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Articles 1 - 12 of 12
Full-Text Articles in Law
The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh
The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh
Theses and Dissertations
This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …
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 Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
Theses and Dissertations
The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …
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 …
Collective Healing Within Queer Paradoxes: Deconstructing Emotional Abuse In Lgbtq2sia* Communities To Cultivate More Accountable And Compassionate Worlds, Alexia Siebuhr
Cal Poly Humboldt theses and projects
Emotional abuses within LGBTQ2SIA* communities are rarely acknowledged as existing or often normalized. Through care and anti-oppression works, transformative justice models such as community and self-accountability have helped carve out ways of addressing harm directly and breaking cycles of violence. The research in this thesis has been through mixed qualitative methodologies including semi-structured interviews and surveys. The participants' along with other authors, artists, activists and scholars’ narratives draws upon the experiences of emotional abuse lived within structural and social surveillance. The settler colonial state sanctioned projects have responded to harm by perpetuating violence upon those most marginalized. Deconstructing emotional abuse …
The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes
The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes
Dissertations, Theses, and Capstone Projects
After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920, …
Bodies And Borders: Navigating Colonial And Capitalist Desires In Trinidad And Tobago, Hannah Grosberg
Bodies And Borders: Navigating Colonial And Capitalist Desires In Trinidad And Tobago, Hannah Grosberg
Senior Theses and Projects
Colonialism/capitalism1 continue to create and exploit a dehumanised labour population in the pursuit of profit and power. The current formation of such a population is formed through heterosexist, xenophobic and racist ideologies revealed in the discourses and practises surrounding the (mis)treatment of refugees, as well as sex tourism and human trafficking in Trinidad and Tobago. The legal backbone of these three modern expressions of colonialism/capitalism in Trinidad and Tobago are the Sexual Offenses Act, the Trafficking in Persons Act, and the Immigration Act. In effect, undocumented migrants, refugees, and sex workers are criminalised, barred access to human rights, and become …
Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland
Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland
Senior Projects Spring 2018
Senior Project submitted to The Division of Social Studies of Bard College
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart
Master's Theses
This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence via …
The Role Of Colonialism And Neo-Colonialism In Shaping Anti-Terrorism Law In Comparative And International Perspectives: Case Studies Of Egypt And Tunisia, Fatemah Alzubairi
The Role Of Colonialism And Neo-Colonialism In Shaping Anti-Terrorism Law In Comparative And International Perspectives: Case Studies Of Egypt And Tunisia, Fatemah Alzubairi
PhD Dissertations
Contemporary anti-terrorism legislation has raised concerns about the global evolution of law and crime control. National and global anti-terrorism frameworks include broad definitions of terrorist crimes and exceptional measures, which risk violating the rule of law and criminal justice. While these frameworks have been broadened since 9/11, the experience of the Arab world shows that wide sweeping anti-terrorism frameworks existed well before this time. This dissertation investigates the origin of current anti-terrorism laws and measures, arguing that colonialism and neo-colonialism contributed to the shaping of counter-terrorism law and policy in two case studies: Egypt and Tunisia. The investigation considers the …
The Failure Of The Canadian Human Rights Regime To Provide Remedies For Indigenous Peoples: Enough Time Has Passed, Jeffery Gordon Hewitt
The Failure Of The Canadian Human Rights Regime To Provide Remedies For Indigenous Peoples: Enough Time Has Passed, Jeffery Gordon Hewitt
LLM Theses
In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, a multi-fold increase has occurred in the number of complaints filed with the Human Rights Commission of Canada from dozens to hundreds. The first such significant complaint to be heard by the Canadian Human Rights Tribunal was filed by the First Nation Child and Family Caring Society along with the Assembly of First Nations (the Complaint). The Complaint alleges Canada's funding with respect to First Nation …
The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko
The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko
LLM Theses
The various post-colonial armed conflicts bedeviling Third World States have claimed numerous lives and properties, drained its resources, displaced millions and have put the territory’s development move on the reverse gear. This thesis, from the theoretical perspective of Third World Approaches to International Law (“TWAIL”) is a contribution to the various on-going discussions on the roles that colonialism played in triggering bitter conflicts, confusion, and unhealthy rivalries amongst Third World peoples. Not losing sight of the internal dimensions to these conflicts, the thesis also examines the degree of contributions by some power-drunk and despotic Third World governments to these conflicts. …