Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law’s place. Primarily set in the postcolonial context of Australia – although ranging beyond this nationalised topography, both spatially and temporally – this book argues movement is fundamental to the very terms of common law’s existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence.
Author: Chris Butler
Publisher: Taylor & Francis
Release Date: 2017-02-10
This collection is inspired by the transdisciplinary possibilities posed by the connections between space and justice. Drawing on a variety of theoretical influences that include Henri Lefebvre, Gilles Deleuze and Felix Guattari, Doreen Massey, Gillian Rose, Walter Benjamin, Elias Canetti, Antonio Negri and Yan Thomas, the contributors to this book conduct a series of jurisprudential, aesthetic and political inquiries into ‘just’ modes of occupying space, and the ways in which space comes under the signs of law and justice. Bringing together leading critical legal scholars with theorists and practitioners from other disciplines within the humanities, Spaces of Justice investigates unexplored associations between law and architectural theory, the visual arts, geography and cultural studies. The book contributes to the ongoing destabilisation of the boundaries between law and the broader humanities and will be of considerable interest to scholars and students with an interest in the normative dimensions of law’s ‘spatial turn’.
Author: Daniel Matthews
Release Date: 2018-06-27
Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
Author: Andreas Philippopoulos-Mihalopoulos
Release Date: 2018-08-06
This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: • Spatiotemporal • Sense • Body • Text • Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity.
Author: Andreas Philippopoulos-Mihalopoulos
Release Date: 2014-10-30
There can be no justice that is not spatial. Against a recent tendency to despatialise law, matter, bodies and even space itself, this book insists on spatialising them, arguing that there can be neither law nor justice that are not articulated through and in space. Spatial Justice presents a new theory and a radical application of the material connection between space – in the geographical as well as sociological and philosophical sense – and the law – in the broadest sense that includes written and oral law, but also embodied social and political norms. More specifically, it argues that spatial justice is the struggle of various bodies – human, natural, non-organic, technological – to occupy a certain space at a certain time. Seen in this way, spatial justice is the most radical offspring of the spatial turn, since, as this book demonstrates, spatial justice can be found in the core of most contemporary legal and political issues – issues such as geopolitical conflicts, environmental issues, animality, colonisation, droning, the cyberspace and so on. In order to ague this, the book employs the lawscape, as the tautology between law and space, and the concept of atmosphere in its geological, political, aesthetic, legal and biological dimension. Written by a leading theorist in the area, Spatial Justice: Body, Lawscape, Atmosphere forges a new interdisciplinary understanding of space and law, while offering a fresh approach to current geopolitical, spatiolegal and ecological issues.
Author: Christian Borch
Release Date: 2015-04-10
This book rethinks the city by examining its various forms of collectivity – their atmospheres, modes of exclusion and self-organization, as well as how they are governed – on the basis of a critical discussion of the notion of urban commons. The idea of the commons has received surprisingly little attention in urban theory, although the city may well be conceived as a shared resource. Urban Commons: Rethinking the City offers an attempt to reconsider what a city might be by studying how the notion of the commons opens up new understandings of urban collectivities, addressing a range of questions about urban diversity, urban governance, urban belonging, urban sexuality, urban subcultures, and urban poverty; but also by discussing in more methodological terms how one might study the urban commons. In these respects, the rethinking of the city undertaken in this book has a critical dimension, as the notion of the commons delivers new insights about how collective urban life is formed and governed.
