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Culture and the Question of Rights

Culture and the Question of Rights PDF Author: Charles Zerner
Publisher: Duke University Press
ISBN: 0822383810
Category : Business & Economics
Languages : en
Pages : 305

Book Description
This collection of ethnographic and interpretive essays fundamentally alters the debate over indigenous land claims in Southeast Asia and beyond. Based on fieldwork conducted in Malaysia and Indonesia during the 1980s and 1990s, these studies explore new terrain at the intersection of environmental justice, nature conservation, cultural performance, and the politics of making and interpreting claims. Calling for radical redefinitions of development and ownership and for new understandings of the translation of culture and rights in politically dangerous contexts—natural resource frontiers—this volume links social injustice and the degradation of Southeast Asian environments. Charles Zerner and his colleagues show how geographical areas once viewed as wild and undeveloped are actually cultural artifacts shaped by complex interactions with human societies. Drawing on richly varied sources of evidence and interpretation—from trance dances, court proceedings, tree planting patterns, marine and forest rituals, erotic poems, and codifications of customary law, Culture and the Question of Rights reveals the ironies, complexities, and histories of contemporary communities’ struggles to retain their gardens, forests, fishing territories, and graveyards. The contributors examine how these cultural activities work to both construct and to lay claim to nature. These essays open up new avenues for negotiating indigenous rights against a background of violence, proliferating markets, and global ideas of biodiversity and threatened habitat. Contributors. Jane Atkinson, Don Brenneis, Stephanie Fried, Nancy Peluso, Marina Roseman, Anna Tsing, Charles Zerner

Culture and the Question of Rights

Culture and the Question of Rights PDF Author: Charles Zerner
Publisher: Duke University Press
ISBN: 0822383810
Category : Business & Economics
Languages : en
Pages : 305

Book Description
This collection of ethnographic and interpretive essays fundamentally alters the debate over indigenous land claims in Southeast Asia and beyond. Based on fieldwork conducted in Malaysia and Indonesia during the 1980s and 1990s, these studies explore new terrain at the intersection of environmental justice, nature conservation, cultural performance, and the politics of making and interpreting claims. Calling for radical redefinitions of development and ownership and for new understandings of the translation of culture and rights in politically dangerous contexts—natural resource frontiers—this volume links social injustice and the degradation of Southeast Asian environments. Charles Zerner and his colleagues show how geographical areas once viewed as wild and undeveloped are actually cultural artifacts shaped by complex interactions with human societies. Drawing on richly varied sources of evidence and interpretation—from trance dances, court proceedings, tree planting patterns, marine and forest rituals, erotic poems, and codifications of customary law, Culture and the Question of Rights reveals the ironies, complexities, and histories of contemporary communities’ struggles to retain their gardens, forests, fishing territories, and graveyards. The contributors examine how these cultural activities work to both construct and to lay claim to nature. These essays open up new avenues for negotiating indigenous rights against a background of violence, proliferating markets, and global ideas of biodiversity and threatened habitat. Contributors. Jane Atkinson, Don Brenneis, Stephanie Fried, Nancy Peluso, Marina Roseman, Anna Tsing, Charles Zerner

Culture and the Question of Rights

Culture and the Question of Rights PDF Author: Charles Zerner
Publisher: Duke University Press
ISBN: 9780822328131
Category : Business & Economics
Languages : en
Pages : 308

Book Description
DIVA collection of ethnographic studies into the nature of power, language, and cultural politics within the context of Southeast Asian environments./div

Human Rights, Culture and the Rule of Law

Human Rights, Culture and the Rule of Law PDF Author: Jessica Almqvist
Publisher: Bloomsbury Publishing
ISBN: 1847310044
Category : Law
Languages : en
Pages : 256

Book Description
This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

We the People?

We the People? PDF Author: Irina Brittner
Publisher:
ISBN: 9783825347628
Category : Civil rights
Languages : en
Pages : 312

Book Description
The foundational vision of the U.S. polity as a "political edifice of liberty and equal rights" (Abraham Lincoln) has held immense symbolic power and bred both aspirations and discontent. It has served as the source for various interconnected, yet often also conflicting, narratives and discourses through which the question of human and civil rights in the U.S. has been constantly debated and re-negotiated. This volume investigates the U.S.-American culture of rights as it has evolved and continues to evolve throughout U.S. (legal) history as well as in U.S. literature and in popular culture. It demonstrates that the question of rights has been posed differently by members of the various groups and cultures that have historically constituted the United States, and that the answers to these questions changed significantly over time.

Cultural Rights as Collective Rights

Cultural Rights as Collective Rights PDF Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9004312021
Category : Law
Languages : en
Pages : 400

Book Description
Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.

Cultural Human Rights

Cultural Human Rights PDF Author: Francesco Francioni
Publisher: BRILL
ISBN: 9004162941
Category : Political Science
Languages : en
Pages : 381

Book Description
What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

Culture and the Question of Rights

Culture and the Question of Rights PDF Author: Charles Zerner
Publisher:
ISBN: 9786612920363
Category : Civil rights
Languages : en
Pages : 305

Book Description
A collection of ethnographic studies into the nature of power, language, and cultural politics within the context of Southeast Asian environments.

Beyond Rights Talk and Culture Talk

Beyond Rights Talk and Culture Talk PDF Author: Mahmood Mamdani
Publisher: New Africa Books
ISBN: 9780864864291
Category : Political Science
Languages : en
Pages : 180

Book Description
Rights in the post-reform era: Kimberle Crenshaw

Rights, Cultures, Subjects and Citizens

Rights, Cultures, Subjects and Citizens PDF Author: Susanne Brandtstädter
Publisher: Routledge
ISBN: 1317980999
Category : Social Science
Languages : en
Pages : 142

Book Description
This book questions the political logic of foregrounding cultural collectives in a world shaped by globalization and neoliberalization. Throughout the world, it is no longer only individuals, but increasingly collective "cultures" who are made responsible for their own regulation, welfare and enterprise. This appears as a surprising shift from the tenets of classical liberalism which defined the ideal subject of politics as the "unencumbered self"- the free, equal and self-governing individual. The increasing promotion and recognition of cultural rights in international legislation, multiculturalism, and public debates on "culture" as a political problem more generally indicate that culture has become a more central terrain for governance and struggles around rights and citizenship. On the basis of case studies from China, Latin America, and North America, the contributors of this book explore the links between culture, civility, and the politics of citizenship. They argue that official reifications of "culture" in relation to citizenship, and even the recognition of cultural rights, may obey strategies of governance and control, but that citizens may still use new cultural rights and networks, and the legal mechanisms that have been created to protect them, in order to pursue their own agendas of empowerment. This book was originally published as a special issue of Economy and Society.

Economic, Social, and Cultural Rights in International Law

Economic, Social, and Cultural Rights in International Law PDF Author: Eibe Riedel
Publisher: OUP Oxford
ISBN: 0191509582
Category : Law
Languages : en
Pages : 650

Book Description
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.