Dissertations / Theses: 'Law and anthropology'

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Branam, Kelly Mae-Lane. "Constitution-making law, power, and kinship in Crow country /." [Bloomington, Ind.] : Indiana University, 2008. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3331356.

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Thesis (Ph.D.)--Indiana University, Dept. of Anthropology, 2008.
Title from PDF t.p. (viewed on Jul 24, 2009). Source: Dissertation Abstracts International, Volume: 69-11, Section: A, page: 4383. Adviser: Raymond DeMallie.

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Lemelin, Raynald Harvey. "Social movements and the Great Law of Peace in Akwesasne." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq20929.pdf.

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Nakissa, Aria Daniel. "Islamic Law and Legal Education in Modern Egypt." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10523.

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This dissertation examines the transmission of Islamic legal knowledge in modern Egypt. It is based on two years of ethnographic fieldwork in Cairo among formally trained Islamic scholars. With governmental permission, I was able to attend classes at both al-Azhar’s Faculty of Sharīʿah and Cairo University’s Dār al-ʿUlūm. I also participated in the network of traditional study circles operating in and around al-Azhar mosque. Combining ethnographic data with extensive archival research, I trace the effects of government-led initiatives over the past century and a half to reform traditional religious learning. Such have revolved around increased incorporation of Western educational methods. There are two themes on which I focus. The first centers on ethics and subjectivity. Talal Asad has suggested that for pre-modern Muslim jurists, accurate understanding of sacred texts presupposed an appropriate "habitus". Drawing on Wittgenstein and Bourdieu, I elaborate Asad’s brief remarks along the following lines. Given that how a text is read depends upon the attributes of the reader, religious authorities insisted that proper interpretations could only be generated by proper character. The way in which to produce proper character was to mold it through a suitable program of ethical discipline. I demonstrate that pre-modern Islamic educational techniques were structured with the aim of imparting a particular habitus (modeled on that of the Prophet) by enjoining meticulous and constant imitation of the Prophet’s personal habits (Sunnah). By transforming themselves into living replicas of the Prophet, jurists believed that they acquired the ability to mirror his textual interpretations. I then describe how traditional linkages between knowledge and ethics have been eroded by the importation of Western learning techniques, scrutinizing the effects of these changes on substantive legal doctrine. The second overarching theme of my research examines how changes in pedagogical methods have produced a corresponding shift in "episteme". Using Foucault, I argue that premodern religious learning was dominated by an episteme centered on language and grammar. I proceed to describe how modern educational reforms have succeeded in inaugurating a new episteme modeled on the natural sciences. I assess the impact of this shift on modes of legal reasoning.
Anthropology

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Rakopoulos, Theodoro. "Antimafia, cooperatives, land, law, labour and moralties in a changing Sicily." Thesis, Goldsmiths College (University of London), 2012. http://research.gold.ac.uk/8024/.

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This thesis explores the social, political and economic relations constituted in relation to agrarian cooperatives that work land confiscated by the state from mafiosi owners in the Alto Belice valley, Sicily. It examines access to resources (work and land), and the cooperatives’ division of labour, paying attention to the material changes that the cooperatives (considered in the context of the anti-mafia movement) have brought to people’s lives, as well as the tensions regarding social, labour and property relations that emerged from these changes. The thesis argues that the state’s intervention entailed the promotion of values (‘legality’) and relationships antithetical to those that obtained locally, such as kinship obligations and local reciprocities, as continuities between local workers’ moralities, and practices with mafia codes are seen as contradicting the state ideology of radical change. These tensions are explored in the specificities of the cooperatives’ division of labour, which, informed by class, relatedness and locality, pose obstacles to the development of horizontal, equal work relationships. In this context, the thesis explores the contradictions and unintended consequences of the state policy of ‘antimafia transformation’, creating fissures between the cooperatives’ administrators, the local workforce and the wider community. The thesis provides an ethnographic account of a political project of change that challenged the complex phenomenon of the mafia by radically shifting the conditions of access to material resources. The cooperative project provides alternative values and means of livelihood to those associated with mafia dominance in the area, but largely fails to address the local social arrangements within which the project unfolds. The thesis also addresses debates about horizontal relations in cooperatives, looking at how access to resources (land, labour, reputation) is organised across different moral claims and evaluations, articulated within and outside the cooperatives’ framework.

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Shakes, David L. "Legal Anthropology On The Battlefield| Cultural Competence In U.S. Rule Of Law Programs In Iraq." Thesis, University of Nevada, Reno, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1600000.

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This research is the first exploratory survey of rule of law officials in Iraq. Prior to this research, little has been done to examine whether U.S. rule of law efforts in Iraq were informed by a proper knowledge of the culture and criminal justice systems of Iraq and whether the U.S. learned lessons over time.

This research demonstrates that understanding of the indigenous legal and social culture is critical to the success of rule of law programs, that there are distinctive characteristics of the legal culture in Iraq, and that the rule of law programs of the U.S. in Iraq were not informed by an adequate understanding of the culture of Iraq. The author concludes that a new paradigm – Enablement Plus – is necessary if the U.S. is to improve the chances of success for rule of law programs during and immediately after conflict.

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Tuckett, Anna. "The ambiguities of documentation : migrants' everyday encounters with Italian immigration law." Thesis, London School of Economics and Political Science (University of London), 2013. http://etheses.lse.ac.uk/3287/.

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This thesis is about migrants’ everyday encounters with Italian immigration law and its bureaucracy. Centred on research conducted in an advice centre for migrants, I explore the ways in which various actors within the immigration nexus (migrants, brokers, advisers and officials) interacted with what I call the documentation regime. The documentation regime was characterised by pervasive uncertainty. Everyday encounters with it created frustration and anxiety for migrants and those who worked on their behalf. The bureaucracy’s arbitrary nature, however, also allowed for its manipulation. Rule bending and loop-hole finding characterised the strategies which migrants developed in order to successfully navigate the regime: strategies which were referred to as “Italian-like”. Immigration law, therefore, simultaneously produced migrants as both structurally marginalised and as resourceful and tactically astute agents, embedded within a particular social context. While focusing on migrants’ active navigation of the regime highlights their agency and resourcefulness, I do not suggest that these were acts of resistance. Rather, I wish to situate their practices within the wider socio-economic setting in which they took place. Although in some ways migrants became insiders through their bureaucratic encounters, they did not escape the racialised category of low-level worker. The requirement of a work contract for legal status, and the kinds of work available to migrants, continually reproduced their marginalisation in Italian society, even among the most integrated. By exploring the situation of the second generation, who were socially Italian yet subject to the same immigration laws as their parents, I highlight the racialised discrimination which migrants experienced. It is this situation which motivated migrants’ desire to move on from Italy, which was considered as only a stepping-stone country: an entry into the rest of Europe and beyond.

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Robbins, Helen A. R. "Both sword and shield: The strategic use of customary law in the Commonwealth of the Northern Mariana Islands." Diss., The University of Arizona, 2001. http://hdl.handle.net/10150/280452.

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This dissertation is based on ethno-historic fieldwork in the Commonwealth of the Northern Mariana Islands (CNMI). In the CNMI there is a complex interaction of customary law within the framework of an American legal system. By studying land disputes in a historical context, I examine how custom is represented, reconfigured, and constructed through law and the dispute process. Law reflects and reproduces ideology through its relationship with the state while at the local level of the case one can analyze the specific ways individuals access, affect, and are affected by the legal system. Courts are a site for the production of meanings that includes state-level forces, such as the law and procedural rules, as well as the impact of individuals, such as attorneys, litigants, and witnesses.

