Domestic Violence and the Law in Colonial and Postcolonial Africa

Domestic Violence and the Law in Colonial and Postcolonial Africa
Author: Emily S. Burrill
Publisher: Ohio University Press
Total Pages: 315
Release: 2010-08-15
Genre: History
ISBN: 0821443453

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Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex. Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination. African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.

Domestic Violence and the Law in Colonial and Postcolonial

Domestic Violence and the Law in Colonial and Postcolonial
Author: Emily S. Burrill
Publisher: Ohio University Press
Total Pages: 315
Release: 2010-09-14
Genre: Family & Relationships
ISBN: 0821419285

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Elizabeth Thornberry is a doctoral candidate in African history at Stanford University. --Book Jacket.

The Blackwell Companion to Law and Society

The Blackwell Companion to Law and Society
Author: Austin Sarat
Publisher: John Wiley & Sons
Total Pages: 688
Release: 2008-04-15
Genre: Social Science
ISBN: 047069291X

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The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.

Law and Disorder in the Postcolony

Law and Disorder in the Postcolony
Author: Jean Comaroff
Publisher: University of Chicago Press
Total Pages: 368
Release: 2008-09-15
Genre: Social Science
ISBN: 0226114104

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Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.

Keeping Hold of Justice

Keeping Hold of Justice
Author: Jennifer Balint
Publisher: University of Michigan Press
Total Pages: 219
Release: 2020-02-17
Genre: Political Science
ISBN: 0472131680

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Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.

Gender, Violence and Criminal Justice in the Colonial Pacific

Gender, Violence and Criminal Justice in the Colonial Pacific
Author: Kate Stevens
Publisher: Bloomsbury Publishing
Total Pages: 301
Release: 2024-07-25
Genre: History
ISBN: 1350275557

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Centering on cases of sexual violence, this open access book illuminates the contested introduction of British and French colonial criminal justice in the Pacific Islands during the late 19th and early 20th centuries, focusing on Fiji, New Caledonia, and Vanuatu/New Hebrides. It foregrounds the experiences of Indigenous Islanders and indentured laborers in the colonial court system, a space in which marginalized voices entered the historical record. Rape and sexual assault trials reveal how hierarchies of race, gender and status all shaped the practice of colonial law in the courtroom and the gendered experiences of colonialism. Trials provided a space where men and women narrated their own story and at times challenged the operation of colonial law. Through these cases, Gender, Violence and Criminal Justice in the Colonial Pacific highlights the extent to which colonial bureaucracies engaged with and affected private lives, as well as the varied ways in which individuals and communities responded to such intrusions and themselves reshaped legal practices and institutions in the Pacific. With bureaucratic institutions unable to deal with the complex realities of colonial lives, Stevens reveals how the courtroom often became a theatrical space in which authority was performed, deliberately obscuring the more complex and violent practices that were central to both colonialism and colonial law-making. Exploring the intersections of legal pluralism and local pragmatism across British and French colonialization in the Pacific, this book shows how island communities and early colonial administrators adopted diverse and flexible approaches towards criminal justice, pursuing alternative forms of justice ranging from unofficial courts to punitive violence in order to deal with cases of sexual assault. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by University of Waikato, New Zealand.

Witchcraft and Colonial Rule in Kenya, 1900–1955

Witchcraft and Colonial Rule in Kenya, 1900–1955
Author: Katherine Luongo
Publisher: Cambridge University Press
Total Pages: 265
Release: 2011-09-26
Genre: History
ISBN: 1139503456

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Focusing on colonial Kenya, this book shows how conflicts between state authorities and Africans over witchcraft-related crimes provided an important space in which the meanings of justice, law and order in the empire were debated. Katherine Luongo discusses the emergence of imperial networks of knowledge about witchcraft. She then demonstrates how colonial concerns about witchcraft produced an elaborate body of jurisprudence about capital crimes. The book analyzes the legal wrangling that produced the Witchcraft Ordinances in the 1910s, the birth of an anthro-administrative complex surrounding witchcraft in the 1920s, the hotly contested Wakamba Witch Trials of the 1930s, the explosive growth of legal opinion on witch-murder in the 1940s, and the unprecedented state-sponsored cleansings of witches and Mau Mau adherents during the 1950s. A work of anthropological history, this book develops an ethnography of Kamba witchcraft or uoi.

The Art of Emergency

The Art of Emergency
Author: Chérie Rivers Ndaliko
Publisher: Oxford University Press
Total Pages: 272
Release: 2020-01-03
Genre: Music
ISBN: 0190692340

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The Art of Emergency charts the maneuvers of art through conflict zones across the African continent. Advancing diverse models for artistic and humanitarian alliance, the volume urges conscientious deliberation on the role of aesthetics in crisis through intellectual engagement, artistic innovation, and administrative policy. Across Africa, artists increasingly turn to NGO sponsorship in pursuit of greater influence and funding, while simultaneously NGOs-both international and local-commission arts projects to buttress their interventions and achieve greater reach and marketability. The key values of artistic expression thus become "healing" and "sensitization," measured in turn by "impact" and "effectiveness." Such rubrics obscure the aesthetic complexities of the artworks and the power dynamics that inform their production. Clashes arise as foreign NGOs import foreign aesthetic models and preconceptions about their efficacy, alongside foreign interpretations of politics, medicine, psychology, trauma, memorialization, and so on. Meanwhile, each community embraces its own aesthetic precedents, often at odds with the intentions of humanitarian agencies. The arts are a sphere in which different worldviews enter into conflict and conversation. To tackle the consequences of aid agency arts deployment, volume editors Samuel Mark Anderson and Chérie Rivers Ndaliko assemble ten case studies from across the African continent employing multiple media including music, sculpture, photography, drama, storytelling, ritual, and protest marches. Organized under three widespread yet under-analyzed objectives for arts in emergency-demonstration, distribution, and remediation-each case offers a different disciplinary and methodological perspective on a common complication in NGO-sponsored creativity. By shifting the discourse on arts activism away from fixations on message and toward diverse investigations of aesthetics and power negotiations, The Art of Emergency brings into focus the conscious and unconscious configurations of humanitarian activism, the social lives it attempts to engage, and the often-fraught interactions between the two.

States of Marriage

States of Marriage
Author: Emily S. Burrill
Publisher: Ohio University Press
Total Pages: 263
Release: 2015-04-30
Genre: Social Science
ISBN: 0821445146

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States of Marriage shows how throughout the colonial period in French Sudan (present-day Mali) the institution of marriage played a central role in how the empire defined its colonial subjects as gendered persons with certain attendant rights and privileges. The book is a modern history of the ideological debates surrounding the meaning of marriage, as well as the associated legal and sociopolitical practices in colonial and postcolonial Mali. It is also the first to use declassified court records regarding colonialist attempts to classify and categorize traditional marriage conventions in the southern region of the country. In French Sudan, as elsewhere in colonial Africa, the first stage of marriage reform consisted of efforts to codify African marriages, bridewealth transfers, and divorce proceedings in public records, rendering these social arrangements “legible” to the colonial administration. Once this essential legibility was achieved, other, more forceful interventions to control and reframe marriage became possible. This second stage of marriage reform can be traced through transformations in and by the colonial court system, African engagements with state-making processes, and formations of “gender justice.” The latter refers to gender-based notions of justice and legal rights, typically as defined by governing and administrative bodies as well as by socioxadpolitical communities. Gender justice went through a period of favoring the rights of women, to a period of favoring patriarchs, to a period of emphasizing the power of the individual—but all within the context of a paternalistic and restrictive colonial state.