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Elizabeth Thornberry is a doctoral candidate in African history at Stanford University. --Book Jacket.
Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex. Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination. African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.
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.
Provides the latest insights into, and interpretations of, the history of Africa
Focusing on colonial Kenya, this book shows how conflicts between state authorities and Africans over witchcraft-related crimes provided an important space in which the meanings of justice, law and order in the empire were debated. Katherine Luongo discusses the emergence of imperial networks of knowledge about witchcraft. She then demonstrates how colonial concerns about witchcraft produced an elaborate body of jurisprudence about capital crimes. The book analyzes the legal wrangling that produced the Witchcraft Ordinances in the 1910s, the birth of an anthro-administrative complex surrounding witchcraft in the 1920s, the hotly contested Wakamba Witch Trials of the 1930s, the explosive growth of legal opinion on witch-murder in the 1940s, and the unprecedented state-sponsored cleansings of witches and Mau Mau adherents during the 1950s. A work of anthropological history, this book develops an ethnography of Kamba witchcraft or uoi.
The Art of Emergency charts the maneuvers of art through conflict zones across the African continent. Advancing diverse models for artistic and humanitarian alliance, the volume urges conscientious deliberation on the role of aesthetics in crisis through intellectual engagement, artistic innovation, and administrative policy. Across Africa, artists increasingly turn to NGO sponsorship in pursuit of greater influence and funding, while simultaneously NGOs-both international and local-commission arts projects to buttress their interventions and achieve greater reach and marketability. The key values of artistic expression thus become "healing" and "sensitization," measured in turn by "impact" and "effectiveness." Such rubrics obscure the aesthetic complexities of the artworks and the power dynamics that inform their production. Clashes arise as foreign NGOs import foreign aesthetic models and preconceptions about their efficacy, alongside foreign interpretations of politics, medicine, psychology, trauma, memorialization, and so on. Meanwhile, each community embraces its own aesthetic precedents, often at odds with the intentions of humanitarian agencies. The arts are a sphere in which different worldviews enter into conflict and conversation. To tackle the consequences of aid agency arts deployment, volume editors Samuel Mark Anderson and Chérie Rivers Ndaliko assemble ten case studies from across the African continent employing multiple media including music, sculpture, photography, drama, storytelling, ritual, and protest marches. Organized under three widespread yet under-analyzed objectives for arts in emergency-demonstration, distribution, and remediation-each case offers a different disciplinary and methodological perspective on a common complication in NGO-sponsored creativity. By shifting the discourse on arts activism away from fixations on message and toward diverse investigations of aesthetics and power negotiations, The Art of Emergency brings into focus the conscious and unconscious configurations of humanitarian activism, the social lives it attempts to engage, and the often-fraught interactions between the two.
Based on a previously unexamined body of qadi court records as well as two hundred oral interviews in Wolof and Mandinka, Contours of Change: Muslim Courts, Women, and Islamic Society in Colonial Bathurst, the Gambia, 1905–1965, offers a new perspective on the impact of British rule in West Africa. It focuses on the formation of present-day Banjul and the role of law, religion, and gender relations. Specifically, this volume explores how colonization affected the evolution of women’s understanding of the importance of law in securing their rights, and how urban women used the new qadi court system to fight for greater rights in the domestic sphere. The fascinating cases discussed in the text show that male Muslim judges often were sympathetic to women’s claims, and that, as a result, the qadi court created opportunities for women to acquire property rights and negotiate patriarchal relationships. Contours of Change sheds light on African subjectivities and the broader social, economic, and political changes taking place in colonial Gambian society during the first half of the twentieth century. This text breaks new ground in Senegambian history and makes a significant contribution to British colonial studies, African legal studies, Islam in Africa studies, and women’s history studies.
What might gender justice look like in matrilineal Malawi? Ideas about gender and human rights have exerted considerable influence over African policy makers and civil society organisations in recent years, and Malawi is no exception. There, concerted efforts at civic education have made the concepts of human and women's rights widely accessible to the rural poor, albeit in modified form. In this book, Jessica Johnson listens to the voices of ordinary Malawian citizens as they strive to resolve disputes and achieve successful gender and marital relations. Through nuanced ethnographic description of aspirations for gender and marital relationships; extended analysis of dispute resolution processes; and an examination of the ways in which the approaches of chiefs, police officers and magistrates intersect, this study puts relationships between law, custom, rights, and justice under the spotlight.