Sovereignty, Knowledge, Law

Sovereignty, Knowledge, Law
Author: Panu Minkkinen
Publisher: Routledge
Total Pages: 197
Release: 2009-05-22
Genre: Law
ISBN: 1134028601

Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.

Sovereignty, Knowledge, Law

Sovereignty, Knowledge, Law
Author: Panu Minkkinen
Publisher: Routledge
Total Pages: 366
Release: 2009-05-22
Genre: Law
ISBN: 1134028598

Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.

The Truth about Crime

The Truth about Crime
Author: Jean Comaroff
Publisher: University of Chicago Press
Total Pages: 368
Release: 2016-12-05
Genre: History
ISBN: 022642491X

This new book by the well-known anthropologists Jean and John L. Comaroff explores the global preoccupation with criminality in the early twenty-first century, a preoccupation strikingly disproportionate, in most places and for most people, to the risks posed by lawlessness to the conduct of everyday life. Ours in an epoch in which law-making, law-breaking, and law-enforcement are ever more critical registers in which societies construct, contest, and confront truths about themselves, an epoch in which criminology, broadly defined, has displaced sociology as the privileged means by which the social world knows itself. They also argue that as the result of a tectonic shift in the triangulation of capital, the state, and governance, the meanings attached to crime and, with it, the nature of policing, have undergone significant change; also, that there has been a palpable muddying of the lines between legality and illegality, between corruption and conventional business; even between crime-and-policing, which exist, nowadays, in ever greater, hyphenated complicity. Thinking through Crime and Policing is, therefore, an excursion into the contemporary Order of Things; or, rather, into the metaphysic of disorder that saturates the late modern world, indeed, has become its leitmotif. It is also a meditation on sovereignty and citizenship, on civility, class, and race, on the law and its transgression, on the political economy of representation.

Knowledge Sovereignty Among African Cattle Herders

Knowledge Sovereignty Among African Cattle Herders
Author: Zeremariam Fre
Publisher: UCL Press
Total Pages: 216
Release: 2018-06-20
Genre: Political Science
ISBN: 1787353125

Beni-Amer cattle owners in the western part of the Horn of Africa are not only masters in cattle breeding, they are also knowledge sovereign, in terms of owning productive genes of cattle and the cognitive knowledge base crucial to sustainable development. The strong bonds between the Beni-Amer, their animals, and their environment constitute the basis of their ways of knowing, and much of their knowledge system is built on experience and embedded in their cultural practices. In this book, the first to study Beni-Amer practices, Zeremariam Fre argues for the importance of their knowledge, challenging the preconceptions that regard it as untrustworthy when compared to scientific knowledge from more developed regions. Empirical evidence suggests that there is much one could learn from the other, since elements of pastoralist technology, such as those related to animal production and husbandry, make a direct contribution to our knowledge of livestock production. It is this potential for hybridisation, as well as the resilience of the herders, at the core of the indigenous knowledge system. Fre also argues that indigenous knowledge can be viewed as a stand-alone science, and that a community’s rights over ownership should be defended by government officials, development planners and policy makers, making the case for a celebration of the knowledge sovereignty of pastoralist communities Praise for Knowledge Sovereignty Among African Cattle Herders ‘This book greatly contributes to the limited literature on theoretical discourses and practices on indigenous knowledge of livestock herding communities in the Horn of Africa. It discusses knowledge heritage and sovereignty through the presentation of valid empirical evidence, and its subsequent relevance in nurturing sustainability of knowledge systems to enhance lives of pastoralists in Africa and beyond.’ Samuel Tefera PhD, Assistant Professor and Asian Desk Coordinator at the Centre for African and Oriental Studies, Associate Dean for Research and Technology Transfer, College of Social Sciences, Addis Ababa University ‘The author has worked with our Beni-Amer pastoral communities in Eastern Sudan and Western Eritrea for over 30 years and this book is the first of its kind in documenting our practices, knowledge systems, heritage and way of life.’ Mustafa Faid and Mohamed Ali, Leaders of the of the Pastoral and Environmental Association Kassala State (PEAKS) ‘A riveting and rare book! Zeremarian Fre guides you along the sandy [dusty] tracks and grassy pastures that the Beni-Amer and their herds have been softly tracing over time all through the Horn of Africa. One of the virtues of the book is that it illustrates vividly and in clear language how their continuous self-built endogenous knowledge on agro-pastoral life is not only at the core of their survival and the survival of their herds, but more importantly a powerful weapon in facing and resisting multiple aggressions . . . Ground-breaking and a huge achievement.’ Yves Cabannes, Emeritus Professor of Development Planning,, The Bartlett Development Planning Unit, UCL ‘The book underlines the importance of enriching and utilizing the unrecognized, yet valuable scientific knowledge and practices that are deeply rooted in pastoral traditional expertise about their own environment and breeding practices. It is an important publication that reflects Dr Fre’s expertise and long term research in the region and thus, it is a significant addition to the African library.’ Hala Alkarib, Director of the Strategic Initiative for Women in the Horn of Africa (SIHA) ‘This fascinating book not only gives a unique insight into the knowledge and practice of pastoralists in the Horn of Africa from the author’s first-hand experience, it also provides an incisive critique of the multiple dimensions of knowledge, paying tribute to the sovereignty of indigenous knowledge. It has a timely relevance for global sustainability that will appeal to a wider readership.’ Nicole Kenton, International Development Consultant, former long serving senior staff member of the International Institute for Environment and Development (IIED) ‘The book covers several intertwined issues relevant to contemporary development policy and practice. It goes beyond the rural-urban and peasant–nomadic livelihoods dichotomy by shedding more light on the inter-linkages within the multiple livelihood systems within the Horn of Africa and globally. A rich evidence-based resource for academics, development partners and social movements for promoting and designing state policies that embrace pastoralist aspirations.’ Bereket Tsegay MA, PhD candidate, Pastoral and Environmental Network in the Horn of Africa (PENHA) ‘Dr Zeremariam Fre has done a wonderful job of placing at the centre of this book the Beni-Amer pastoralists, the world they inhabit and the knowledge they use to navigate and thrive in it. The lessons contained in this book go beyond pastoralism; it is a must read for anyone serious about understanding the importance of located knowledge in the innovation and development process.’ Yusuf Dirie, PENHA Research Fellow and PhD researcher at the University of Sussex

