Matching Items (3)
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- All Subjects: Human Rights
- Creators: Lauderdale, Pat
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
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
The objective of this study was to better understand promising pathways to realizing human rights norms in the context of rapidly developing cities, and the role that the courts play in this process. Scholars have already started to ask these larger questions of social transformation; however, there continues to be a need for further research since the answers are vast and context-dependent. In order to contribute to these larger conversations, this project examined a key social right in Delhi \u2014 the right to housing. This study relied on interviews with key actors in Delhi's housing sector as well as a review of housing rights cases in the Delhi High Court in order to understand what mechanisms various actors utilize in the context of Delhi to realize the human right to housing on the ground. These two types of data were compared and contrasted to past research on human rights scholarship, law and social literature, and studies on urbanization. Two frameworks from these bodies of knowledge, the MAPs framework developed by Haglund and Aggarwal (2011) and the triangular framework created by Gauri and Brinks (2008), were utilized in particular to analyze interview and court data. Overall, this study found that the courts in India are advocates for housing rights, but that their advocacy is often limited, cautious, and influenced by a pattern of bias against populations without legal title to land. This study also found that communities and their allies are often more successful in realizing the right to housing when they combine litigation with other non-legal social change mechanisms. Consequently, it appears that the role of the courts in realizing ESR in Delhi is both complicated and limited, which means that pathways toward ESR realization are more promising when they incorporate non-legal mechanisms alongside court action.
ContributorsHale, Nicole (Author) / Haglund, LaDawn (Thesis director) / Aggarwal, Rimjhim (Committee member) / Barrett, The Honors College (Contributor)
Created2016-05