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Out of the Mainstream
"Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American comm...
Precious Commodity
As an essential resource, water has been the object of warfare, political wrangling, and individual and corporate abuse. It has also become an object of commodification, with multinational corporations vying for water supply contracts in many countries. In Precious Commodity, Martin V. Melosi examines water resources in the United States and addresses whether access to water is an inalienable right of citizens, and if government is responsible for its distribution as a public good. Melosi provides historical background on the construction, administration, and adaptability of water supply and wastewater systems in urban America. He cites budgetary constraints and the deterioration of existing water infrastructures as factors leading many municipalities to seriously consider the privatization of their water supply. Melosi also views the role of government in the management of, development of, and legal jurisdiction over America's rivers and waterways for hydroelectric power, flood control, irrigation, and transportation access. Looking to the future, he compares the costs and benefits of public versus private water supply, examining the global movement toward privatization.
The Formation and Transmission of Western Legal Culture
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their p...
The Power of Narrative in Environmental Networks
Theory and case studies demonstrate the analytic potential of mutually constitutive “narrative networks” in environmental governance.
Overseas Research II
Researchers in developing countries often find that the particular country in which they work presents a range of unforeseen challenges. Indeed, their ability to carry out effective scholarship is often highly dependent on these factors. The great differences between working in countries as varied as India, China, Bolivia and Kenya can often come as a shock to the system. An ability to negotiate a bewildering array of cultural and logistical obstacles is therefore essential. Overseas Research II: A Practical Guide distils essential lessons learned by scores of students and scholars who have collected data and done fieldwork abroad. The authors fill the reader in on the many crucial pieces of...
Cultural Expertise, Law, and Rights
Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration...
Redesigning Justice for Plural Societies
This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.
Remoteness Reconsidered
When the margin IS the center, perspectives shift
The Western Codification of Criminal Law
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Embracing the Anaconda
Drawing on extensive ethnographic research, Anita Carrasco examines the socio-environmental impacts of contemporary mining on the Atacameños, an indigenous community in northern Chile, and their home in the Atacama Desert, one of the driest regions in the world. Carrasco describes the impacts of short-term mining corporations like Anaconda Copper that arrived, destroyed, and departed, and explains the positive and negative memories of those left behind. Embracing the Anaconda: A Chronicle of Atacameño Life and Mining in the Andes is recommended for students and scholars of anthropology, sociology, environmental studies, race and ethnic studies, and Latin American studies.