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Feallock, Lynn O'Neill 1964. ""Justified on a scientific basis": Fetal protection policies, sex discrimination, and the selective use of evidence in labor law." Thesis, The University of Arizona, 1992. http://hdl.handle.net/10150/291413.

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As women have increasingly entered what have been traditionally male-dominated industries, there has been a corresponding increase in "fetal protection policies" implemented by those same industries, based on the premise that toxins in the workplace can be harmful to the "potential fetus." The assumption is that these toxins are transported to the fetus exclusively through the mother and that only by removing the mother from the hazardous environment can the fetus be protected. Some of these companies have been taken to court as women have challenged these policies as infringements of their constitutional rights. This paper analyzes court cases in which this issue has been argued and demonstrates how the courts maintain the patriarchal ideologies of both law and industry through the use of legal precedent and unsubstantiated "science," to uphold policies that prohibit women from working in high-paying "male" industries and maintain women's subordinate position in capitalist society.

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Chu, Joon-Beom. "Barring the Unsound: Knowledge, Language, and Agency in the Evaluation of Law Students in Mock Trial Competitions." Diss., The University of Arizona, 2015. http://hdl.handle.net/10150/581278.

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This dissertation explores verbal interactions in mock trial competitions at a US law school, in order to explore the ways that law students are taught the proper ways of speaking like advocates in adversarial speech settings. Learning to prevail in adversarial settings entails the use of conversational linguistic features whose primary function is pragmatic rather than referential. The proper use of these pragmatic markers enables lawyers to achieve desired effects in legal interaction and impression management, while maintaining intact the denotational content of their utterances. This dissertation examines in depth the feedback-mediated practices through which law students learn to use three prominent pragmatic markers in mock trials: tag questions, the declarative falling intonation, and using reported speech to cite legal authority. The metapragmatic discourses that constitute these practices socialize law students to use pragmatic markers in light of their ability to sway institutional decision-makers to favor their interpretation of the facts. The dissertation argues that these metapragmatic discourses articulate an institutional technology for the management of competing claims to propositional truth. How they justify the use of these pragmatic markers reveals, furthermore, that these technologies of truth are dialogic. Pragmatic markers allow legal advocates to project social voicing contrasts in adversarial settings, allowing them to associate the utterances of their courtroom rivals with the voice of dubious social characters, reducing the propositional value of their claims to truth. An analysis of metapragmatic discourses thus reveals the dialogic dimensions of the language of the law that relate language, agency, and power in the verbal constructions of institutional knowledge. It clarifies the ways that law students, as legal advocates, learn to incorporate broadly circulating ideologies of linguistic differentiation in their legal discourse.

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Fulfrost, Brian 1969. "Four hectares and a hoe: Maragoli smallholders and land tenure law in Kenya." Thesis, The University of Arizona, 1994. http://hdl.handle.net/10150/278467.

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The paper outlines the historical development of Kenyan land tenure reform in relation to a group of smallholders in Maragoli. The transformation of common property into private property has not completely destroyed the authority of local institutions in matters of land tenure and land use. Customary social obligations have continued to play a role in the decision-making process of smallholders in Maragoli. The government in Kenya continues to be uninformed by the socioeconomic realities that affect smallholders. Agrarian law and administration should be built on the kinds of agricultural systems that are being practiced by the majority of the population in Kenya.

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Costello, Michael. "Law as adjunct to custom? : Abkhaz custom and law in today's state-building and 'modernisation' (studied through dispute resolution)." Thesis, University of Kent, 2015. https://kar.kent.ac.uk/47916/.

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The setting for research is Abkhazia a small country south of the Caucasus Mountains and bordering Europe and the Near East. The Abkhaz hold onto custom – apswara – to make of state law an adjunct to custom as the state strives to strengthen its powers to ‘modernise’ along capitalist lines. This institution of a parallel-cum-interwoven and oppositional existence of practices and the laws questions the relationship of the two in a novel way. The bases of apswara are its concepts of communality and fairness. Profound transformations have followed the dissolution of the Soviet Union, and the breakaway from and subsequent war with Georgia, none of which have brought the bright prospects that were hoped-for with independence. The element of hope in post-Soviet nostalgia provides pointers to what the Abkhaz seek to enact for their future, to decide the course of change that entertains the possibility of a non-capitalist modernisation route and a customary state. Apswara is founded on the direct participatory democracy of non-state regulation. It draws members of all ethnicities into the generation of nationalist self-awareness that transcends ethnicity and religions, and forms around sacred shrines and decisions taken by popular assemblies. It has topical significance for other societies where custom and law co-habit through contestation, and questions some widely accepted theories about the relationship of the two, as well as problematising anthropological concepts of ‘legal pluralism’ and post-Sovietics. The study suggests new topics for research.

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Drummond, Susan G. (Susan Gay) 1959. "Legal itineraries through Spanish Gitano family law : a comparative law ethnography." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=38447.

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In the context of globalization, the idea of place is reputed to be losing its footing. This thesis explores the implications of these developments with respect to the way that place is constructed in law by focusing on tensions between the concept of jurisdiction and the ways that the contexts of law overspill it, threatening to engulf comparative analysis. Central to the idea that jurisdiction is losing its familiar moorings is the implication that other forms of thinking about legal normativity are emerging as more commonsensical alternatives to the state-based idea of jurisdiction that emerged in the eighteenth and nineteenth centuries. The thesis explores this hypothesis by bringing elements of the discipline of comparative law (conventionally state based) into play with elements of the discipline of legal anthropology (conventionally culture based). The focus for this theoretical intrigue is an Gitano population in the South of Spain that served as the fieldwork locale for seven months of ethnographic fieldwork carried out in 1995. Investigations are centered on the theme of family law. Familiar notions of state and culture, and the legal sensibilities associated with each, are examined through exploring the interplay between local expressions of Gitanitude in Jerez de la Frontera and regional, national, international, and global forces that structure legal sensibilities in the area. The first chapter explores the interplay by focusing on the context surrounding Spain's reforms to family law in the 1980s. The familiar frontiers of the state are prodded through this analysis. The second chapter then explores the frontiers of culture through an examination of a variety of expressions of Gitanitude in Spain. The third chapter brings modified versions of state and culture together in a reconceptualisation of family law. As a whole, the thesis suggests a new way of approaching the problematic relationship between context and the disciplines of comparative law an

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Rosier, George K. "Romans 7:14-25." Portland, Or. : Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Nolan, Pauline J. "Paternalism and law : the micropolitics of farm workers' evictions and rural activism in the Western Cape of South Africa." Thesis, University of Edinburgh, 2008. http://hdl.handle.net/1842/2629.

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This thesis deals with the micro-politics of farm workers’ evictions. It documents farm workers’ narratives of the processes of eviction and displacement from farms in the Western Cape of South Africa. It analyses farm relations and their relationship with law, through the eyes of farm workers and through the legal actors who assist them with representation and by lobbying on their behalf. In particular, it focuses on the Extension of Security of Tenure Act (62) of 1997, which was implemented to protect farm workers from the large scale evictions that were taking place on farms and as part of a broader land reform programme. Drawing particularly on the work of Andries Du Toit, who has written about paternalism on Western Cape Farms (eg. 1998) and more recently on the impact of policy (2002), and on Blair Rutherford’s arguments relating to farm workers’ organisation in Zimbabwe, I argue that (neo)paternalistic sociality on farms is constantly being renegotiated in spite of and because of new laws, and through involvement of other influences such as locally based paralegals. The core of my argument is that farm workers are ‘liminal’ in this moment, particularly in the negotiation of eviction and housing tenure, as they operate both within the limits of paternalism where they can, and increasingly through ‘access to justice’ and related concepts. The boundaries of these discourses and social spaces are constantly shifting back and forth as farm dwellers are influenced by worker organisation as espoused by NGOs, and by increased interaction and understanding with and of laws that protect them; at the same time as they are influenced by their relationships with farm owners and other farm workers, or by paternalism. The anthropological fieldwork upon which the thesis is based was multi-sited, conducted between February 2002 and September 2003. The thesis follows the work of NGOs and paralegals, and the life histories and recent legal experiences of farm workers. The importance of the interaction between farm workers with law and its interlocutors should not be underestimated even in a context where laws such as ESTA in fact offer limited protection to farm workers’ security of tenure. These interactions must be understood in the contexts of continuing but ever renegotiated forms of gendered and racialized paternalism, of a changing economic, legal and political landscape. The thesis is therefore concerned with these spheres of influences and the micro-dynamics of legal and political contestation in the rural Western Cape.

