The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians and others. Although much has been written about the status of non-Muslims in the ...Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of 'Umar, which was formalized under the early 'Abbasids, in the first half of the ninth century. The study reveals that the conquered peoples themselves played a major role in the creation of these policies and that they were based on long-standing traditions, customs and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia.
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 Identitiesshows 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.
Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks ...shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves.
Seeking refuge Garcia, Maria Cristina; Garcia, Maria Cristina
2006., 20060204, 2006, 2006-03-06
eBook
The political upheaval in Nicaragua, El Salvador, and Guatemala had a devastating human toll at the end of the twentieth century. A quarter of a million people died during the period 1974-1996. Many ...of those who survived the wars chose temporary refuge in neighboring countries such as Honduras and Costa Rica. Others traveled far north, to Mexico, the United States, and Canada in search of safety. Over two million of those who fled Central America during this period settled in these three countries.
Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and ...migrant rights advocates demand more equal rights for migrant workers.The Price of Rightsshows why you cannot always have both.
Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries.
The Price of Rightsanalyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.
Despite what major media sources say, violence against Native women is not anepidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by ...oppression and colonial violence. This book, like all of Sarah Deer's work, is aimed at engaging the problem head-on-and ending it.
The Beginning and End of Rapecollects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations-a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women.
Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.
Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the ...United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces - often unwittingly - for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.
All across America, angry fathers are demanding rights. These men claim that since the breakdown of their own families, they have been deprived of access to their children. Joining together to form ...fathers' rights groups, the mostly white, middle-class men meet in small venues to speak their minds about the state of the American family and, more specifically, to talk about the problems they personally face, for which they blame current child support and child custody policies. Dissatisfied with these systems, fathers' rights groups advocate on behalf of legal reforms that will lower their child support payments and help them obtain automatic joint custody of their children.
InDefiant Dads, Jocelyn Elise Crowley offers a balanced examination of these groups in order to understand why they object to the current child support and child custody systems; what their political agenda, if enacted, would mean for their members' children or children's mothers; and how well they deal with their members' interpersonal issues concerning their ex-partners and their role as parents. Based on interviews with more than 150 fathers' rights group leaders and members, as well as close observation of group meetings and analysis of their rhetoric and advocacy literature, this important book is the first extensive, in-depth account of the emergence of fathers' rights groups in the United States. A nuanced and timely look at an emerging social movement,Defiant Dadsis a revealing investigation into the changing dynamics of both the American family and gender relations in American society.
Access to Asylum Gammeltoft-Hansen, Thomas
03/2011, Letnik:
v.Series Number 77
eBook, Book
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced ...to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
