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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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The Role of Law in Corporate Accountability

Stuart Kirsch

to protect its citizens and nature against corporate malfeasance are imagined in new ways (Affolter, this issue). Collectively, the articles explore the role of law in managing relations between corporations, communities, and the state, including

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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

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Claims of Need in Property Law and Politics

Patrick Cockburn

of necessity with the threat of anarchy : But when and how far is the plea of necessity available to one who is prima facie guilty of tort? Well, one thing emerges with clarity from the decisions and that is that the law regards with the deepest

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“You're a Trickster”

Mockery, Egalitarianism, and Uncertainty in Northeastern Namibia

Megan Laws

Abstract

The trickster has held a prominent place in the study of folklore, as much as it has been central to anthropological understandings of egalitarianism. In both, the trickster embodies an insoluble tension between the repressed, amoral desires of the individual and the moral demands of social life. This tension, so it goes, is visible in the ambiguity of the figure—a protean indeterminate being, neither good nor bad. Among the Jú|’hoànsi of northeastern Namibia, the trickster is similarly ambiguous. The figure conveys not a clash of values, but rather the doubt and uncertainty people feel toward those with whom they share resources, or about different ways of sharing and how they might relate to one another. This article approaches such uncertainty through a focus on the mocking phrase “you're a trickster” and the moral discourses that accompany it.

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The Rule of Law as a Condition for Development Toward Sustainability

Toward a New Legally Oriented Environment at a Global Level

Giovanni Tartaglia Polcini

Cooperation (IDC) is also supporting the rule of law in Africa together with the International Development Law Organization (IDLO) by generating greater awareness and political commitment. So, Italy intends to develop an innovative and up-to-date approach

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Everyday Suffering and the Abstract Time-Reckoning of Law

Reflections on the Allocation of Responsibility for an Asbestos Disaster in Italy

David Loher

-of-court settlements, or compensation payments in the context of tort cases under civil law. This article explores how colloquial notions of responsibility and expectations of justice are related to each other. 3 It focuses on one particular aspect that shapes such

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Liberty, Law and Leviathan

Of Being Free from Impediments by Artifice

Lena Halldenius

The argument in this article is that Hobbes' theory of freedom in Leviathan allows for four ways of being free to act - corporal freedom by nature, freedom from obligation by nature, the freedom to disobey and the freedom of no-rule - each corresponding to a particular absence, some of which make sense only in the civil state. Contrary to what some have claimed, this complexity does not commit Hobbes to an unarticulated definition of freedom in tension with the only one that he explicitly offers, which is that freedom consists of nothing other than the absence of external impediments of motion. To be free from obligation is to be free from impediments. As a political subject in the state, the power that is blocked or compelled by law is a person's power to perform artificial acts as her will directs. Laws and prior commitments are external impediments that block or compel making an artificial, institution-dependent act either impossible or unavoidable. The bonds of law bind artificially yet corporally, given that the power that makes them is, quite literally, an external body that moves at will.

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Using International Criminal Law to Resist Transitional Justice

Legal Rupture in the Extraordinary Chambers in the Courts of Cambodia

Mikael Baaz and Mona Lilja

law committed between 17 April 1975 and 6 January 1979. The actual criminal proceedings in the ECCC eventually started in mid-2007 (see further Baaz 2015a , 2015b ). Besides providing justice to the Cambodian people, the trials in the ECCC are also