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This book shows how Rwanda's transitional courts that tried genocide crimes - the gacaca - produced social complicity and cemented authoritarian rule. It is unique for its in-depth investigation of the courts' legal operations: confessions, denunciation, and lay judging, and shows how targeted incentives such as grants of clemency, opportunities for private gain, and career advancement drew the masses into the orbit of the ethnic minority-dominated regime. Using previously untapped data, it illustrates how a decade of mass trials constructed a tacit patronage-driven relationship in which the interests of the citizenry became tied to the authoritarian elite that had discretionary power to grant or withdraw those benefits at will. The operation of law in individual behavior and authoritarian control presented in this volume will be of use to students and scholars in the social sciences, and practitioners interested in criminal law and transitional justice.
""Lawfare" describes the systematic use and abuse of legal procedure for political ends which, in post-genocide Rwanda, contributed to the making of dictatorship. Jens Meierhenrich explains how and why Paul Kagame's Tutsi-led government in the period 1994-2019 learned to substitute law for war in its consolidation of authoritarian rule"--
Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.
Constituting Religion examines how constitutional provisions for both Islam and liberal rights catalyze conflicts over religion in Malaysia and feed a 'rights-versus-rites' binary. This title is also available as Open Access.
Lawmaking by international organizations has enormous influence over world trade and national economies. This book explores who makes that law and how.
This book studies the struggles for basic legal freedoms in the work and political mobilization of defense lawyers in China's criminal justice system.
Social movements have played a vital role in Indian politics since well before the inception of India as a new nation in 1947. During the Nehruvian era, from Independence to Nehru's death in 1964, poverty alleviation was a foundational standard against which policy proposals and political claims were measured; at this time, movement activism was directly accountable to this state discourse. However, the role of social movements in India has shifted during the last several decades to accompany a changed political focus—from state to market and from reigning ideologies of secularism to credos of religious nationalism. In the first volume to focus on poverty and class in its analysis of socia...
This volume explores violent perpetration in diverse forms from an interdisciplinary and transnational perspective. From National Socialist perpetration in the museum, through post-terrorist life writing to embodied performances of perpetration in cosplay, the collection draws upon a series of historical and geographical case studies, seen through the lens of a variety of texts, with a particular focus on the locus of the museum as a technology of sense making. In addition to its authored chapters, the volume includes three contributed interviews which offer a practice-led perspective on the topic. Through its wide-ranging approach to violence, the volume draws attention to the contested and...
Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination - capitalism, colonialism, and patriarchy - to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.
A sobering study of the troubled African nation, both pre- and post-genocide, and its uncertain future The brutal civil war between Hutu and Tutsi factions in Rwanda ended in 1994 when the Rwandan Patriotic Front came to power and embarked on an ambitious social, political, and economic project to remake the devastated central-east African nation. Susan Thomson, who witnessed the hostilities firsthand, has written a provocative modern history of the country, its rulers, and its people, covering the years prior to, during, and following the genocidal conflict. Thomson's hard-hitting analysis explores the key political events that led to the ascendance of the Rwandan Patriotic Front and its leader, President Paul Kagame. This important and controversial study examines the country's transition from war to reconciliation from the perspective of ordinary Rwandan citizens, Tutsi and Hutu alike, and raises serious questions about the stability of the current peace, the methods and motivations of the ruling regime and its troubling ties to the past, and the likelihood of a genocide-free future.