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Culture and the Judiciary
How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent–child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journe...
The Roots of Patriarchy
"By combining legal and genealogical methodologies, this book describes the origin, decline, resurgence, and metamorphosis of patriarchy in the West. The book provides the reader with a unified tool to understand what patriarchy is, its dynamic and its main features. The reader will find a guide to navigate the dozens of definitions and theories of patriarchy, and will better understand why, despite the proclamation of formal Constitutions of the equality of the sexes, the gender gap in the West is still high. Approaching patriarchy both as a concept and as a social fact, the book shows how patriarchy lay at the Jewish-Greek-Roman roots of Western civilization; how for millennia it was perceived as a benevolent function for social and political life; and how feminism reversed this benevolent narrative. By reconstructing how patriarchy has been theorized in several disciplines and historical times, the book reflects on what has been done and remains to be done to de-patriarchalize the West. It will be a valuable resource for academics, researchers and students in Women's Studies, Gender Studies, Constitutional Law, Cultural Studies, Religious Studies and Anthropology"--
The Roots of Patriarchy
By combining legal and genealogical methodologies, this book describes the origin, decline, resurgence and metamorphosis of patriarchy in the West. The book provides the reader with a unified tool for understanding what patriarchy is, its dynamics, and its main features. The reader will find a guide with which to navigate the dozens of definitions and theories of patriarchy, and will better understand why, despite the proclamations of formal Constitutions of the equality of the sexes, the gender gap in the West is still high. Approaching patriarchy both as a concept and as a social fact, the book shows how patriarchy lay at the Jewish-Greek-Roman roots of Western civilization; how for millen...
Tolerance Through Law
The autonomous province of South Tyrol in Northern Italy is generally considered to be one of the most successful examples for the solution of ethnic conflicts. This book gives an analysis of the evolution of the legal instruments and institutions of self-government and minority protection through power-sharing as well as of the experience gathered during decades of the implementation of a "working economy." It thus provides insights regarding the state and the evolution of this specific case as well as for the general tendencies in the development of territorial autonomy and minority protection.
Gender and Migration in Italy
Recent migratory flows to Europe have brought about considerable changes in many countries. Italy in particular offers a unique point of view, since it is possible to observe not only the way migration has changed specific features of the country, but also how it is intertwined with gender relations. Considering both the type of migration that has affected Italy and the consequent measures adopted by the Government, a variety of distinctive elements may be seen. By providing a broad and more complete picture of the Italian perspective on gender and migration, this book makes a valuable contribution to the wider debate. The contributions consider the problematic linkage between gender and mig...
Federalism beyond Federations
Since the end of the Second World War, a set of democratic European countries have established a decentralized system of government based on federal or regional patterns. Some of these systems initially displayed an asymmetrical trend, however, some democracies have implemented a subsequent process of re-symmetrization that changes the structure and the legitimization of the previous political agreements. Charting the evolution of decentralization processes and asymmetries implemented in Belgium, Denmark, Finland, France, Italy, Portugal, Russia, Spain, Ukraine and the United Kingdom, leading international scholars illustrate which countries have evolved more symmetrically, why this is so an...
Community of the College of Justice
Drawing on Court of Session records uncovered by John Finlay, this study investigates the important role of College members in the cultural and economic flowering of Scotland, and argues that a single Law institution had a marked influence on the Scottish
Cultural Expertise
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the l...
Wastelands
Wastelands is an in-depth exploration of trash, the scavengers who collect it, and the precarious communities it sustains. After enduring war and persecution in Kosovo, many Ashkali refugees fled to Belgrade, Serbia, where they were stigmatized as Gypsies, consigned to slums, sidelined from the economy, and subjected to violence. To survive, Ashkali collect the only resource available to them: garbage. Vividly recounting everyday life in an illegal Romani settlement, Eirik Saethre's searing book follows Ashkali as they scavenge through dumpsters, build shacks, siphon electricity, negotiate the recycling trade, and migrate between Belgrade, Kosovo, and the European Union. Saethre argues that trash is not just a means of survival--it reinforces the status of Ashkali as a polluted Other, creates indissoluble bonds to transnational capitalism, enfeebles bodies, and establishes a localized sovereignty. In these geographies of displacement, suffering is boring and trash is transformative.
Anthropological Expertise and Legal Practice
This book draws on concrete cases of collaboration between anthropologists and legal practitioners to critically assess the use of anthropological expertise in a variety of legal contexts from the point of view of the anthropologist as well as of the decision-maker or legal practitioner. The contributions, several of which are co-authored by anthropologist–legal practitioner tandems, deal with the roles of and relationships between anthropologists and legal professionals, which are often collaborative, interdisciplinary, and complementary. Such interactions go far beyond courts and litigation into areas of law that might be called ‘social justice activism’. They also entail close colla...
