- Table View
- List View
Colonial and Post-colonial Constitutionalism in the Commonwealth: Peace, Order and Good Government (Routledge Research in Constitutional Law)
by Hakeem O. YusufThe peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions.This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.
Colonial and Post-colonial Constitutionalism in the Commonwealth: Peace, Order and Good Government (Routledge Research in Constitutional Law #7)
by Hakeem O. YusufThe peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions.This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.
Colonial Genocide and Reparations Claims in the 21st Century: The Socio-Legal Context of Claims under International Law by the Herero against Germany for Genocide in Namibia, 1904-1908 (PSI Reports)
by Jeremy SarkinMore and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789.The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.
Colonial Heritage and Urban Transformation in the Global South: Excavating the Ruins of Cape Town's Rebirth (Studies in Art, Heritage, Law and the Market #2)
by Christian ErnstenThis book traces and analyses the role of heritage in the urban transformation of the city of Cape Town. By looking at discourses of heritage and urban design, the book shows how Cape Town positions itself as an emerging global city in the context of a series of global events. The book points at how a heritage focus on the themes of post-colonial and post-apartheid reconciliation, restitution and memory in the city shifts to a focus on creativity, design and the arts. Thereby showing how traumatic remnants of colonialism and apartheid are reframed as “design challenges”. Furthermore, it argues that the idea of a transformed society is projected into a future time and the chaotic present everyday life is left to its own devices. Against this backdrop, the book lays out the opportunities for epistemological reset and decolonial reflection on the city’s deep histories, its embedded injustices and traumas that surfaced.
Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971
by Ellen R. FeingoldThis book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.
Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971
by Ellen R. FeingoldThis book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.
Colonial Justice In British India: White Violence And The Rule Of Law (Cambridge Studies In Indian History And Society Ser. #Series Number 17)
by Elizabeth KolskyColonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.
Colonial Kenya Observed: British Rule, Mau Mau and the Wind of Change
by S. H. FazanThe coast of East Africa was considered a strategically invaluable region for the establishment of trading ports, both for Arab and Persian merchants, long prior to invasion and conquest by Europeans. In the initial stages of the scramble for Africa in the 18th century, control of the area was an aspiration for every colonial nation in Europe – but it was not until 1895 that it was finally dominated by a sole power and proclaimed The Protectorate of British East Africa. In the early 20th century, the coast was brimming with vitality as immigrants, colonisers and missionaries from Arabia, India and Europe poured in to take advantage of growing commercial opportunities – including the prospect of enslaving millions of native Africans. The development of Kenya is an exceptional tale within the history of British rule – in perhaps no other colony did nationalistic feeling evolve in conditions of such extensive social and political change. In 1911, S.H. Fazan sailed to what later became the Republic of Kenya to work for the colonial government. Immersing himself in knowledge of traditional language and law, he recorded the vast changes to local culture that he encountered after decades of working with both the British administration and the Kenyan people. This work charts the sweeping tide of social change that occurred through his career with the clarity and insight that comes with a total intimacy of a country. His memoirs examine the fascinating complexity of interaction between the colonial and native courts, commercial land reform and the revolutionised dynamic of labour relations. By further unearthing the political tensions that climaxed with the Mau Mau Revolt of 1952-1960, this invaluable work on the European colonial period paints a comprehensive and revealing firsthand account for anyone with an interest in British and African history. Fazan's story provides a quite unparalleled view of colonial Africa and the conduct of Empire across half a century.
Colonial Legacies and the Rule of Law in Africa: Ghana, Kenya, Nigeria, South Africa, and Zimbabwe (African Governance)
by Salmon A ShomadeThis book focuses on the continued impact of the colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the Rule of Law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences in the impact of the British colonial legacy on the current legal landscape of each nation and the intersection with the Rule of Law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.
Colonial Legacies and the Rule of Law in Africa: Ghana, Kenya, Nigeria, South Africa, and Zimbabwe (African Governance)
by Salmon A ShomadeThis book focuses on the continued impact of the colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the Rule of Law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences in the impact of the British colonial legacy on the current legal landscape of each nation and the intersection with the Rule of Law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.
Colonial Migrants and Racism: Algerians in France, 1900–62
by N. MacMasterThe first comprehensive study in English of the earliest and largest 'Third-World' migration into pre-war Europe. Full attention is given to the relationship between the society of emigration, undermined by colonialism, and processes of ethnic organisation in the metropolitan context. Contemporary anti-Algerian racism is shown to have deep roots in moves by colonial elites to control and police the migrants and to segregate them from contact with Communism, nationalist movements and the French working class.
