Download Free Cooperation Without Submission Book in PDF and EPUB Free Download. You can read online Cooperation Without Submission and write the review.

"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
This volume of Studies in Law, Politics and Society examines the contribution of ethnography to our understanding of contemporary legal and political phenomena, with a particular focus on how it enables us to make sense of modern life under conditions of post-colonialism and globalization.
Based on long-term ethnographic fieldwork at the Caribbean Court of Justice, A Region among States explores the possibility of constituting a region on a geopolitical and ideological terrain dominated by the nation-state. How is it that a great swath of the independent, English-speaking Caribbean continues to accept the judicial oversight of their former colonizer via the British institution of the Privy Council? And what possibilities might the CCJ--a judicial institution responsive to the region, not any single nation--offer for untangling sovereignty and regionhood, law and modernity, and postcolonial Caribbean identity? Joining the CCJ as an intern, Lee Cabatingan studied the work of the Court up close: she attended each court hearing and numerous staff meetings, served on committees, assisted with the organization of conferences, and helped to prepare speeches and presentations for the judges. She now offers insight into not only how the Court positions itself vis-à-vis the Caribbean region and the world, but also whether the Court--and, perhaps, the region itself as an overarching construct--might ever achieve a real measure of popular success. In their quest for an accepting, eager constituency, the Court is undertaking a project of extra-judicial region-building that borrows from the toolbox of the nation-state. In each chapter, Cabatingan takes us into an analytical dimension familiar from studies of nation and state-building--myth, territory, people, language, and brand--to help us understand not only the Court and its ambitions, but also the regionalist project, beset as it is with false starts and disappointments, as a potential alternative to the sovereign state.
Law in Light is a groundbreaking book on the resurgence and transformation of Akan path spiritual communities in the United States and Ghana. Drawing on extensive collaborative ethnographic research, the book offers powerful portraits of priestesses, priests, and others on their spiritual journeys, in their ancestral reconnections, and in their everyday lives. The book spotlights a queen mother, shrine elders, priests, and priestesses of a prominent shrine house in Maryland, as well as leaders at a legendary Asuo Gyebi source shrine in Ghana. In exploring worlds of healing, empowerment, and justice, Lauren Coyle Rosen argues for the importance of two novel theoretical concepts, which she calls copresent jurisdictions and constellations of subjectivity. The book urges a broader retheorization of alternative spiritual orders within contemporary theopolitical, cosmopolitical, and postjuristocratic debates.