Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.

Anthropologists widely agree that identities--even ethnic and racial ones--are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve as the impetus for the transformation of cultural practices and collective identity. Through ethnographic, historical, and legal analysis of successful claims to land by two neighboring black communities in the backlands of northeastern Brazil, Jan Hoffman French demonstrates how these two communities have come to distinguish themselves from each other while revising and retelling their histories and present-day stories. French argues that the invocation of laws by these related communities led to the emergence of two different identities: one indigenous (Xoco Indian) and the other quilombo (descendants of a fugitive African slave community). With the help of the Catholic Church, government officials, lawyers, anthropologists, and activists, each community won government recognition and land rights, and displaced elite landowners. This was accomplished even though anthropologists called upon to assess the validity of their claims recognized that their identities were "constructed." The positive outcome of their claims demonstrates that authenticity is not a prerequisite for identity. French draws from this insight a more sweeping conclusion that, far from being evidence of inauthenticity, processes of construction form the basis of all identities and may have important consequences for social justice.

Anthropologists widely agree that identities_even ethnic and racial ones_are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve

An award-winning sociologist, Charles Tilly has been equally influential in explaining politics, history, and how societies change. Tilly's newest book tackles fundamental questions about the nature of personal, political, and national identities and their linkage to big events--revolutions, social movements, democratization, and other processes of political and social change. Tilly focuses in this book on the role of stories, as means of creating personal identity, but also as explanations, true or false, of political tensions and realities. He uses well-known examples from around the world--the Zapatista rebellion, Hindu-Muslim conflicts, and other examples in which nationalism and other forms of group identity are politically pivotal. Tilly writes with the immediacy of a journalist, but the profound insight of a great theorist.

Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present.

In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.

This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

The notion that children constitute an important group of rights holders has gained increasing acceptance both domestically and internationally. Nevertheless, this rhetorical commitment to children's rights is not necessarily realised in practice. Now in its fourth edition, Fortin's Children's Rights and the Developing Law explores the extent to which law and policy in England promotes or undermines the rights of children. Fully revised and updated, this textbook uses current research on child development and welfare to reflect on the extent to which the law fulfils children's rights in a wide range of areas, including medical law, education and child poverty. These developments are measured again the domestic law and the UK's international obligations under, for example, the United Nations Convention on the Rights of the Child.

This book explores the relationship between state formation and political identities in the context of Sudan's conflict. Idris examines how hierarchy was historically constructed and politically institutionalized in the Sudan, acknowledging the centrality of the historical legacy of slavery and colonialism in Sudan's postcolonial crisis