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Hoepfner, Riley. "Public Charge: Race-Based Exclusion in US Immigration Law Against Latinx Im/Migrants." Ohio University Honors Tutorial College / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1619883296450031.

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Villagran, Michele A. L. "Examination of cultural intelligence within law firm librarians in the United States| A mixed methods study." Thesis, Pepperdine University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3739435.

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The purpose of the research is to explore the cultural intelligence (CQ) of law firm librarians in the United States. This dissertation is motivated by three research questions: (a) What is the overall level of CQ of participating law firm librarians? (b) What variations among participating law firm librarians, if any, exist among the four capabilities of CQ?; and (c) What viewpoints do the librarians have about the value and importance of CQ within their law firms? This research contributes to the limited amount of empirical literature on CQ. Officially defined in early 2000s, the CQ framework is what guides this study. The research extends the application of the CQ framework by applying it to an area not formerly studied, law firm libraries.

A concurrent nested strategy model was used in order to gain a broader perspective of CQ. The researcher conducted a mixed-methods study using a web-based survey process incorporating the CQS, an instrument that measures CQ level, demographic and open-ended items. The target population consisted of librarians within the United States who currently work in private law firm libraries. Of the initial 170 individuals who responded to the request, 70 provided survey responses. The sample was based on self-selection from those that were members of two professional associations.

Based on a triangulation of the findings, four conclusions were made: (a) law firm librarians have a strong sense of value and importance of CQ to their law firms, (b) law firm librarians have varying levels of CQ within each of the four CQ factors, (c) the librarian's feel valued and appreciated within their law firm, and (d) law firm librarians cope with cultural challenges and have to adapt to unfamiliar environments. The findings support the research questions and prompt thinking of how to incorporate CQ into training, maximize the benefits of CQ with stakeholders that utilize the library services, and how law firms may use CQ to help with industry changes. This research provides a glimpse into CQ and additional important issues to law librarians within law firms in the United States including their value within a law firm.

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Kram, Noa. "Clashes over recognition| The struggle of indigenous Bedouins for land ownership rights under Israeli law." Thesis, California Institute of Integral Studies, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=3560747.

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This dissertation examines indigenous Arab Bedouin legal struggles for land ownership in the Negev area in Israel. Since the establishment of the State of Israel, the question of land ownership has been central to relations between Negev Bedouins and the state. The courts have rejected Bedouin claims for land ownership, declaring Negev lands as belonging to the state.

This study examined the historical Bedouin connection to land in the Negev, with emphasis on the evolution of customary practices of land ownership from the second half of the 19th century until the second half of the 20th century. The validity of Bedouin law in present Bedouin society is considered, as well as the meanings of land for Bedouin land claimants. In addition, clashes between Negev Bedouin law and Israeli law are considered in defining land ownership rights in the Israeli court.

Located in the discipline of anthropology, the theoretical frames for this study are indigenous people studies and postcolonial theories. The methodologies are participatory research and ethnography. Data sources included interviews with 15 Bedouin land claimants and 3 former Israeli officials, 9 visits to Bedouin villages, observations of 5 academic events regarding the land dispute, and primary documents from various state archives. In addition, a case study was conducted of one litigated land dispute between Bedouin land claimants and Israeli authorities.

In contrast to the traditional representations of the Bedouins as "rootless nomads," the results of this study indicate a strong connection of Bedouin participants to land in the Negev. The findings suggest that Bedouin society in the Negev includes practices of land ownership, and that their customary land ownership is valid in present Bedouin society. The legal conflict reflects clashes between Israeli legal practices and Bedouin indigenous oral practices, and has also been shaped by the national conflict between Israel as a Jewish state and the Bedouins as part of the Arab Palestinian minority.

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Whitecross, Richard William. "Zhabdrung's legacy : state transformation, law and social values in contemporary Bhutan." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/8369.

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Based on ethnographic research in Bhutan and among Bhutanese living in Nepal, this thesis examines the reach of law in everyday life in contemporary Bhutan. Drawing on inter-linked themes of social values drawn from Buddhist teachings and the importance of morality, power and legitimacy, I examine popular discourse of and about law. It contributes to current arguments in socio-legal studies and anthropology concerning the reach of law in contemporary societies and its significance in everyday life. Furthermore, my thesis represents the first ethnographic account of law and society in Bhutan. It makes a valuable contribution not only to our understanding of Bhutan, but also provides an ideal opportunity to examine everyday conceptions of law as the Bhutanese State promotes legal change that draw on non-indigenous models. The thesis considers the impact of the creation of a modem, independent judiciary and recent changes in legal education and the increasing amount of legislation and secondary regulations. However, the everyday construction of law, as well as the meanings and uses to which law are put, raises problems. Therefore, I turn to examine how ordinary people create and develop a sense of the law by focussing on the development of legal consciousness. To do this, I look less at the formal legal processes of the law than at the narratives about law from a number of Bhutanese. These narratives focus on the importance of community values and notions of morality and legitimacy, which simultaneously draw on a prevalent authoritative public discourse concerning social behaviour and individual re-interpretations and resistance within the broad framework of the discourse. I examine the interrelationship between these various features, which evoke, on an individual level, a sense of "legal consciousness" and I develop how this informs daily life. This interrelationship highlights the dynamism of the process and the fluidity of ideas and adaptability to changing needs and relationships of power. This approach allows for an examination of law situated within, rather than separate from, everyday life in order to analyse the fragmentary and often inconsistent use made by individuals of the legal orders and forums available to them.

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Carnes, Emma. "Navigating Polyamory and the Law." Thesis, University of North Texas, 2020. https://digital.library.unt.edu/ark:/67531/metadc1752402/.

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My research explores what laws, such as laws surrounding immigration, child custody, and divorce, negatively affect polyamorous individuals in the U.S. and how people's perceptions of barriers differ along lines of gender-sexual-racial-class identities. My applied research is conducted for my client, a CNM-friendly attorney in D.C. I investigate the experience of polyamorous people that use lawyers they perceive as consensually non-monogamous (CNM)-friendly. I probe what it means to be "CNM-friendly," how one promotes oneself as a CNM-friendly lawyer to potential clients and the world at large, and the relationship between being a CNM-friendly lawyer and activism.

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El, Obaid El Obaid Ahmed. "Human rights and cultural diversity in Islamic Africa." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34495.

