Results by title
460 books match the query 'Law and legislation' and 10 start with o
Obeah, Orisa, and Religious Identity in Trinidad, Volume I, Obeah
Africans in the White Colonial Imagination, Volume 1Tracey E. Hucks
Duke University Press, 2022
Obeah, Orisa, and Religious Identity in Trinidad is an expansive two-volume examination of social imaginaries concerning Obeah and Yoruba-Orisa from colonialism to the present. Analyzing their entangled histories and systems of devotion, Tracey E. Hucks and Dianne M. Stewart articulate how these religions were criminalized during slavery and colonialism yet still demonstrated autonomous modes of expression and self-defense. In Volume I, Obeah, Hucks traces the history of African religious repression in colonial Trinidad through the late nineteenth century. Drawing on sources ranging from colonial records, laws, and legal transcripts to travel diaries, literary fiction, and written correspondence, she documents the persecution and violent penalization of African religious practices encoded under the legal classification of “obeah.” A cult of antiblack fixation emerged as white settlers defined themselves in opposition to Obeah, which they imagined as terrifying African witchcraft. These preoccupations revealed the fears that bound whites to one another. At the same time, persons accused of obeah sought legal vindication and marshaled their own spiritual and medicinal technologies to fortify the cultural heritages, religious identities, and life systems of African-diasporic communities in Trinidad.
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Obeah, Orisa, and Religious Identity in Trinidad, Volume II, Orisa
Africana Nations and the Power of Black Sacred Imagination, Volume 2Dianne M. Stewart
Duke University Press, 2022
Obeah, Orisa, and Religious Identity in Trinidad is an expansive two-volume examination of social imaginaries concerning Obeah and Yoruba-Orisa from colonialism to the present. Analyzing their entangled histories and systems of devotion, Tracey E. Hucks and Dianne M. Stewart articulate how these religions were criminalized during slavery and colonialism yet still demonstrated autonomous modes of expression and self-defense. In Volume II, Orisa, Stewart scrutinizes the West African heritage and religious imagination of Yoruba-Orisa devotees in Trinidad from the mid-nineteenth century to the present and explores their meaning-making traditions in the wake of slavery and colonialism. She investigates the pivotal periods of nineteenth-century liberated African resettlement, the twentieth-century Black Power movement, and subsequent campaigns for the civil right to religious freedom in Trinidad. Disrupting syncretism frameworks, Stewart probes the salience of Africa as a religious symbol and the prominence of Africana nations and religious nationalisms in projects of black belonging and identity formation, including those of Orisa mothers. Contributing to global womanist thought and activism, Yoruba-Orisa spiritual mothers disclose the fullness of the black religious imagination’s affective, hermeneutic, and political capacities.
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On Slavery and the Slave Trade
<i>De Iustitia et lure</i>, Book 1, Treatise 2, Disputations 32-40Luis De Molina
Catholic University of America Press, 2023
In his monumental On Justice and Rights, the Jesuit Luis de Molina (1535-1600) discussed the legal and ethical aspects of the Portuguese trade in African and Asian enslaved persons. Molina surveys, develops, and problematizes the criteria necessary for the legitimate possession, sale, and purchase of human freedom. He insists that, even under legally valid slavery, persons who have sold or lost their freedom have inalienable rights as human beings, such as the freedom to make contracts, to marry, and even, under certain circumstances, to sue their owners in court. Molina also devotes attention to the ways in which slavery could be ended and whether and under what circumstances slaves had the right to escape from their owners. Well informed about the political structures and customs of many peoples in Africa, as well as Japan, China, and India, Molina paints a vivid and detailed picture of Portuguese trade. He gives specific accounts of the origins and development of the slave trade, region by region, and of the nature of the relationship between local rulers and the Portuguese kingdom. In doing so, he carefully describes the deception, coercion, and general indifference that pervades this trade regarding the rights to freedom of these people. It also attempts to identify the political, ecclesiastical, and market agents involved in this great injustice and their varying degrees of culpability. While Molina does not condemn slavery as a legal institution, the deeply flawed and even immoral behavior of sellers, buyers, regulators, and political rulers both in Portugal and in the slave-supplying regions that Molina denounces casts a heavy shadow on the morality of the trade.
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Only One Place of Redress
African Americans, Labor Regulations, and the Courts from Reconstruction to the New DealDavid E. Bernstein
Duke University Press, 2001
In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks.
A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day.
Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.
A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day.
Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.
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Oregon Plans
The Making of an Unquiet Land Use RevolutionSy Adler
Oregon State University Press, 2012
Oregon Plans provides a rich, detailed, and nuanced analysis of the origins and early evolution of Oregon’s nationally renowned land use planning program.
Drawing primarily on archival sources, Sy Adler describes the passage of key state laws that set the program into motion by establishing the agency charged with implementing those laws, adopting the land-use planning goals that are the heart of the Oregon system, and monitoring and enforcing the implementation of those goals through a unique citizen organization.
"Adler's story is about unusual conditions, purposeful action, dynamic personalities, and the messiness of democratic and bureaucratic processes. His conclusions reveal much about how Oregonians defined liveability in the late twentieth century." —William L. Lang, from the Preface
A volume in the Culture and Environment in the West series. Series editor: William L. Lang
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Other People's Children
The Battle for Justice and Equality in New Jersey's SchoolsYaffe, Deborah
Rutgers University Press, 2007
Winner of the 2008 NJ Studies Academic Alliance author's award for an outstanding non-fiction work about New Jersey
In 1981, when Raymond Abbott was a twelve-year-old sixth-grader in Camden, New Jersey, poor city school districts like his spent 25 percent less per student than the state’s wealthy suburbs did. That year, Abbott became the lead plaintiff in a landmark class-action lawsuit demanding that the state provide equal funding for rich and poor schools. Over the next twenty-five years, as the non-profit law firm representing the plaintiffs won ruling after ruling from the New Jersey Supreme Court, Abbott dropped out of school, fought a cocaine addiction, and spent time in prison before turning his life around.
