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Description
Over the past decades, Colombian society has endured the impact of a longstanding political conflict among different actors and outrageous expressions of violence, especially among left wing guerrillas, right wing paramilitary groups and the state government. Drawing on socio-legal studies in transitional justice and human rights, this research attempts to analyze the recent experience of transitional justice in Colombia. The main purpose of this research is to understand how political, institutional and social actors, especially the government, the courts, the human rights and transitional justice NGOs, and victims associations, frame the mechanisms of transitional justice and use legal instruments to transform the conflict and reach what they consider "justice." It also attempts to understand the relations between politics and law in the context of a hegemonic discourse of security and give account of the expressions of resistance of human rights networks. In doing so, this research advances theory on literature about law and society and transitional justice by means of applying and expanding the theoretical framework of socio-legal research via the process of transitional justice in Colombia. The dissertation presents information gathered in the field in Colombia between July 2009 and July 2010 through a qualitative research design based on document analysis and in-depth interviews with members of different international and domestic human rights organizations, victims' organizations and national institutions. The research explains how these organizations combined political and legal actions in order to contest a project of security, and more specifically a project of impunity that came from negotiations with the paramilitary groups. The research also explains how the human rights networks not only mobilized internationally to gain political support from the international community, but also how these organizations contributed to transform the political debate about victims' rights. The research also explains how the human rights organizations and victims' groups articulated the global discourse on human rights and the local and domestic meanings constructed by the emerging movements of victims. Finally, the research analyses the relevance of legal practices consisting on strategic use of law in order to protect the victims of human rights violations.
ContributorsGomez Sanchez, Gabriel (Author) / Lauderdale, Pat (Thesis advisor) / Vanna, Gonzales (Committee member) / Ladawn, Haglund (Committee member) / Jeffrey, Juris (Committee member) / Arizona State University (Publisher)
Created2011
Description
In The Archive and the Repertoire, Diana Taylor discusses how performance, gestures, resistances within a community holds an embodied memory and enacts the transmission of knowledge within that community. Taylor discusses how this embodied memory is alternative to the written archive of history, history of interaction, history of meaning, history of language. Through the consideration of performance, Taylor urges her reader to reconsider oral and performative transmission of culture, knowledge, customs, traditions, and resistance. This project considers whether this reconsideration can be extended or expanded to oral and performative transmission of law within a community. Specifically, this research explores the conflict between the project of nationality and the reality of social organizing on a community/collective level. It asserts that this conflict is manifested most dramatically within border communities. The dissertation examines how the role of written law in the borderlands divides land and inhabitants and reconstructs a new understanding of the borderlands through oral histories and resistance by border communities. The overall goal of the dissertation is to challenge current scholarship to address the conceptual and sociopolitical task of a world in which legal representations and abstractions supersede the complex reality of community relations. As legal anthropologist Sally Falk Moore identified, we must consider carefully whether or not law controls the social context and what this means for our own definitions of community, what are the boundaries and borders of communities, and the seemingly limitedness of social interaction that becomes based on such legal definitions. The dissertation analyzes the defining disconnect of law from the social context that manifests itself amongst border communities along the U.S.-Mexico border. By exploring how law creates, sustains, molds, and connects the phenomenon of sovereignty, economy, and international borders, we can begin to understand how actions of border communities along the U.S.-Mexico border define the disconnect of law from the social context by redefining community itself.
ContributorsNatividad, Nicholas (Author) / Lauderdale, Pat (Thesis advisor) / Quan, Helen T. (Thesis advisor) / Gomez, Alan E. (Committee member) / Tsosie, Rebecca (Committee member) / Arizona State University (Publisher)
Created2012
Description
Despite the changing social, legal, and political context in influencing the definition of mental disability, medical scholarship has maintained its position as the primary reference to interpret mental disability in the immigration system. This preliminary study examines the role of medical scholarship in attributing to the exclusion of undesired immigrants through its definition of mental disability. This paper focuses upon immigration cases to determine the patterns that emerge when immigration intersects with mental disability. The data consists of four immigration court cases in 1951-1985, 1986-2005, 2006-2015, which mark the shift of immigration policy in the United States of America (US). The court documents are collected from websites that provide online access to these documents. The examination of the cases focuses on three important criterions: a summary of cases, mental disability circumstances, and judges’ considerations. This paper uses the analysis of political deviance in courtroom settings to get an understanding of the shift in the definition of mental disability in the immigration court by tracing economic, political, and social environments that are intertwined and relevant in creating a ‘mental disabilitiy’ definition. This study suggests that medical scholarship has historically become powerful in shaping mental disability as a form of social control. From historical and case analysis, there have been changes in policies and processes toward immigrants appear to take place in the aftermath of major events—World War II, AIDS epidemic, 9/11 terrorist attack, and now Covid-19 pandemic. Preliminary examination of documented cases suggests future analysis could look at how these major events shape immigration processes and policies that more heavily rely on definitions of mental illness and use competency to stand trial proceedings to indefinitely detain people.
ContributorsArifianti, Estu Dyah (Author) / Lauderdale, Pat (Thesis advisor) / Lauderdale, Annamaria (Committee member) / Swadener, Elizabeth (Committee member) / Arizona State University (Publisher)
Created2020
Description
The life of Jean-Michel Basquiat is often misinterpreted in artistic discourse. From a social justice perspective, Basquiat's work is not merely art. Despite the symbolism and subject matter open for analysis, Basquiat articulated the self in relation to nuances of race, socio-economy, and historical scripts based upon real relations and conditions. Of the genre of Neo-Expressionism without a disciplined schooling in art, Jean-Michel is categorized as 'primitive' in style and form, labeled the "first black artist." Beyond the art world's possessive confines and according to post-colonial aesthetics, Jean-Michel articulates the existence of a learning self. With a pedagogical lens, a process of becoming an "artist" deepened Basquiat's expressions of self in relation to a “white” art world, which typically restricted the artist to specific categories and definitional parameters.
While recognition of the "artist" highlights the limitations of 'public' and 'self' in pedagogy, learning of the self through Neo-Expressionism is contingent upon articulating a situated existence among particular "publics," with regard to time and place. Variable dimensions of recognition create a fragmented self with transitional 'stages' and a series of acute shifts re-establish the definitional boundaries of art, definers, and ultimately the self and “Other”. These shifts continuously create new margins of the avant-garde and the self is redefined by art and discourse to sustain capital inflow, thereby replicating the colonial nature of capitalism with regard to communication, material and discovery, and “Other”. The process eschews a realized finality while expression as a relational communication of the situated persona redefines one's identity and demarcates a value of the self.
While recognition of the "artist" highlights the limitations of 'public' and 'self' in pedagogy, learning of the self through Neo-Expressionism is contingent upon articulating a situated existence among particular "publics," with regard to time and place. Variable dimensions of recognition create a fragmented self with transitional 'stages' and a series of acute shifts re-establish the definitional boundaries of art, definers, and ultimately the self and “Other”. These shifts continuously create new margins of the avant-garde and the self is redefined by art and discourse to sustain capital inflow, thereby replicating the colonial nature of capitalism with regard to communication, material and discovery, and “Other”. The process eschews a realized finality while expression as a relational communication of the situated persona redefines one's identity and demarcates a value of the self.
ContributorsDiffie, Dillon (Author) / Lauderdale, Pat (Thesis advisor) / Vicenti Carpio, Myla (Committee member) / Swadener, Beth Blue (Committee member) / Arizona State University (Publisher)
Created2017