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This thesis establishes a framework for analysing and evaluating human rights within the contexts of global, African-Islamic and Sudanese cultural diversity. The normative impact of culture on international human rights is viewed from the perspective that culture is adaptive and flexible. African-lslamic culture, as exemplified by the Sudan, is no exception.
The first part of this thesis advances a theoretical framework for recognition of cultural diversity and its impact on human rights. Recognition of change as an integral part of culture is vital for a successful mobilisation of internal cultural norms to the support of international human rights. An important conclusion is that ruling elites and those engaged in human rights violations have no valid claim of cultural legitimacy.
The second part of the thesis examines the notion of human rights in traditional Africa and under Shari'a with a specific focus on conceptions of the individual, the nation-state and international law. It is argued that the African-Islamic context is an amalgam of both communitarianism and individualism; further, that the corrupt and oppressive nature of the nation-state in Islamic Africa demands an effective implementation of human rights as set out in the African Charter on Human and Peoples' Rights.
It is suggested in the third part of the thesis that three of the rights included in the African Charter are paramount to effective human rights protection in Islamic Africa: the right to self-determination, the right to freedom of expression and the right to participate in public life. These rights are examined within the Sudanese context in order to provide a more concrete illustration of their potential implementation. The dynamics of Sudanese culture are explored to exemplify a culturally responsive implementation of these rights.
This thesis contributes to the debate on the role of culture in enhancing the binding force of human rights and fundamental freedoms. It aims to inspire pragmatic discussion on the need for effective protection of human rights in order to alleviate the suffering of millions of Africans under existing ruthless and shameless regimes.

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Wignall, Julia. "No longer in the shadows| Identity, citizenship, and belonging among undocumented college students in Southern California." Thesis, California State University, Long Beach, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1527495.

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This ethnographic study looks at the development and practice of cultural citizenship among ten Mexican undocumented immigrant students at a Southern California university. Amid societal and governmental institutions such as immigration seeking to regulate citizen membership, undocumented students find a sense of belonging and incorporation through educational pathways. Not legally citizens, undocumented students encounter many obstacles to obtaining their degrees.

Consequently, students must "come out'' of the shadows to institutional gatekeepers and each other in order to access resources and public space. Through the process of coming out, undocumented students leave their liminal, undocumented status behind. Instead, they become citizens as social actors, seeking not only to participate in society--but reshape it. In this narrative, the ways undocumented students explore citizenship, "come out," and contest their status through everyday practices are examined. In developing alternative solutions to citizen-normative practices that seek to exclude the undocumented, the students are able to claim rights and space in their everyday lives and on a university campus.

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Fan, Rebecca C. "Governing indigenous knowledge? : a study of international law, policy, and human rights." Thesis, University of Essex, 2015. http://repository.essex.ac.uk/16538/.

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The story of indigenous peoples’ knowledge systems, also known as indigenous knowledge (hereafter IK), is a complex one tangled with different and sometimes conflicting interests, values, and interpretations from a variety of disciplines, or specialized fields. A number of international treaty and trade agreements that want to ‘harness’ IK also turned it into an object of global governance, as this PhD study argues. This study also argues that the well-being of IK has gradually emerged as a global agenda for sustainable development and intergenerational justice, which constitute the defining characteristics of contemporary discourse of heritage. Consequently, IK issues and debates have become more versatile and multifaceted with a widening scope and mounting stakes. This is a sociological and legal study of knowledge that analyses the epistemological struggle resulting from different understandings of the nature and purpose of IK, which has causal relationship with the inadequacies of the governing regimes documented in this study. This study argues that such struggle and inadequacy form the core problem for IK governance. Furthermore, this study takes a novel approach guided by indigenous peoples’ epistemology, which represents ties between ecology, landscape, and people in a web of connections, to argue that IK is a cross-cutting subject and a form of emplaced knowledge. Hence it is not simply a property issue or debate as most literature tends to focus on. This study further argues that what constitutes the cornerstone of IK claims by indigenous peoples is essentially biocultural diversity that nurtured and sustained IK as well as IK-holder communities as distinct peoples. Through an interdisciplinary approach of synergy and synthesis, this study developed a number of original ideas and frameworks to analyse this complex story of IK. By doing so, this study shows how IK is a challenging subject that is inevitably political; it is also tangled with inherently heterogenetic and incoherent regimes of governance, from intellectual property and trade to environmental governance and development to natural and cultural heritage and human rights. This study takes these regimes as sites of inquiry in the tradition of critical theory to further unpack and problematize the development imperative and the private-property-based system exercised by these regimes. Finally, this study concludes that IK governance can make or break vulnerable groups like indigenous peoples to a point of prosperity or deeper poverty and extinction. Therefore, it requires particular care with an integrated approach. This study aims to fill an important gap in the literature with recommendations for future policy and research.

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Weiant, Lydia. "When Law Falls Short: Informal Justice Initiatives in West Belfast, Northern Ireland." Ohio University Honors Tutorial College / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1461266200.

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London, Scott Barry 1962. "Family law, marital disputing and domestic violence in post-colonial Senegal, West Africa." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/284052.

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This dissertation examines disputing and dispute resolution primarily among married couples in the small city of Saint-Louis, in the northwest comer of Senegal, West Africa. The goal of this project is two-fold: first, to locate "couples disputing" in the context of the culture and systems of power in urban Senegal; second, to analyze how this context is reproduced and contested through disputing and participation in legal (state) and informal (non-state) dispute resolution processes. At another level, this project focuses on determining how and to what degree the law enables and empowers women to resist domestic violence, and, alternatively, allows it to persist. The place of domestic violence is examined through the lens of local culture and ideology, as well as legal and conflict-oriented behavior. Central to this project is the observation of a dynamic interaction between the daily lived reality of couples and intermediate and higher-level institutional frameworks. In other words, love, cooperation, arguing, disdain, beating, rape, separation, divorce, and reconciliation occur inseparably from the authority structures of family and community, selective coercion and empowerment by state and civil bodies, and the distant impositions of international entities. An ethnographic portrait of marital disputing and domestic violence is created using court observations and recorded speech, structured and unstructured interviews, documentary research on court records, and extended participant observation in the community.

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Baker, Joseph O., Christopher D. Bader, and Kittye Hirsch. "Desecration, Moral Boundaries, and the Movement of Law: The Case of Westboro Baptist Church." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/501.

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Using participant observation, in-depth interviews, and legislative histories, we examine Westboro Baptist Church, a religious group infamous for homophobic rhetoric and funeral protests. Employing cultural and interactionist perspectives that focus on the semiotics of death, the sacred, and desecration, we outline how Westboro’s activities purposively violate deeply held signifiers of moral order through language, while simultaneously respecting extant laws of behavior. This strategy, in conjunction with the political profitability of opposing the group, explains why the group’s activism triggered extensive legal disputes and modifications at multiple levels of governance. Westboro’s actions and use of symbols—and those of others against the group—lay bare multiple threads in the sacred cultural fabric of American society.

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Savell, Kristin. "Ideal motherideal body." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20545.

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This thesis argues that women's bodies are constituted by discourses about them. It explores the operations of power over women's bodies by analyzing the way in which the maternal body is constructed in the discourses of law, medicine and culture. Chapter One provides a theoretical context for this thesis. It examines the organization of knowledge and its relationship to power within the Western liberal tradition. Power is implicated in the production and dissemination of knowledge about the maternal body in two ways. First, scientific knowledge is privileged in legal and cultural discourses with the effect that knowledge claims based on experience are discredited. Second, scientific knowledge about the fetus, divined through the routine application of diagnostic technologies, has generated new opportunities for scrutinizing the maternal body. This information has been used to create expectations about which bodies are appropriate for reproductive purposes. These points are explored in Chapters Two and Three. Chapter Two is a study of cultural discourses about two women whose pregnancies were condemned on the basis that their bodies deviated from the ideal maternal body. In these stories, each woman was represented as a bad mother for pursuing her pregnancy against medical advice. Chapter Three is a study of the law's response to women who have failed to comply with medical advice deemed necessary for fetal well-being. It analyzes the strategies and implications of legally regulating pregnant women. Overall, this thesis poses a challenge to the way that the maternal body is represented by excavating the partial nature of the claims upon which these representations are based. Further, it argues for a re-conceptualization of the maternal body.