Raymond Abbott’s is just one of the many human stories that have too often been forgotten in the policy battles New Jersey has waged for two generations over equal funding for rich and poor schools. Other People’s Children, the first book to tell the story of this decades-long school funding battle, interweaves the public story—an account of legal and political wrangling over laws and money—with the private stories of the inner-city children who were named plaintiffs in the state’s two school funding lawsuits, Robinson v. Cahill and Abbott v. Burke. Although these cases have shaped New Jersey’s fiscal and political landscape since the 1970s, most recently in legislative arguments over tax reform, the debate has often been too abstract and technical for most citizens to understand. Written in an accessible style and based on dozens of interviews with lawyers, politicians, and the plaintiffs themselves, Other People’s Children crystallizes the arguments and clarifies the issues for general readers.
Beyond its implications for New Jersey, this book is an important contribution to the conversations taking place in all states about the nation’s responsibility for its poor, and the role of public schools in providing equal opportunities and promising upward mobility for hard-working citizens, regardless of race or class.
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Outlawed Pigs
Law, Religion, and Culture in IsraelDaphne Barak-Erez
University of Wisconsin Press, 2007
The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory. Outlawed Pigs explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture.
Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state.
By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state.
By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
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Outrage
The Rise of Religious Offence in Contemporary South AsiaEdited by Paul Rollier, Kathinka Frøystad, and Arild Engelsen Ruud
University College London, 2019
Whether spurred by religious images or history books, hardly a day goes by in South Asia without an accusation of blasphemy. What accounts for the sharp rise in religious offense, and why it is observable across religious and political differences?
An interdisciplinary study of this trend, Outrage brings together researchers in anthropology, religious studies, and South Asian studies with rich experience in the varied ways religion and politics intersect in this region. Each chapter focuses on a recent case of alleged blasphemy or desecration in India, Pakistan, Bangladesh and Myanmar, unpacking the religious sensitivities and political concerns. Collectively, the chapters explore common denominators across national and religious differences, such as the introduction of social media and smartphones, the possible political gains of initiating blasphemy accusations, and the growing self-assertion of marginal communities.
An interdisciplinary study of this trend, Outrage brings together researchers in anthropology, religious studies, and South Asian studies with rich experience in the varied ways religion and politics intersect in this region. Each chapter focuses on a recent case of alleged blasphemy or desecration in India, Pakistan, Bangladesh and Myanmar, unpacking the religious sensitivities and political concerns. Collectively, the chapters explore common denominators across national and religious differences, such as the introduction of social media and smartphones, the possible political gains of initiating blasphemy accusations, and the growing self-assertion of marginal communities.
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Overseers of the Poor
Surveillance, Resistance, and the Limits of PrivacyJohn Gilliom
University of Chicago Press, 2001
In Overseers of the Poor, John Gilliom confronts the everyday politics of surveillance by exploring the worlds and words of those who know it best-the watched. Arguing that the current public conversation about surveillance and privacy rights is rife with political and conceptual failings, Gilliom goes beyond the critics and analysts to add fresh voices, insights, and perspectives.
This powerful book lets us in on the conversations of low-income mothers from Appalachian Ohio as they talk about the welfare bureaucracy and its remarkably advanced surveillance system. In their struggle to care for their families, these women are monitored and assessed through a vast network of supercomputers, caseworkers, fraud control agents, and even grocers and neighbors.
In-depth interviews show that these women focus less on the right to privacy than on a critique of surveillance that lays bare the personal and political conflicts with which they live. And, while they have little interest in conventional forms of politics, we see widespread patterns of everyday resistance as they subvert the surveillance regime when they feel it prevents them from being good parents. Ultimately, Overseers of the Poor demonstrates the need to reconceive not just our understanding of the surveillance-privacy debate but also the broader realms of language, participation, and the politics of rights.
We all know that our lives are being watched more than ever before. As we struggle to understand and confront this new order, Gilliom argues, we need to spend less time talking about privacy rights, legislatures, and courts of law and more time talking about power, domination, and the ongoing struggles of everyday people.
This powerful book lets us in on the conversations of low-income mothers from Appalachian Ohio as they talk about the welfare bureaucracy and its remarkably advanced surveillance system. In their struggle to care for their families, these women are monitored and assessed through a vast network of supercomputers, caseworkers, fraud control agents, and even grocers and neighbors.
In-depth interviews show that these women focus less on the right to privacy than on a critique of surveillance that lays bare the personal and political conflicts with which they live. And, while they have little interest in conventional forms of politics, we see widespread patterns of everyday resistance as they subvert the surveillance regime when they feel it prevents them from being good parents. Ultimately, Overseers of the Poor demonstrates the need to reconceive not just our understanding of the surveillance-privacy debate but also the broader realms of language, participation, and the politics of rights.
We all know that our lives are being watched more than ever before. As we struggle to understand and confront this new order, Gilliom argues, we need to spend less time talking about privacy rights, legislatures, and courts of law and more time talking about power, domination, and the ongoing struggles of everyday people.
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Oyster Wars and the Public Trust
Property, Law, and Ecology in New Jersey HistoryBonnie J. McCay
University of Arizona Press, 1998
Who owns tidal waters? Are oyster beds common holdings or private property? Questions first raised in colonial New Jersey helped shape American law by giving rise to the public trust doctrine. Today that concept plays a critical role in public advocacy and environmental law.
Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims.
McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the court rooms—and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent.
Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.
Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims.
McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the court rooms—and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent.
Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.
[more]