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Full-Text Articles in Law
Looted Cultural Objects, Elena Baylis
Looted Cultural Objects, Elena Baylis
Articles
In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
Theses and Dissertations
The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …
The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam
The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam
Dissertations, Theses, and Capstone Projects
The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …
Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough
Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough
Publications and Research
This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in …
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
Publications and Research
Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …
Colonialism And Cold Genocide: The Case Of West Papua, Kjell Anderson
Colonialism And Cold Genocide: The Case Of West Papua, Kjell Anderson
Genocide Studies and Prevention: An International Journal
Conventional understandings of genocide are rooted in the ‘Holocaust model’: intense mass killing directed at the immediate destruction of the group. Yet, such conceptions do not encompass cases of so-called “slow-motion” genocide, where the destruction of the group may occur over generations. The destruction of indigenous groups often follows such a pattern. This article examines the case of West Papua with a view to developing a new analytical model distinguishing high-intensity “hot” genocides, motivated by hate and the victims’ threatening nature, with low-intensity “cold genocides,” rooted in victims’ supposed inferiority.
“El No Murio, El Se Multiplico!” Hugo Chávez : The Leadership And The Legacy On Race, Cynthia Ann Mckinney
“El No Murio, El Se Multiplico!” Hugo Chávez : The Leadership And The Legacy On Race, Cynthia Ann Mckinney
Antioch University Dissertations & Theses
“Chávez, Chávez, Chávez: Chávez no murio, se multiplico!” was the chant outside the National Assembly building after several days of mourning the death of the first President of the Bolivarian Republic of Venezuela. This study investigates the leadership of Hugo Chávez and his legacy on race as seen through the eyes and experiences of selected interviewees and his legacy on race. The interviewees were selected based on familiarity with the person and policies of the leadership of Hugo Chávez and his legacy on race. Unfortunately, not much has been written about this aspect of Hugo Chávez despite the myriad attempts …