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Fields, Jinelle. "From Martial Law to Boba: What Is It to be Taiwanese American?" Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/668.

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This work looks at the way the Taiwanese American college student's identities are complicated and compounded by the intertwined histories of China and Taiwan. It looks at the historical account of Chinese and Taiwanese history through the understanding of genealogical history. It also analyzes the importance of narrated family accounts and lived experiences of Taiwanese-ness. Lastly, it looks at the development of Taiwanese identity as it is strengthened or weakened through religion, politics, and language.

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Hamrick, Ellie. "Enduring Injustice: Law, Memory, and Politics in Namibia's Genocide Reparations Movement." Ohio University Honors Tutorial College / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1368187868.

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Mora, Agathe Camille. "Rough justice : an ethnography of property restitution and the law in post-war Kosovo." Thesis, University of Edinburgh, 2018. http://hdl.handle.net/1842/31296.

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This thesis is an ethnography of the practice of property restitution in post-war Kosovo. The site of the largest European Union rule of law mission (EULEX) outside its member states, Kosovo is a paradigmatic case of liberal interventionism and state building under the banner of human rights. The thesis is based on 14 months (May 2012 to July 2013) of multi-sited, ethnographic fieldwork in and around the Kosovo Property Agency (KPA), the administrative, mass claims mechanism put in place by the UN to adjudicate war-related property claims between 2006 and 2016. Working with claimants and respondents, administrative clerks, national and international lawyers, commissioners and Supreme Court judges, this study presents novel insights into the everyday workings of the law from within an institution that remained largely closed to the public eye. I investigate the ways in which property, and property rights were reconfigured in post-war Kosovo through the processing of claims at the KPA. To understand how restitution worked, I probe the practices of technical-legal knowledge production by examining key moments of mass claims adjudication: the reframing of grievances in the language of the law, the making of institutional, legal knowledge, the legal analysis of files, and the implementation of decisions. Through this, I look at the consequences of the juridification of normative ideals (human rights and the rule of law) on the restitution process, its protagonists, and the law itself. My ethnographic material suggests rethinking the value of binary analyses of victims and perpetrators, the universal and the vernacularised, 'law of the books' and 'law in action', the extraordinary and the ordinary, and traces the everyday production of 'rough justice'. Building on current debates in anthropology of law on the bureaucratisation of human rights, transitional justice, and legal practice, my research reveals the tensions between the ideals of human rights that underpin the process of property restitution and the legal and political realities of transition.

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Magrini, Samantha H. "Bone Growth: The Wake of the Growth Plate." Kent State University / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=kent162669258742215.

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Barrio, de Mendoza Rafael, and Gerardo Damonte. "State dilemmas in applying the Previous Consultation Law in the Andean Region." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/80546.

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La promulgación de la Ley de Consulta Previa a los Pueblos Indígenas u Originarios como mecanismo estatal de participación e inclusión social ha generado debates conceptuales sobre cómo identificar a la población indígena andina. ¿Por qué esta ley tiene dificultades para otorgar a la población andina derechos indígenas a la consulta previa? El presente artículo intenta responder a esta interrogante a partir de un recuento histórico de las formas de identidad andina y de un análisis del debate conceptual internacional sobre la indigeneidad”. Argumentamos que el problema radicaen que la aplicación de la ley estructura un modelo de reconocimiento indígena especialmente restrictivo que no recoge de manera adecuada el dinamismo y complejidad existentes en las formas de adscripción identitaria en los Andes.
The Peruvian government enacted a new law granting consultation rights to indigenous peoples as a mechanism to enhance social inclusion in the country. The law generated debates about the criteria to identify indigenous population in the Andean region. Why does this law have problems granting consultation rights to Andean people? This paper aims to answer the question by reviewing historically the different Andean identities and analyzing the current international debate on indigenity. Our main argument is that the government intrying to apply the law is structuring a restrictive model that is hardlyable to grasp the complexity and dynamism of Andean identities.

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Li, Darryl Chi-Yee. "Jihad and Other Universalisms: Arab-Bosnian Encounters in the U.S. World Order." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10627.

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This dissertation uses the experiences of Arab Islamist fighters in the 1992-1995 war in Bosnia-Herzegovina (BiH) to rethink prevailing notions of world order. These actors are frequently glossed as “foreign fighters”: rootless, unaccountable extremists attempting to impose rigid forms of Islam on local “moderate” Muslim populations, be it in BiH, Afghanistan, Chechnya, or other sites of conflict with non-Muslim powers. By illuminating some of the many diasporic and imperial circuits linking BiH with other parts of the world, this dissertation provides a richer historical and sociological context in which transnational activist movements no longer seem so aberrational. This study argues that the mobilization to join the “jihad” alongside Bosnian Muslims can be usefully understood as a universalist project: an attempt to incarnate a worldwide Muslim community (umma) theoretically open to all of humanity, in which activists struggle through the experience of racial, cultural, and doctrinal difference vis-à-vis Bosnian and other Muslims. This approach opens up two broad avenues of inquiry. First, it allows an analysis of how Muslims of different backgrounds interacted in contexts of fighting, intermarriage, and doctrinal disputation. Second, it helps analytically situate the jihad in relation to other forms of armed intervention also acting in the name of humanity, most importantly UN peacekeeping and the U.S.-led “Global War on Terror.” This study is based on approximately 12 months of fieldwork in BiH between 2006 and 2012, mostly in Sarajevo, Zenica, Tuzla, and Bugojno. Open-ended life-history interviews were conducted in Arabic and English with Arab residents of BiH and their Bosnian comrades, kin, and critics. Additional interviews took place in Yemen, France, and Egypt. The study also draws extensively on archival materials culled from various sources, including Bosnian army and intelligence documents gathered by the UN war crimes tribunal, U.S. State Department cables disclosed by Wikileaks, and extensive printed and online materials by participants in and supporters of the jihad written in Arabic, the language formerly known as Serbo-Croatian, and Urdu.

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Silverii, Louis Scott. "A darker shade of blue: From public servant to professional deviant; Law enforcement's special operations culture." ScholarWorks@UNO, 2011. http://scholarworks.uno.edu/td/1357.

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Abstract The culture of law enforcement is an all or nothing proposition with no gray area where membership into this society is concerned. You are either “on the job” or you are not. Even references among officers to “the job” indicate there is only one job. Likened to a secret handshake, that initial phrase if answered correctly opens the door to instant fraternal acceptance, get out of violation passes, and the many other assumed privileges of brotherhood. Manning (1980) describes the powerful mystification of policing as the “sacred canopy”. He further asserts that “the police role conveys a sense of sacredness or awesome power that lies at the root of political order, and authority, the claims a state makes upon its people for deference to rules, laws and norms” (Manning, 1980, p. 21). These elements make policing unique to all other American occupations. The sacredness of the profession creates social autonomy protected by the officers’ code of silence. Operating in this vacuum apart from public accountability fosters an environment for behavior outside of laws the institution is charged with enforcing. My research shows the process of occupational socialization ushers officers into a state of becoming blue, or the enculturation of expectant behavior and actions. I confirm that assignments into the Special Operations Group (SOG) facilitate a subculture separate and apart from the institutional ideals (Librett, 2006) and encourage a darkening of the shade of blue identifying officers with a labeling of deviance. While previous research identifies the code of silence as a by-product of the policing culture, my research identifies it as fundamental for maintaining the covenant of the dark blue fraternity.

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Donnay, Dave. "The human in moral reasoning, personalism and natural law rivals or partners? /." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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Theorin, Hellman Mangus. "Antropologi i offentlig sektor : Etnografiska perspektiv inom statens offentliga utredningar." Thesis, Linköpings universitet, Institutionen för kultur och samhälle, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-165380.