Colonial Policing and the Transnational Legacy: The Global Dynamics of Policing Across the Lusophone Community
by Conor O'ReillyThis compilation represents the first study to examine the historical evolution and shifting global dynamics of policing across the Lusophone community. With contributions from a multi-disciplinary range of experts, it traces the role of policing within and across settings that are connected by the shared legacy of Portuguese colonialism. Previously neglected within studies of the globalisation of policing, the Lusophone experience brings novel insights to established analyses of colonial, post-colonial and transnational policing. This compilation draws research attention to the policing peculiarities of the Lusophone community. It proposes new cultural settings within which to test dominant theories of policing research. It uncovers an important piece of the jigsaw that is policing across the globe. Key research questions that it addresses include:• What were the patterns of policing, and policing transfers, across Portuguese colonial settings?• How did Portugal’s dual status as both fascist regime and imperial power shape its late colonial policing?• What have been the different experiences of post-colonial and transitional policing across the former Portuguese colonies?• In what ways are Lusophone nations contributing to, and indeed shaping, patterns of transnational policing?• What comparative lessons can be drawn from the Lusophone policing experience?
Colonial Policing and the Transnational Legacy: The Global Dynamics of Policing Across the Lusophone Community
by Conor O'ReillyThis compilation represents the first study to examine the historical evolution and shifting global dynamics of policing across the Lusophone community. With contributions from a multi-disciplinary range of experts, it traces the role of policing within and across settings that are connected by the shared legacy of Portuguese colonialism. Previously neglected within studies of the globalisation of policing, the Lusophone experience brings novel insights to established analyses of colonial, post-colonial and transnational policing. This compilation draws research attention to the policing peculiarities of the Lusophone community. It proposes new cultural settings within which to test dominant theories of policing research. It uncovers an important piece of the jigsaw that is policing across the globe. Key research questions that it addresses include:• What were the patterns of policing, and policing transfers, across Portuguese colonial settings?• How did Portugal’s dual status as both fascist regime and imperial power shape its late colonial policing?• What have been the different experiences of post-colonial and transitional policing across the former Portuguese colonies?• In what ways are Lusophone nations contributing to, and indeed shaping, patterns of transnational policing?• What comparative lessons can be drawn from the Lusophone policing experience?
Colonialism: A Moral Reckoning
by Nigel BiggarThe Sunday Times Bestseller A new assessment of the West’s colonial record In the wake of the dissolution of the Soviet empire in 1989, many believed that we had arrived at the ‘End of History’ – that the global dominance of liberal democracy had been secured forever.
The Colonisation and Settlement of Taiwan, 1684–1945: Land Tenure, Law and Qing and Japanese Policies (Routledge Studies in the Modern History of Asia)
by Ruiping YeThe dispossession of indigenous peoples by conquest regimes remains a pressing issue. This book, unlike most other books on the subject, contrasts two different colonial administrations – first the Chinese Qing Empire, then, from 1895, the Japanese. It shows how, under the Chinese legal system, the Qing employed the Chinese legal system to manage the relationship between the increasing numbers of Han Chinese settlers and the indigenous peoples, and how, although the Qing regime refrained from taking actions to transform aboriginal land tenure, nevertheless Chinese settlers were able to manipulate aboriginal land tenure to their advantage. It goes on to examine the very different approach of the Japanese colonial administration, which following the Meiji Restoration of 1868 had begun to adopt a Western legal framework, demonstrating how this was intentionally much more intrusive, and how the Japanese modernized legal framework significantly disrupted aboriginal land tenure. Based on extensive original research, the book provides important insights into colonisation, different legal traditions and the impact of colonial settlement on indigenous peoples.
The Colonisation and Settlement of Taiwan, 1684–1945: Land Tenure, Law and Qing and Japanese Policies (Routledge Studies in the Modern History of Asia)
by Ruiping YeThe dispossession of indigenous peoples by conquest regimes remains a pressing issue. This book, unlike most other books on the subject, contrasts two different colonial administrations – first the Chinese Qing Empire, then, from 1895, the Japanese. It shows how, under the Chinese legal system, the Qing employed the Chinese legal system to manage the relationship between the increasing numbers of Han Chinese settlers and the indigenous peoples, and how, although the Qing regime refrained from taking actions to transform aboriginal land tenure, nevertheless Chinese settlers were able to manipulate aboriginal land tenure to their advantage. It goes on to examine the very different approach of the Japanese colonial administration, which following the Meiji Restoration of 1868 had begun to adopt a Western legal framework, demonstrating how this was intentionally much more intrusive, and how the Japanese modernized legal framework significantly disrupted aboriginal land tenure. Based on extensive original research, the book provides important insights into colonisation, different legal traditions and the impact of colonial settlement on indigenous peoples.
