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How is monastic law practised in modern-day Sri Lanka? How do contemporary monastic jurists reckon with multi-legality? This chapter draws on archival and ethnographic research with Sri Lanka’s third-largest monastic community, the Rāmañña Nikāya, to answer these questions and explore the operation of monastic law today. It introduces readers to the Rāmañña constitution, court system, judicial training materials, jurisprudential texts and other features of monastic legal practice. It argues that monastic judges practise legal pluralism in ways that both resist and embrace the parallels between monastic and state law, engaging in a form of ‘double speak’ that, on the one hand, places monastic law ‘on the scale’ of Sri Lankan law while, at the same time, highlighting its superior, more-than-human status.
According to Dazai Shundai, the original purpose of Confucian teachings is to aid in governing the state, but Confucians since the Song dynasty have lost sight of this goal, focusing instead on cultivating the individual heart. The same misunderstanding of Confucian teachings has appeared in Japan as well, so the aim of the current work is to restore Confucianism to its proper role in Japan as a set of techniques for government.
The contradiction at the heart of the 1935 Saar plebiscite – its public perception as a tool of international peace, and its political reality as a Nazi triumph – would lead to the plebiscite playing a particularly ignoble role in the diplomacy leading to the 1938 Munich Pact, where the Saar plebiscite was a precedent literally written into the agreement dismembering Czechoslovakia. Consequently the reputation of the plebiscite soon collapsed, and during the Second World War it was not seriously entertained by the allies planning the post-war world. Although women as a whole were largely marginalised in these official peace planning organisations, Sarah Wambaugh’s connection to the now-discredited plebiscite served to marginalise her even further. At the same time, both Wambaugh and the post-war planners began to appreciate that the plebiscite’s component parts could be used to perform other tasks, including monitoring domestic elections and administering territory.
In a time of great contest and confusion over the future of democracy as a governing principle, the example of Abraham Lincoln continues to provide encouragement and direction about democracy’s viability in the face of immense challenges. In The Political Writings of Abraham Lincoln, Allen Guelzo brings into one volume Lincoln’s most famous political documents and speeches from his earliest days as a political candidate under the banner of the Whig Party, to his election and service as the first anti-slavery Republican president, from 1861 to 1865, and the nation’s leader in the fiery trial of civil war. While many anthologies of Lincoln’s political documents routinely concentrate on his presidential years or only on his anti-slavery writings, Guelzo concentrates on documents from Lincoln’s earliest political activity as an Illinois state legislator in the 1830s up through his presidency. The result is an accessible resource for students, researchers, and general readers.
From the medieval to the modern, King Arthur is habitually but not neccessarily associated with white male sovereignty authorised by violence against racially Othered peoples. Arthur is always raced but he is not essentially white. This chapter is interested in both the lacunae and the articulations of ‘race’ in Arthurian scholarship, and in what emerges when we pay attention to the racial Self as well as Others in medieval and modern Arthuriana. Situated in premodern critical race studies, and exploring African American Arthuriana in particular, the essay argues that paying attention to the embodiment of Arthur once again reveals the protean nature of race itself.
In a time of great contest and confusion over the future of democracy as a governing principle, the example of Abraham Lincoln continues to provide encouragement and direction about democracy’s viability in the face of immense challenges. In The Political Writings of Abraham Lincoln, Allen Guelzo brings into one volume Lincoln’s most famous political documents and speeches from his earliest days as a political candidate under the banner of the Whig Party, to his election and service as the first anti-slavery Republican president, from 1861 to 1865, and the nation’s leader in the fiery trial of civil war. While many anthologies of Lincoln’s political documents routinely concentrate on his presidential years or only on his anti-slavery writings, Guelzo concentrates on documents from Lincoln’s earliest political activity as an Illinois state legislator in the 1830s up through his presidency. The result is an accessible resource for students, researchers, and general readers.
How should scholars and policymakers think about legal pluralism? In this Conclusion, I reflect on that topic, insisting that analysts should move beyond the question of whether laws, themselves, are or are not compatible. Instead, they should look at the practices of legal pluralism that make such compatibility seem natural or permissible, exceptional or impossible. I argue that inter-legal harmony is not a technical feat, but a social, political, and emotional achievement – one that is often precarious. Legal pluralism, therefore, implicates more than just the ‘stuff’ of law, but involves the shifting and recursive processes that help us to assemble normative worlds, reckon with diverse obligations, and find meaningful pathways forward through a changing and complex life.