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Statens offentliga utredningar, så kallade SOU, är ett viktigt statligt redskap för att informera riksdag och regering om situationer som kräver deras uppmärksamhet. En utredning består, oftast, av en särskild utredare eller en kommitté, och ett sekretariat, för att underlätta utredarens arbete, samt en expertgrupp för att bidra med expertis genom att reagera på utredningen allt eftersom den skrivs. Denna struktur är väldigt anpasslig, fler eller färre personer kan vara tillsatta i vilken som helst av rollerna. Vilka som tillsätts var bestäms utifrån vilka Regeringskansliet och utredaren anser passar bäst. I dagsläget ligger fokus för de flesta utredningar på de juridiska aspekterna och lösningarnarelaterade till en fråga. Större delen av utredare, sekreterare och experter kommer från någon form av juridisk bakgrund och använder de metoder de är vana vid inom den disciplinen. Detta har resulterat i att visa perspektiv lämnas obrukade vilket i sin tur leder till att en död vinkel uppstår för regeringen. Det bästa sättet att eliminera denna vinkel är att vidga verksamhetens fokus bort från det rent juridiska och inkludera andra perspektiv. Etnografiska metoder används som oftast av antropologer då det ger en bättre insyn i enkultur och/eller en grupp. En av de stora styrkorna med statliga utredningar är att de ger den offentliga sektorn större möjlighet att förstå och hantera problem. Att kombinera den redan befintliga djupdykningskapaciteten med etnografins vidare möjligheter för insyn i gruppdynamiker och kulturella resonemang skulle därför vara till stor nytta för statliga utredningar i Sverige. Som det ser ut i dag så behöver statliga utredningar förhålla sig till landets invånare utefter den särskilda utredarens egen förmåga. Ofta står denna utredare utan direkt erfarenhet av metoder som är anpassade till detta. Att introducera antropologer och etnografi i statens offentliga utredningar skulle åtgärda detta på en gång och ge regeringen bättre verktyg för att agera i relation till sin befolkning. Etnografi är för undersökning vad glasögon är för mig, jag kan fortfarande se utan dem, men med dem blir allt mycket tydligare.
”Statens offentliga utredningar” (directly translated as “the state’s public investigations”.), are an important government tool to inform the Riksdag and the government about situations that require their attention. An investigation usually consists of a special investigator or committee, and a secretariat, to facilitate the investigator’s work, and an expert group to contribute expertise by responding to the investigation as it is written. This structure is very customizable, more or fewer people can be added in any of the roles. Which ones are added to each is determined on the basis of which the Government Offices and the investigator consider best. At present, most investigations focus on the legal aspects and solutions related to a question. The majority of investigators, secretaries and experts come from some form of legal background and use the methods they are used to in that discipline. This has resulted in some perspectives being left unused, which in turn leads to a dead angle for the government. The best way to eliminate this angle is to widen the focus of the business away from the purely legal and include other perspectives. Ethnographic methods are most often used by anthropologists as they provide a better insight into a culture and / or a group. One of the major strengths of government investigations is that they give the public sector greater opportunity to understand and manage problems. Combining the already existing deep-diving capacity with the wider opportunities of ethnography for insight into group dynamics and cultural reasoning would therefore be of great benefit to government investigations in Sweden. As it seems today, state investigations need to relate to the country’s residents along the particular investigator’s own ability. Often, this investigator stands without direct experience of methods that are adapted to this. Introducing anthropologists and ethnography in the state’s public investigations would remedy this at once and give the government better tools to act in relation to its population. Ethnography is for examining what glasses are to me, I can still see without them, but with them everything becomes much clearer.

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Dove, Edward Stellwagen. "Liminality of NHS research ethics committees : navigating participant protection and research promotion across regulatory spaces." Thesis, University of Edinburgh, 2018. http://hdl.handle.net/1842/31447.

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NHS research ethics committees (RECs) serve as the gatekeepers of health research involving human participants. They have the power to decide, through a regulatory 'event licensing' system, whether or not any given proposed research study is ethical and therefore appropriate to undertake. RECs have several regulatory functions. Their primary function has been to protect the interests of research participants and minimise risk of harm to them. Yet RECs, and other actors connected to them, also provide stewardship for the promotion of ethical and socially valuable research. While this latter function traditionally has been seen as secondary, the 'function hierarchy' is increasingly blurred in regulation. Regulatory bodies charged with managing RECs now emphasise that the functions of RECs are to both protect the interests of research participants, and also promote ethical research that is of potential benefit to participants, science, and society. Though the UK has held in some of its previous regulations (broadly defined) that RECs equally function to facilitate (ethical) health research, I argue that the 'research promotionist' ideology has moved 'up the ladder' in the regulation of RECs and in the regulation of health research, all the way to implementation in law, specifically in the Care Act 2014, and in the regulatory bodies charged with overseeing health research, namely the Health Research Authority. This thesis therefore asks: what impact does this ostensibly twinned regulatory objective then have on the substantive and procedural workings of RECs? I invoke a novel 'anthropology of regulation' as an original methodological contribution, which enables me to study empirically the nature of regulation and the experiences of actors within a regulatory space (or spaces), and the ways in which they themselves are affected by regulation. Anthropology of regulation structures my overall empirical inquiry to query how RECs, with a classic primary mandate to protect research participants, now interact with regulatory bodies charged with promoting health research and reducing perceived regulatory barriers. I further query what this changing environment might do to the bond of research and ethics as seen through REC processes of ethical deliberation and decision-making, by invoking the original concept of 'regulatory stewardship'. I argue that regulatory stewardship is a critical, but hitherto invisible, component of health research regulation, and requires fuller recognition and better integration into the effective functioning of regulatory oversight of research involving human participants.

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Pritchard, Eleanor Mary. "Albanian law and nation-building in northern Albania and Kosovo." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:10190994-b043-46f4-8f6f-306c85570877.

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My thesis explores the roles in Albanian nation-building of the Kanun of Lekë Dukagjin, an early-twentieth century codification of northern-Albanian customary practices, and the Pajtimi i Gjaqeve, a late-twentieth century movement to conciliate blood feuds in Kosovo. To understand them, we need to know: what both were, in their own terms; their significance; and how they relate to other aspects of nation-building, and comparative examples. I draw on participant-observation fieldwork, archive work and extensive interviews. Nation-building is necessarily complicated and the Albanian case particularly so. The existence of an Albanian nation was contested by neighbouring peoples, and its characteristics, by Albanians themselves. In this complex context, the text of the Kanun, and the Pajtimi i Gjaqeve, give us good insights into Albanian understandings of the nation, and associated nation-building activities, at pivotal points in national history. While the nation-building projects of the region had many elements in common, prominent ideas of a ‘national’ legal tradition are a distinctive aspect of the Albanian case. Both the Kanun of Lekë Dukagjin and the Pajtimi i Gjaqeve need to be understood as aspects of nation-building. In the context of a crumbling Ottoman Empire, by presenting Albanian customary practices in the form of a legal code, the Albanian codifier made claims about the contents and the people from whom they came. The Kanun demonstrated the existence of a distinct people with a tradition of self-governance and mediation; and made significant contributions to the crucial process of language standardisation. In the context of the 1990s break-up of Yugoslavia, ideas of an Albanian legal tradition re-emerged in Kosovo, in the Pajtimi i Gjaqeve which presented intra-Albanian disputes as national concerns, and drew on traditional values and customary practices to effect conciliations. Subsequently, the Movement itself has become a national resource, through reference to which important ideas about the nation are expressed.

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Parra, Witte Falk Xué. "Living the law of origin : the cosmological, ontological, epistemological, and ecological framework of Kogi environmental politics." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/274896.