Color Atlas and Manual of Microscopy for Criminalists, Chemists, and Conservators
by Nicholas Petraco Thomas KubicProfessionals in many disciplines, from archeology to forensic science and anthropology, must be able to identify organic and inorganic fibers and particles. In a single source, this book presents a range of simple methods to help readers quickly characterize and identify a broad range of materials. Covering substances such as hair and fibers, mine
Color Atlas of Forensic Medicine and Pathology
by Charles CataneseNow in its second edition, the best-selling Color Atlas of Forensic Medicine and Pathology is an easy-to-read reference covering forensic pathology principles, from basic to advanced concepts relating to all manners of death. Featuring over 1600 full-color images, including 400 more photographs than the first edition, this book provides unparalleled photographic illustration to enhance understanding for medical and non-medically trained personnel. Providing thorough visual demonstrations of postmortem changes of the human body, the book presents the different kinds of patterns produced in deaths resulting from Natural causes Diagnostic procedures Therapeutic procedures Substance abuse Poisoning Child abuse Firearms Blunt instruments Sharp instruments Burns Asphyxia The book also includes an entirely new section on histopathology. The text uses specific, detailed language to describe what is represented in each photo and to make side-by-side comparisons of similar but distinct pathologies. The Color Atlas of Forensic Medicine and Pathology, Second Edition is an invaluable professional reference for death investigators, medical examiners, and forensic pathologists.
Color Atlas of Forensic Medicine and Pathology
by Charles CataneseNow in its second edition, the best-selling Color Atlas of Forensic Medicine and Pathology is an easy-to-read reference covering forensic pathology principles, from basic to advanced concepts relating to all manners of death. Featuring over 1600 full-color images, including 400 more photographs than the first edition, this book provides unparalleled photographic illustration to enhance understanding for medical and non-medically trained personnel. Providing thorough visual demonstrations of postmortem changes of the human body, the book presents the different kinds of patterns produced in deaths resulting from Natural causes Diagnostic procedures Therapeutic procedures Substance abuse Poisoning Child abuse Firearms Blunt instruments Sharp instruments Burns Asphyxia The book also includes an entirely new section on histopathology. The text uses specific, detailed language to describe what is represented in each photo and to make side-by-side comparisons of similar but distinct pathologies. The Color Atlas of Forensic Medicine and Pathology, Second Edition is an invaluable professional reference for death investigators, medical examiners, and forensic pathologists.
Color Atlas of Forensic Toolmark Identification
by Nicholas PetracoIn the wake of the Daubert ruling, the use of forensic toolmark evidence in court has been problematic, in that the conclusions of forensic scientists as to toolmark origin often lack scientifically sound statistical proof. In the Color Atlas of Forensic Toolmark Identification, noted forensic expert Nicholas Petraco helps move toolmark examination
Color Atlas of the Autopsy
by Scott A. WagnerIn keeping with the spirit of the first edition, the second edition of this book displays the autopsy procedure in a step-wise, start-to-finish fashion. While the autopsy itself has changed little over the last 100 years, the adjunct procedures—toxicology, radiology, and DNA analysis, among others—have changed greatly. Original chapters are fully updated and modified to reflect changes in the last 15 years. Additionally, two new chapters have been added on natural death and organ/tissue donation.
Color Atlas of the Autopsy
by Scott A. WagnerIn keeping with the spirit of the first edition, the second edition of this book displays the autopsy procedure in a step-wise, start-to-finish fashion. While the autopsy itself has changed little over the last 100 years, the adjunct procedures—toxicology, radiology, and DNA analysis, among others—have changed greatly. Original chapters are fully updated and modified to reflect changes in the last 15 years. Additionally, two new chapters have been added on natural death and organ/tissue donation.
Color Blind Justice: Albion Tourgée and the Quest for Racial Equality from the Civil War to Plessy v. Ferguson
by Mark ElliottCivil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourgée battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourgée's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourgée's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourgée's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourgée and the principles to which he dedicated his life.
Color Blind Justice: Albion Tourgée and the Quest for Racial Equality from the Civil War to Plessy v. Ferguson
by Mark ElliottCivil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourgée battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourgée's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourgée's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourgée's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourgée and the principles to which he dedicated his life.
The Color of Creatorship: Intellectual Property, Race, and the Making of Americans
by Anjali VatsThe Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.