Alexandre Kedar, Ahmad Amara, and Oren Yiftachel
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9781503603585
- eISBN:
- 9781503604582
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503603585.001.0001
- Subject:
- Law, Comparative Law
It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of ...
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It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of Bedouins. This book sets to examine state claims by providing, for the first time, a thorough analysis of the legal geography of the Negev. It adopts critical scholarly perspectives, drawing on multidisciplinary sources from geography, law, history and the social sciences. The study defines the “Dead Negev Doctrine (DND)”—a set of legal arguments and practices founded on a manipulative use of Ottoman and British laws through which Israel constructed its own version of “'terra nullius”—the now repealed colonial doctrine denying indigenous land and political rights. The book systematically tests the doctrine, using systematic archival and geographic research, and focusing on key land cases, most notably the al-‘Uqbi claim in ‘Araqib. The analysis reveals that the DND is based on shaky, often distorted, historical and legal grounds, thereby wrongly denying land rights from the majority of the Negev Bedouins. The book then discusses the indigeneity of the Bedouins in the face of persistent state denial. It argues that international law and norms protecting indigenous peoples are highly applicable to the case of Negev Bedouins. The book then offers an overview of state and Bedouin proposals to resolve the dispute. It shows how alternative plans advanced by the Bedouins, based on the concepts of recognition and equality, provide the most promising path to resolve the protracted conflict.Less
It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of Bedouins. This book sets to examine state claims by providing, for the first time, a thorough analysis of the legal geography of the Negev. It adopts critical scholarly perspectives, drawing on multidisciplinary sources from geography, law, history and the social sciences. The study defines the “Dead Negev Doctrine (DND)”—a set of legal arguments and practices founded on a manipulative use of Ottoman and British laws through which Israel constructed its own version of “'terra nullius”—the now repealed colonial doctrine denying indigenous land and political rights. The book systematically tests the doctrine, using systematic archival and geographic research, and focusing on key land cases, most notably the al-‘Uqbi claim in ‘Araqib. The analysis reveals that the DND is based on shaky, often distorted, historical and legal grounds, thereby wrongly denying land rights from the majority of the Negev Bedouins. The book then discusses the indigeneity of the Bedouins in the face of persistent state denial. It argues that international law and norms protecting indigenous peoples are highly applicable to the case of Negev Bedouins. The book then offers an overview of state and Bedouin proposals to resolve the dispute. It shows how alternative plans advanced by the Bedouins, based on the concepts of recognition and equality, provide the most promising path to resolve the protracted conflict.
Michael A. Livingston, Pier Giuseppe Montaneri, and Francesco Parisi
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804774956
- eISBN:
- 9780804796552
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804774956.001.0001
- Subject:
- Law, Comparative Law
This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also ...
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This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also a definition of the field, together with an important contribution to the general literature on comparative law. It accomplishes this by describing an "Italian style" in doctrine, law, and interpretation—typical of the civil law but with several uniquely Italian elements—together with an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence.Less
This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also a definition of the field, together with an important contribution to the general literature on comparative law. It accomplishes this by describing an "Italian style" in doctrine, law, and interpretation—typical of the civil law but with several uniquely Italian elements—together with an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence.
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey (eds)
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780804787420
- eISBN:
- 9780804788861
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804787420.001.0001
- Subject:
- Law, Comparative Law
This collection of essays explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war. This relationship has long vexed the jurisprudential ...
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This collection of essays explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war. This relationship has long vexed the jurisprudential imagination. Historically the term “war crime” struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, there has been an emergence of the remarkable trend to the juridification of warfare, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it as a means in the service of legal goals. Law has emerged, then, as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify, and condemn.Less
This collection of essays explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war. This relationship has long vexed the jurisprudential imagination. Historically the term “war crime” struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, there has been an emergence of the remarkable trend to the juridification of warfare, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it as a means in the service of legal goals. Law has emerged, then, as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify, and condemn.
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey (eds)
- Published in print:
- 2010
- Published Online:
- June 2013
- ISBN:
- 9780804771696
- eISBN:
- 9780804777223
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804771696.001.0001
- Subject:
- Law, Comparative Law
The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan ...
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The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this book on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, this book offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.Less
The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this book on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, this book offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.