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This project engages with the Kogi, an Amerindian indigenous people from the Sierra Nevada de Santa Marta mountain range in northern Colombia. Kogi leaders have been engaging in a consistent ecological-political activism to protect the Sierra Nevada from environmentally harmful developments. More specifically, they have attempted to raise awareness and understanding among the wider public about why and how these activities are destructive according to their knowledge and relation to the world. The foreign nature of these underlying ontological understandings, statements, and practices, has created difficulties in conveying them to mainstream, scientific society. Furthermore, the pre-determined cosmological foundations of Kogi society, continuously asserted by them, present a problem to anthropology in terms of suitable analytical categories. My work aims to clarify and understand Kogi environmental activism in their own terms, aided by anthropological concepts and “Western” forms of expression. I elucidate and explain how Kogi ecology and public politics are embedded in an old, integrated, and complex way of being, knowing, and perceiving on the Sierra Nevada. I argue that theoretically this task involves taking a realist approach that recognises the Kogi’s cause as intended truth claims of practical environmental relevance. By avoiding constructivist and interpretivist approaches, as well as the recent “ontological pluralism” in anthropology, I seek to do justice to the Kogi’s own essentialist and universalist ontological principles, which also implies following their epistemological rationale. For this purpose, I immersed myself for two years in Kogi life on the Sierra, and focused on structured learning sessions with three Mamas, Kogi spiritual leaders and knowledge specialists. I reflect on how this interaction was possible because my project was compatible with the Mamas’ own desire to clarify and contextualise the Kogi ecological cause. After presenting this experience, I analyse the material as a multifaceted, interrelated, and elaborate system to reflect the organic, structured composition of Kogi and Sierra, also consciously conveyed as such by the Mamas. I hereby intend to show how the Kogi reproduce, live, and sustain this system through daily practices and institutions, and according to cosmological principles that guide a knowledgeable, ecological relationality with things, called ‘the Law of Origin’. To describe this system, I develop a correspondingly holistic and necessary integration of the anthropological concepts of cosmology, ontology, epistemology, and ecology. Based on this, I argue that Kogi eco-politics are equally embedded in this system, and constitute a contemporary attempt to maintain their regulatory relations with the Sierra Nevada and complement their everyday care-taking practices and rituals. In Kogi terms, this continuity and coherence is a moral imperative and environmental necessity. Thus framing and clarifying Kogi eco-politics may enrich insights into the nature of indigenous ecological knowledge, and may help address environmental problems.

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Eltantawi, Sarah. "Stoning in the Islamic Tradition: The Case of Northern Nigeria." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10318.

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This dissertation asks how it came to be that Amina Lawal, a peasant woman from Northern Nigeria, was sentenced to death by stoning in 2002 for committing the crime of zinā, or illegal sexual activity, three years after full Islamic sharīah penal law began to be implemented there by way of massive grassroots demand. Each chapter examines a factor I deem necessary to explore this question. Drawing on ethnographic evidence gathered during fieldwork in Northern Nigeria, I first examine "sharīah as social text," concluding that sharīah is thought to offer the radical societal ordering and historical and cultural legitimacy necessary to combat the corruption and poverty associated with the Federal State structure. However, the integration of the stoning punishment into the formative period of Islamic law (1st-3rd AH/ 7th-10 CE centuries), taken up in Chapter two, reveals stoning to have presented theological problems, challenging its reception in contemporary Nigeria as a symbol of stability. Chapter three traces the slow integration of Hausaland into a legalistic milieu identified with an eastward Arab-Islamic epistemic tradition by the eighteenth century, culminating in the Sokoto Caliphate's (r. 1809 - 1903) identification with the Mālikī school of Islamic law. The British arrival in the late nineteenth century ended the Caliphate, changed Islamic penal law, and promulgated the "Native Courts Proclamation," which outlawed the stoning punishment despite its absence during the Sokoto Caliphate. This history is often recalled in contemporary Northern Nigeria, but only recently, as the State weakens and the Muslim north loses political power. Chapter four analyzes Lawal's trial as the stage where the boundaries and mandates of post-1999 sharī'ah are delineated. I call several features of legal argumentation endemic of "post-modern Islamic law": legal reductionism, reliance mainly on primary texts, combining Islamic and constitutional arguments, and eschewing the jurisprudential tradition. These factors combine to make it easier (relative to Islamic history) to mete out stoning. Finally, I examine gender and the Western reaction to the case, arguing that these discourses collude to ironically elide the voice of Amina Lawal, Nigerian women more generally, and the stoning punishment per se.

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Roth, Jessica A. Roth. "The Politics of Victimization and Search for the Disappeared in Post-Conflict Peru." Ohio University Honors Tutorial College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1524844642964494.

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41

Gage, Sue-Je Lee. "Pure mixed blood the multiple identities of Amerasians in South Korea /." [Bloomington, Ind.] : Indiana University, 2007. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3253643.

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Thesis (Ph.D.)--Indiana University, Dept. of Anthropology, 2007.
Title from PDF t.p. (viewed Nov. 19, 2008). Source: Dissertation Abstracts International, Volume: 68-02, Section: A, page: 0619. Adviser: Anya Peterson Royce.

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Martins, Angela Vidal da Silva. "Antropologia filosófica e direito : um confronto entre o personalismo de Lon Fuller e o economicismo de Richard Posner." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2016. http://hdl.handle.net/10183/147035.

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O presente trabalho tem como finalidade demonstrar a relação entre Antropologia Filosófica e Direito a partir de duas correntes caracterizadas como antagônicas e seus respectivos expoentes: o personalismo de Lon Fuller e o economicismo de Richard Posner. Para tal, procuraremos primeiramente delimitar os conceitos com os quais trabalharemos: Antropologia Filosófica, Direito, Personalismo e Economicismo. Em seguida, apresentaremos os autores, centrando-nos principalmente na fundamentação jurídica de seu pensamento e na repercussão prática de suas teorias para evidenciar em que medida a base antropológica influencia a concepção de Direito e a ordem social. Concluiremos destacando a necessidade do conhecimento antropológico na formação jurídica no sentido de facilitar a compreensão das diversas teorias e sua consonância com os fins do Direito.
The present work aims to demonstrate the relation between Philosophical Anthropology and Law through two antagonic mainstreams and respective exponents: Lon Fuller´s personalism and the economicism of Richard Posner. For this goal, we will first offer the concepts we will be dealing with: Philosophical Anthropology, Law, Personalism and Economicism. Then, we will present the authors, mainly focusing on the legal fundamentals of their thought and practical repercussions of the theories in order to evidence how anthropological basis influence the conception of Law and the social order. To conclude, we will highlight the necessity of anthropological knowledge in legal education to facilitate the comprehension of different theories and its consonance with the ends of Law.

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Johnson, Ginger Ann. "Framing Violence: The Hidden Suffering and Healing of Sudan's 'Lost Girls' in Cairo, Egypt." Scholar Commons, 2013. http://scholarcommons.usf.edu/etd/4699.

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This dissertation examines the specific forms of embodied suffering war and its refugee aftermath brings to female Sudanese refugees currently living in post-revolution Cairo, Egypt in order to illustrate the suffering and healing enacted within everyday life. These women, displaced from the Second Sudanese Civil War, are what I label Sudan's `Lost Girls.' The theoretical framework I employ in order to discuss their lives is a critical medical anthropology perspective based on the mindful body. I engage anthropological literature on the body in order to better understand the embodied suffering, sexual violence, and refugee aftermath of war. My research seeks to do this through distinctly gendered analyses and equally importantly, visual analyses. The research draws on historical news data collected through content analysis, contemporary qualitative data collected during fieldwork in the form of observation and interviews, with a particular emphasis on photovoice methodology. The work proposes that the humanizing aspect of emotions revealed by Lost Girls' photography of their everyday lives in urban Cairo allows for critical analysis of the many and varied ways in which women's `ordinary' experiences of war have been hidden, the implications of this for international responses to their suffering, and areas for exploring new, non-emergency refugee policies based on more ethnographically informed, gendered contextualizations of `extraordinary' violence.

