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Law in Theory, Law in Practice

Legal Orientalism and French Jesuit Knowledge Production in India

Danna Agmon

knowledge that is then sent back to the metropole. Today he is collating information about Indian law, categorizing, explicating, and sending it to a legal scholar in Paris, one eager for knowledge of the exotic East. Orientalist discourse about a reified

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Law and Liberation

Critical Notes on Agamben’s Political Messianism

Jayne Svenungsson

argue that in one respect Agamben does repeat a typical supersessionist gesture, namely in pitting law against grace and thereby counterposing law to liberation. In so doing, Agamben not only fails to do justice to an essential element in Jewish

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Arjun Guneratne

This paper examines the emergence in Sri Lanka of transcultural thinking about environmental issues as well as the activism it engenders by examining the role of the Anglophone Sri Lankan elite as the chief protagonists historically of environmentalism in the country. It also examines one of Sri Lanka's leading NGOs, Environmental Foundation Ltd. (EFL) as an example of the activism of this class. EFL's perspective on environmental issues has its origins in the transformations wrought by colonialism in the country's class structure and in the introduction of European ideas of nature to the country's newly emergent middle-class. Modelled on the Natural Resources Defense Council of the United States, EFL was a new kind of environmental organization in Sri Lanka and a response to globalization and Sri Lanka's increasing integration into the global economy. Unlike the handful of environmental NGOS that existed in the late seventies, which were essentially pressure groups, EFL was conceived, on the model of NRDC, as a public interest law firm, and drew on international models to frame its arguments about the application of the law in the cause of environmental protection. This paper examines how these various factors—the social class of the activists and the processes of institution building—shaped a cosmopolitan environmental discourse in Sri Lanka whose roots lie in urban Sri Lankan middle class culture as it emerged and was transformed during colonial rule and in the various discourses of globalization that have been drawn on by Sri Lankan activists to craft their own arguments.

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Alain Chatriot

In contrast to the "official history" of the Conseil d'État that presents it as a prestigious and neutral institution, new work ought to reflect on how the grand corps of the Conseil d'État has been implicated in the major issues and crises of French political history, especially in the twentieth century. Drawing on recent historiography, this article focuses in particular on the Conseil d'État during World War II and the Algerian War. It also analyzes the variety of everyday practices of the Conseil d'État and its role in the development of administrative law. Finally, this article examines the professional careers of the members of the grand corps that have staffed this institution. It thus seeks to chart, through the study of a single institution, a path for writing the political history of the state administration that engages with the work of legal scholars as well as political scientists.

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Slave Flight, Slave Torture, and the State

Nineteenth-Century French Guiana

Miranda Spieler

This article explores the relationship between law and violence against slaves in nineteenth-century French Guiana. Drawing on unpublished sources from the colonial archives, Spieler examines the linked problems of slave abuse and slave flight to understand the evolving character of the French imperial state in the aftermath of the Napoleonic Wars. In the early nineteenth century, after the abolition of the slave trade, imperial administrators in Guiana contested the proprietary privileges of masters and lay claim to the right to punish slaves. During the 1820s and 1830s, slave testimony—especially the testimony of abused slaves (inside and outside the courtroom)—became unexpectedly central to this dispute between masters and administrators about the source of legitimate violence and the meaning of imperial sovereignty.

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William A. Quinn

…incerto tempore ferme incertisque locis spatio depellere paulum [at random times and places they shift a bit] Lucretius, De Rerum Natura (II, 218–219) Chaucer’s ‘The Man of Law’s Tale’ is strange. In the Riverside edition, Larry

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Inside and Outside the law

Negotiated Being and Urban Jouissance in the Streets of Beirut

Ghassan Hage

of what gives Lebanon’s periodic civil wars their particularly chaotic form. “Shoo hal fawda b’hal balad!” (What a chaotic nation this is!), “Ma fi nazam b’hal balad!” (There is no law and order in this nation!), and “Ma fi dawleh!” (There is no state

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Niki Megalommati

. Available sources—imperial law, histories and chronicles, hagiographies, and archival documents—were written mainly by males; female-authored texts are rare in Byzantine literature. Social stratification also operates against attempts to create a consistent

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Gilad Ben-Nun

stipulations of Roman law. Lastly, I wish to demonstrate the difference with which both of these legal systems address forced migrants from both categories. In search for the definitional difference between these two categories of displaced people as they

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Life at a Tangent to Law

Regulations, ‘Mistakes’ and Personhood amongst Kigali’s Motari

Will Rollason

knowing stupidity. Thus, André could be seen as resisting legality, trying to avoid the problems of visibility and legibility ( Scott 1998 ) that the law imposes and the risk of serious difficulties that it might entail. In Rwandan studies, such accounts