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Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.
Anthropologists widely agree that identities--even ethnic and racial ones--are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve as the impetus for the transformation of cultural practices and collective identity. Through ethnographic, historical, and legal analysis of successful claims to land by two neighboring black communities in the backlands of northeastern Brazil, Jan Hoffman French demonstrates how these two communities have come to distinguish themselves from each other while revising and retelling their histories and present-day stories. French argues that the invocation of laws by these related communities led to the emergence of two different identities: one indigenous (Xoco Indian) and the other quilombo (descendants of a fugitive African slave community). With the help of the Catholic Church, government officials, lawyers, anthropologists, and activists, each community won government recognition and land rights, and displaced elite landowners. This was accomplished even though anthropologists called upon to assess the validity of their claims recognized that their identities were "constructed." The positive outcome of their claims demonstrates that authenticity is not a prerequisite for identity. French draws from this insight a more sweeping conclusion that, far from being evidence of inauthenticity, processes of construction form the basis of all identities and may have important consequences for social justice.
Anthropologists widely agree that identities_even ethnic and racial ones_are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve
Frontiers of Citizenship is an engagingly-written, innovative history of Brazil's black and indigenous people that redefines our understanding of slavery, citizenship, and the origins of Brazil's 'racial democracy'. Through groundbreaking archival research that brings the stories of slaves, Indians, and settlers to life, Yuko Miki challenges the widespread idea that Brazilian Indians 'disappeared' during the colonial era, paving the way for the birth of Latin America's largest black nation. Focusing on the postcolonial settlement of the Atlantic frontier and Rio de Janeiro, Miki argues that the exclusion and inequality of indigenous and African-descended people became embedded in the very construction of Brazil's remarkably inclusive nationhood. She demonstrates that to understand the full scope of central themes in Latin American history - race and national identity, unequal citizenship, popular politics, and slavery and abolition - one must engage the histories of both the African diaspora and the indigenous Americas.
A practical guide to help authors authentically write and edit a character whose identity is different than their own. Do you have the tools to authentically write and edit a character whose identity is different than your own? It’s not a subject that’s generally taught in creative writing programs, and there are so few craft books and online resources on the subject. Even if you can take a seminar, class, or workshop, there’s nothing like having an easy-to-understand book on hand to provide guidance and insight every time you craft characters with historically marginalized identities. In Writing an Identity Not Your Own, award-winning author Alex Temblador discusses one of the most contentious topics in creative writing: crafting a character whose identity is historically marginalized. What is “identity,” and how do unconscious biases and bias blocks impact and influence what we write? What is intersectionality? You’ll learn about identity terms, stereotypes, and tropes, and receive genre-specific advice related to various identities to consider when writing different races and ethnicities, sexual and romantic orientations, gender identities, disabilities, nationalities, and more. Through writing strategies, exercises, and literary excerpts, writers will gain a clearer understanding on how misrepresentations and harmful portrayals can appear in storylines, dialogue, and characterization. Alex will guide writers from the brainstorming phase through the editing process so they can gain a full understanding of the complexities of writing other identities and why it’s important to get them right.
This book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.
Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present.
In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.
Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.
This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.