In a time of great contest and confusion over the future of democracy as a governing principle, the example of Abraham Lincoln continues to provide encouragement and direction about democracy’s viability in the face of immense challenges. In The Political Writings of Abraham Lincoln, Allen Guelzo brings into one volume Lincoln’s most famous political documents and speeches from his earliest days as a political candidate under the banner of the Whig Party, to his election and service as the first anti-slavery Republican president, from 1861 to 1865, and the nation’s leader in the fiery trial of civil war. While many anthologies of Lincoln’s political documents routinely concentrate on his presidential years or only on his anti-slavery writings, Guelzo concentrates on documents from Lincoln’s earliest political activity as an Illinois state legislator in the 1830s up through his presidency. The result is an accessible resource for students, researchers, and general readers.
According to Dazai Shundai, regulations governing people’s dress and their ceremonial guards and retinues are a way to visibly display distinctions in status, but appropriate systems for these are lacking in Tokugawa Japan. The military is a necessary complement to the civil in governing, but the samurai of Tokugawa Japan, who have lived in cities for several generations while receiving hereditary stipends, have lost the qualities of true warriors and would be of little use in an actual battle. To remedy this, samurai should be required to train in the martial arts.
This chapter engages with the scholarship of legal academics Upendra Baxi and Ratna Kapur. In conversation with the academics, I read two of their texts: ‘An Open Letter to the Chief Justice of India’ (OL) co-authored by Baxi and his colleagues Vasudha Dhagamwar, Raghunath Kelkar and Lotika Sarkar; and Subversive Sites: Feminist Engagements with Law in India (SS) co-authored by Kapur and her friend and colleague Brenda Cossman. I look at how, while addressing questions of gender, class and caste, the formation of the OL inhabited conversations between Baxi, his colleagues, a judge, and a tribal girl named Mathura, drawing on whose experiences the letter was written, in late-1970s post-Emergency India. I draw out from these conversations how Baxi shaped his role and responsibility in public life as a feminist law teacher and how, in doing so, he shaped mutual ties with his academic discipline of law. I locate my reading of Subversive Sites in the context of the legal academia from where Kapur and her co-author, Brenda Cossman, conceived the ideas and practices that informed the writing of their book. SS inhabited Kapur’s conversations in the early 1990s after the economic liberalisation of India, with her friend and colleague Cossman and the Indian women’s movement. Through these conversations, Kapur shaped her role and responsibility in public life as a post-colonial feminist legal scholar, and in doing so, formed mutual relations with her academic discipline of law.
In a time of great contest and confusion over the future of democracy as a governing principle, the example of Abraham Lincoln continues to provide encouragement and direction about democracy’s viability in the face of immense challenges. In The Political Writings of Abraham Lincoln, Allen Guelzo brings into one volume Lincoln’s most famous political documents and speeches from his earliest days as a political candidate under the banner of the Whig Party, to his election and service as the first anti-slavery Republican president, from 1861 to 1865, and the nation’s leader in the fiery trial of civil war. While many anthologies of Lincoln’s political documents routinely concentrate on his presidential years or only on his anti-slavery writings, Guelzo concentrates on documents from Lincoln’s earliest political activity as an Illinois state legislator in the 1830s up through his presidency. The result is an accessible resource for students, researchers, and general readers.
This chapter presents a case study of Canada, examining the intricate relationship between Indigenous peoples and the developments related to British, then Canadian, governance. It begins by exploring the historical and legal context within which Indigenous peoples exist in Canada, tracing the impact of colonization and the recognition of Indigenous rights. The chapter then investigates the potential for affirming these rights through treaties and trade agreements, highlighting the role of treaties in recognizing and protecting Indigenous rights and the opportunities and challenges presented by trade agreements for Indigenous economic development and self-determination. It further analyses the Canadian government’s efforts to domestically enforce the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the intersection of Canadian treaties with trade agreements. This chapter emphasizes the importance of ongoing dialogue, collaboration, and the implementation of measures aligned with UNDRIP principles to foster the recognition, empowerment, and well-being of Indigenous peoples within the Canadian context.