Semblances of Sovereignty

Semblances of Sovereignty
Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
Total Pages: 321
Release: 2009-07-01
Genre: Law
ISBN: 0674020154

In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.

Property and Sovereignty

Property and Sovereignty
Author: Professor James Charles Smith
Publisher: Ashgate Publishing, Ltd.
Total Pages: 483
Release: 2014-01-28
Genre: Law
ISBN: 140948470X

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

The Right of Sovereignty

The Right of Sovereignty
Author: Daniel Lee
Publisher: Oxford University Press
Total Pages: 296
Release: 2021-08-31
Genre: Law
ISBN: 0191072044

Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.

Symbolism 14

Symbolism 14
Author: Rüdiger Ahrens
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 364
Release: 2014-12-12
Genre: Literary Criticism
ISBN: 311040804X

Symbolic representation is a crucial subject for and a potent heuristic instrument of diaspora studies. This special focus inquires into the forms and functions of symbols of diaspora both in aesthetic practice and in critical discourse, analyzing and theorizing symbols from Shakespeare to Bollywood as well as in critical writings of theorists of diaspora. What kinds of symbols and symbolic practices, contributors ask, are germane to the representation, both emic and etic, of diasporics and diasporas? How are specific symbols and symbolic practices analyzed across the academic fields contributing to diaspora studies? Which symbols and symbolic practices inform the academic study of diasporas, sometimes unconsciously or without being remarked on? To study these phenomena is to engage in a dialogue that aims at refining the theoretical and methodological vocabulary and practice of truly transdisciplinary diaspora studies while attending to the imperative of specificity that inheres in this emerging field. The volume collects a range of analyses from social anthropology, history and ethnography to literary and film studies, all combining readings of individual symbolic practices with meta-theoretical reflections.

Rousseau, Law and the Sovereignty of the People

Rousseau, Law and the Sovereignty of the People
Author: Ethan Putterman
Publisher: Cambridge University Press
Total Pages: 201
Release: 2010-04-22
Genre: History
ISBN: 0521765382

Examines Rousseau's contribution as a constitutionalist and builder of institutions, relating his major ideas to twenty-first century debates.

Redefining Sovereignty in International Economic Law

Redefining Sovereignty in International Economic Law
Author: Wenhua Shan
Publisher: Bloomsbury Publishing
Total Pages: 516
Release: 2008-04-21
Genre: Law
ISBN: 184731421X

The concept of state sovereignty is increasingly challenged by a proliferation of international economic instruments and major international economic institutions. States from both the south and north are re-examining and debating the extent to which they should cede control over their economic and social policies to achieve global economic efficiency in an interdependent world. International lawyers are seriously rethinking the subject of state sovereignty, in relation to the operation of the main international economic institutions, namely the WTO, the World Bank and the International Monetary Fund (IMF). The contributions in this volume, bringing together leading scholars from the developed and developing worlds, take up the challenge of debating the meaning of sovereignty and the impact of international economic law on state sovereignty. The first part looks at the issues from the perspectives of general international law, international economic law and legal theory. Part two discusses the impact of trade liberalisation on the sovereignty of both industrialised and developing states and Part three concentrates on the challenge to state sovereignty created by the proliferation of investment treaties and the significant recent growth of investment treaty based arbitration cases. Part four focuses on the domestic and international effects of international financial intermediaries and markets. Part five explores the tensions and intersections between the international regulation of trade and investment, international human rights and state sovereignty