through colorfully narrated and skillfully analyzed case studies of their lawsuits and petitions, Herman Ooms traces the evolution of class and status conflicts in villages during this feudal era. Inspired by the work of Max Weber and Pierre Bourdieu, the author links detailed village analysis to a broader discussion of societal power fields and juridical domains. Opening with an angry woman's lifelong struggle against village authority, Ooms's study examines how obscure historical actors, local elites, commoners, women, and outcastes manipulated the distinctions of class and status to their own advantage. The case studies offer a penetrating view of legal practice, including the position of women, inheritance customs, and particular forms of village justice. In a significant contribution to the legal history of outcaste populations, Ooms also studies the origins of discrimination against the ancestors of the burakumin population, a group that even now is struggling for equality in Japanese society.
Already highly acclaimed as a seminal analysis of the "New World Order," Professor Falk's Law in an Emerging Global Village clearly establishes a new arena of international law where three distinct historical forces meet and contend: the old Westphalian nation-state model, the global civil society as represented by international human rights conventions, and transnational market forces that pervade nearly every area of life as well as legal practice. Published under the Transnational Publishers imprint.
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Ten years ago one of America's most important public figures, First Lady Hillary Rodham Clinton, chronicled her quest both deeply personal and, in the truest sense, public to help make our society into the kind of village that enables children to become able, caring resilient adults. IT TAKES A VILLAGE is a textbook for caring, filled with truths that are worth a read, and a reread. In her substantial new introduction, Senator Clinton reflects on how our village has changed over the last decade, from the internet to education, and on how her own understanding of children has deepened as she has watched Chelsea grow up and take on challenges new to her generation, from a first job to living through a terrorist attack. She discusses how the work she is doing in the Senate is helping children and looks at where America has been successful, improvements in the foster care system and support for adoption, and where there is still work to be done, providing pre-school programmes and universal health care to all our children. This new edition elucidates how the choices we make about how we raise our children, and how we support families, will determine how all nations will face the challenges of this century.
This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered ‘law’ if we are ever going to fully understand law – both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.
Toronto prides itself on being “the world’s most diverse city,” and its officials seek to support this diversity through programs and policies designed to promote social inclusion. Yet this progressive vision of law often falls short in practice, limited by problems inherent in the political culture itself. In Everyday Law on the Street, Mariana Valverde brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life. Drawing on four years spent participating in council hearings and civic association meetings and shadowing housing inspectors and law enforcement officials as they went about their day-to-day work, Valverde reveals a telling transformation between law on the books and law on the streets. She finds, for example, that some of the democratic governing mechanisms generally applauded—public meetings, for instance—actually create disadvantages for marginalized groups, whose members are less likely to attend or articulate their concerns. As a result, both officials and citizens fail to see problems outside the point of view of their own needs and neighborhood. Taking issue with Jane Jacobs and many others, Valverde ultimately argues that Toronto and other diverse cities must reevaluate their allegiance to strictly local solutions. If urban diversity is to be truly inclusive—of tenants as well as homeowners, and recent immigrants as well as longtime residents—cities must move beyond micro-local planning and embrace a more expansive, citywide approach to planning and regulation.
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.