During more than a century of colonial rule over Algeria, the French state shaped and reshaped the meaning and practice of Muslim law by regulating it and circumscribing it to the domain of family ...law, while applying the French Civil Code to appropriate the property of Algerians. In Sex, Law, and Sovereignty in French Algeria, 1830–1930, Judith Surkis traces how colonial authorities constructed Muslim legal difference and used it to deny Algerian Muslims full citizenship. In disconnecting Muslim law from property rights, French officials increasingly attached it to the bodies, beliefs, and personhood. Surkis argues that powerful affective attachments to the intimate life of the family and fantasies about Algerian women and the sexual prerogatives of Muslim men, supposedly codified in the practices of polygamy and child marriage, shaped French theories and regulatory practices of Muslim law in fundamental and lasting ways. Women's legal status in particular came to represent the dense relationship between sex and sovereignty in the colony. This book also highlights the ways in which Algerians interacted with and responded to colonial law. Ultimately, this sweeping legal genealogy of French Algeria elucidates how "the Muslim question" in France became—and remains—a question of sex.
At the intersection of indigenous studies, science studies, and legal studies lies a tense web of political issues of vital concern for the survival of indigenous nations. Numerous historians of ...science have documented the vital role of late-eighteenth- and nineteenth-century science as a part of statecraft, a means of extending empire. This book follows imperialism into the present, demonstrating how pursuit of knowledge of the natural world impacts, and is impacted by, indigenous peoples rather than nation-states. In extractive biocolonialism, the valued genetic resources, and associated agricultural and medicinal knowledge, of indigenous peoples are sought, legally converted into private intellectual property, transformed into commodities, and then placed for sale in genetic marketplaces. Science, Colonialism, and Indigenous Peoples critically examines these developments, demonstrating how contemporary relations between indigenous and Western knowledge systems continue to be shaped by the dynamics of power, the politics of property, and the apologetics of law.
An in-depth look at Qatar's migrant workers and the place of skill in the language of control and power Skill—specifically the distinction between the "skilled" and "unskilled"—is generally defined ...as a measure of ability and training, but Does Skill Make Us Human? shows instead that skill distinctions are used to limit freedom, narrow political rights, and even deny access to imagination and desire. Natasha Iskander takes readers into Qatar's booming construction industry in the lead-up to the 2022 World Cup, and through her unprecedented look at the experiences of migrant workers, she reveals that skill functions as a marker of social difference powerful enough to structure all aspects of social and economic life.Through unique access to construction sites in Doha, in-depth research, and interviews, Iskander explores how migrants are recruited, trained, and used. Despite their acquisition of advanced technical skills, workers are commonly described as unskilled and disparaged as "unproductive, " "poor quality, " or simply "bodies." She demonstrates that skill categories adjudicate personhood, creating hierarchies that shape working conditions, labor recruitment, migration policy, the design of urban spaces, and the reach of global industries. Iskander also discusses how skill distinctions define industry responses to global warming, with employers recruiting migrants from climate-damaged places at lower wages and exposing these workers to Qatar's extreme heat. She considers how the dehumanizing politics of skill might be undone through tactical solidarity and creative practices.With implications for immigrant rights and migrant working conditions throughout the world, Does Skill Make Us Human? examines the factors that justify and amplify inequality.
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration ...has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
No Right to Be Idle Rose, Sarah F
2017, 2017-02-13, 2017-09-21, 2017-04-03
eBook
During the late nineteenth and early twentieth centuries, Americans with all sorts of disabilities came to be labeled as "unproductive citizens." Before that, disabled people had contributed as they ...were able in homes, on farms, and in the wage labor market, reflecting the fact that Americans had long viewed productivity as a spectrum that varied by age, gender, and ability. But as Sarah F. Rose explains in No Right to Be Idle, a perfect storm of public policies, shifting family structures, and economic changes effectively barred workers with disabilities from mainstream workplaces and simultaneously cast disabled people as morally questionable dependents in need of permanent rehabilitation to achieve "self-care" and "self-support." By tracing the experiences of policymakers, employers, reformers, and disabled people caught up in this epochal transition, Rose masterfully integrates disability history and labor history. She shows how people with disabilities lost access to paid work and the status of "worker--a shift that relegated them and their families to poverty and second-class economic and social citizenship. This has vast consequences for debates about disability, work, poverty, and welfare in the century to come.
This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This ...explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The 'core samples' interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues in migration law, and citizenship law. Special attention is paid to the roles played by the European Union and the United States in setting the terms of global engagement. The book's conclusion considers what the rule of law contributes to transformed migration law.
Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, ...property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's ...rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
This edited collection tells the story behind a ground-breaking Welsh law which reinforces the human rights of children and young people in Welsh devolved government, examines the impact of this law ...in selected policy areas and shows why the Welsh approach is attracting worldwide interest.
The law is (not) for kids Lecic, Ned; Zuker, Marvin A
The law is (not) for kids,
2019, 2024, 2019, 2019-03-31
eBook
"In this practical guide to the law for Canada's young people, Ned Lecic and Marvin Zuker provide an all-encompassing manual meant to empower and educate children and youth. The authors address ...questions about how rights and laws affect the lives of young people at home, at school, at work, and in their relationships and draw attention to the many ways in which a person's life can intersect with the law. Deliberately refraining from moralizing, the authors instead advocate for children and their rights and provide examples of how young people can get them enforced. In addition to being critical information for youth about citizenship, The Law is (Not) for Kids is a valuable resource for teachers, counsellors, lawyers, and all those who support youth in their encounters with the law."--