Author: James Q. Whitman
Publisher: Princeton University Press
Release Date: 2017-02-14
How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
Author: Ron Levy
Publisher: ANU Press
Release Date: 2017-09-22
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
Release Date: 2005
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Author: Anita Jowitt
Publisher: ANU E Press
Release Date: 2010-11-01
Genre: Political Science
Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
FULL-COLOR EDITION QUOTES FROM THOSE WHO KNOW: THE OPENING OF THE FIRST BIODOME GARDEN IN OTTAWA - AUGUST 27, 2014 "On August 17, 2014 the Brewer Park Community Garden (BPCG), situated across from Brewer Arena, celebrated the grand opening of Ottawa's first Biodome Garden project. To commemorate the day, the Park hosted a ribbon cutting ceremony along with an afternoon of events, including a barbecue and tours of the Biodome and gardens... When asked about the inspiration for the Biodome Garden, Oster credited the ever-enduring spirit of his co-project leader, Guy Souliere and the pages of Patricia Watters' book, The Biodome Garden Book..." "The completion of the Biodome Garden marks an historic moment for Ottawa. The project is the first structure of its kind in Eastern Canada, making it an exciting achievement that sets a high standard and precedence for future similar structures to be built in the Region." "It is the hope of the Brewer Park Community Garden that this innovative project will be replicated many times in several different forms across the City and Ottawa Region. Its replication could shape the beginning of a much more healthy and sustainable food culture across Ottawa." --SPACING MAGAZINE "Even before the advent of biodomes, experimentation had already begun with domed enclosures that could sustain year-round gardens. At the forefront was Patricia Watters, author of the “The Biodome Garden Book,” the premier book on passive-solar biodome greenhouse gardening. (WHOLE LIFE TIMES MAGAZINE) “May as well start off with the most comprehensive food production system that I have ever come across. A wonderful lady named Patricia Watters has written a book on how to construct a system that not only produces produce, but also fish, (a great protein source) in an environment that does not require sprays or the traditional heating and electrical expenses associated with green house systems." (GEOFF LAWTON - PERMACULTURE INNOVATOR) FOR PHOTOS AND INFORMATION ABOUT THE BIODOME GARDEN PLEASE GO TO: www.biodomegarden.com
Author: Sarah Marusek
Release Date: 2017-12-05
Genre: Public spaces
In the routine spectrum of our lives, we inhabit the public sphere. Whether in the street, the shopping center, or on the bus, we engage with the empowered, the disempowered, the omitted, and the powerful. Within the public sphere, the notion of public involves a complexity of approaches to aspects of everyday practices of power, performance, and place. Through these approaches, that which is public can be visualized, experienced, and contested in the construction, ceremony, and design of buildings, institutions, and daily activities. In a variety of ways, the conceptualization and contextualization of the public contributes to identity formations, narratives of community, and manifestations of the political that materially and discursively transpire within the public sphere in the perceptions of inequality, metaphors for knowledge, and critiques of consciousness. For this volume focused on interpretive methods and methodologies that address the concept of public, we present a lively engagement with methodological insight into the political digestion of the public sphere. We delve into models of and approaches to conducting research, the analysis of findings, and the reaffirmation of enhanced techniques of related inquiry in public spaces. We seek to explore the following questions: What is the public? How do we visualize/understand/experience the public? What are the ways in which these insights connect to articulations of citizenship and democracy? How is the public implicated in the political? The chapters originally published as a special issue in Space and Polity.
Author: Elisabeth Lasch-Quinn
Publisher: UNC Press Books
Release Date: 2017-11
Professing a policy of cultural and social integration, the American settlement house movement made early progress in helping immigrants adjust to life in American cities. However, when African Americans migrating from the rural South in the early twentieth century began to replace white immigrants in settlement environs, most houses failed to redirect their efforts toward their new neighbors. Nationally, the movement did not take a concerted stand on the issue of race until after World War II. In Black Neighbors, Elisabeth Lasch-Quinn analyzes this reluctance of the mainstream settlement house movement to extend its programs to African American communities, which, she argues, were assisted instead by a variety of alternative organizations. Lasch-Quinn recasts the traditional definitions, periods, and regional divisions of settlement work and uncovers a vast settlement movement among African Americans. By placing community work conducted by the YWCA, black women's clubs, religious missions, southern industrial schools, and other organizations within the settlement tradition, she highlights their significance as well as the mainstream movement's failure to recognize the enormous potential in alliances with these groups. Her analysis fundamentally revises our understanding of the role that race has played in American social reform.
Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.