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Ferreira, Maria Patricia Corrêa. "Matar pai e mãe = uma análise antropológica de processos judiciais de parricídio (São Paulo, 1990-2002)." [s.n.], 2010. http://repositorio.unicamp.br/jspui/handle/REPOSIP/280372.

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Orientador: Guita Grin Debert
Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
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Resumo: Esta tese focaliza as lógicas argumentativas dos discursos que regem as sentenças judiciais, baseadas em elementos socioculturais, valores morais e nas atribuições sociais de pais e filhos postos em ação por advogados, promotores e juízes nos processos de parricídio. Por meio da análise de conteúdo dos processos penais, julgados na cidade de São Paulo entre os anos de 1990 a 2002, mostrou-se como são produzidos tipos ideais de relações familiares e quais são os estereótipos e preconceitos acionados na construção das imagens das vítimas e dos acusados. De modo a dar inteligibilidade aos crimes, essas construções articulam representações simbólicas de relações de poder, afeto, responsabilidade, concebendo a família como palco de relações autoritárias e de complementaridade. O que se evidencia é a complexa relação entre o papel da Justiça Criminal em punir exemplarmente os filhos que cometeram os crimes e a tendência em absolver e relativizar o grau de culpabilidade dos acusados ao reconhecerem implicitamente e/ou estrategicamente que mais importante do que punir um filho suspeito de parricídio é levar em conta as reivindicações e o julgamento sobre o autor do crime feito pelos próprios parentes das vítimas e dos acusados
Abstract: This thesis focuses on the logic of judicial discourse in parricide cases. It deals with the socio-cultural elements, moral values and social roles attributed to parents and sons by lawyers, prosecutors and judges involved in this kind of criminal lawsuit. The work analyses parricide cases in the city of São Paulo (Brazil), between 1990 and 2002, revealing the construction of ideal familiar relationships and the stereotypes and prejudices employed to portray the victims and the accused. These images connect symbolic representations of power, affection and responsibility, producing a notion of family as a place characterized by authoritarian and complementary relationships. This research stresses the complex relation between the role played by the criminal justice, as the responsible for punishing exemplarily the sons, and the inclination to absolve or mitigate the sentences, admitting that more important than punishing the accused is to acknowledge the demands and judgments of the suspect relatives and of the suspect him/herself
Doutorado
Antropologia Social
Doutor em Ciências Sociais

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Freitas, Gustavo António Bernardino Alves de. "Uma compreensão do incesto a partir da sua proibição: Que conhecimento do Homem?" Master's thesis, Instituto Superior de Psicologia Aplicada, 2001. http://hdl.handle.net/10400.12/996.

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Mirlesse, Alice. "Identity on Trial: the Gabrielino Tongva Quest for Federal Recognition." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/pomona_theses/90.

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Abstract:

In this paper, the author looks at the impact of the policy of federal recognition on a Los Angeles basin Native community: the Gabrielino Tongva. The first section, the literature review focuses on the difficulties of defining “indigenousness” in the academic and political realms, as well as looking at Native scholars’ conceptualization of this unique and multifaceted identity. After a consideration of the theoretical framework of the study, the crossroads between anthropology and public policy analysis, the author presents the tools she used in her study, namely: participant observation, key-informant interviews, and the analysis of published documents and personal files. The section ends with a review of ethical concerns pertaining to doing research with indigenous people. The historical section comprises an analysis of archives and published works about the Tongva and the federal recognition process. Starting by a brief report of major policies that have impacted Native American rights in the U.S. and the evolution of government relations with indigenous communities, the author looks at the legacy of the Tongva people in L.A. today, paying special attention to past efforts at obtaining federal recognition and political divides within the tribe. The analysis is structured according to the different levels of recognition that the author perceived through her research. “Capital R”, or federal recognition is explored through its impact on the individual and the group, and followed by an account of current efforts towards community recognition – “lower-case r.” The paper ends on recommendations for future policies and a personal reflection about the research and its results.

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Guerlain, Laëtitia Marie. "Droit et société au XIXe siècle : les leplaysiens et les sources du droit : (1881-1914)." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40046/document.

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Les disciples de Frédéric Le Play (1806-1882) ont cherché, par la constitution d’écoles, àperpétuer l’oeuvre de leur maître. En matière juridique, ils tentent de refonder le droit sur l’espritsocial. Celui-ci, frontalement opposé à l’esprit classique des juristes, fait d’abstraction etd’idéalité, doit permettre de réinsuffler le social dans le droit, saturé par l’idéologie des Lumières.Cet objectif passe notamment par une réflexion méthodologique sur la science juridique, quidoit allier le classique procédé déductif à l’induction des sciences sociales. Une fois le droit assissur la neutralité du fait social, il peut enfin être assaini de l’idéologie rousseauiste qui l’imprègneet, somme toute, dépolitisé. Les leplaysiens en retrouvent in fine le fondement dans la tradition,mélange d’immanence et d’historicité. Les disciples de Le Play, qui entendent promouvoir desréformes en vue de l’avènement d’une société traditionnelle vectrice de paix sociale, utilisentalors les sources formelles du droit. Celles-ci apparaissent véritablement instrumentalisées : lesémules de l’ingénieur utilisent en effet, au gré de leurs besoins, tant la coutume et lajurisprudence que la loi pour faire aboutir leurs réformes. Il ressort de cette étude qu’ils ontsurtout exercé une influence méthodologique et intellectuelle sur la norme législative
The followers of Frederic Le Play (1806-1882) sought by the establishment of schools, toperpetuate the work of their master. They indeed tried to reestablish social spirit as the true basisof legal science. The latter, frontally opposed to the classical spirit of Jurists, made of abstractionand ideality, must allow life to penetrate the field of legal science, saturated with the ideology ofthe Enlightenment. To achieve this objective, they develop a methodological reflection on legalscience, which must combine the classic deductive process to the induction of Social Sciences.Once seated on the neutrality of the social fact, legal science can finally be cleansed ofRousseau’s ideology and be, after all, depoliticized. The leplaysiens ultimately found the truebasis of law in tradition, defined as a mixture of immanence and historicity. The disciples of LePlay, who intend to promote reforms to the advent of a traditional society vector of social peace,then use formal sources of law. The latter appear truly manipulated : the followers of theengineer use indeed to suit their needs, both custom, jurisprudence and law to achieve theirreforms. It appears from this study that they have mostly influenced the Third Republiclegislation in a methodological and intellectual way

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McLaughlin, Jeanne M. "An evaluation of Oregon's system of identifying unidentified human remains and using technology to improve the efficiency of law enforcement and the medical examiner in identifying human remains /." Connect to title online (ProQuest), 2009. http://proquest.umi.com/pqdweb?did=1905728431&sid=1&Fmt=2&clientId=11238&RQT=309&VName=PQD.

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PRICE, Susanna. "The resettlement policy paradox: Prospects for reconciling rights, risks and sustainability for people displaced by development." Kyoto University, 2020. http://hdl.handle.net/2433/259713.

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Byrne, Michael J. "An exploratory analysis of free will in the social sciences." Ashland University Ashbrook Undergraduate Theses / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=auashbrook1304710552.

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Dissertations / Theses on the topic 'Law and anthropology'

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