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‘Is Anthropology Legal?’

Anthropology and the EU General Data Protection Regulation

Cassandra Yuill

legislation and tackle the issues and challenges born at the interface of new regulatory frameworks, technological advancements and anthropological fieldwork. In this article, I set out to report and reflect on the workshop and the possible futures, both

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Mordechai Kremnitzer and Shiri Krebs

Democracy is not just about free and fair elections. It requires at least some minimal substantial guarantees, such as freedom of speech and freedom of assembly, that formulate and enable free choice of autonomous and equal agents. These notions are well founded in Israeli constitutional law, but in recent years it seems that this basic understanding of the democratic process is weakening, especially as reflected in the actions of the Knesset. Several recent examples of Knesset legislation processes suggest that Israeli democratic culture is being eroded, as some of democracy’s fundamental notions are abandoned in favor of national-chauvinism and intolerance.

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Transforming Museums and Heritage in Postcolonial and Post-Apartheid South Africa

The Impact of Processes of Policy Formulation and New

Gerard Corsane

In post-apartheid South Africa, the traditional understandings of museums and heritage have been challenged in terms of how meaning making, heritage construction, and knowledge production were conducted in the colonial past. In a series of processes of transformation, new approaches to museum action and heritage management have begun to take shape and develop in South Africa. Central to all of this have been the processes of policy formulation and new legislation that have provided the impetus for change. The aim of this article is to briefly chart some of these processes and the subsequent legislation that have begun to affect the ways in which South African heritage and museums are being reconfigured in a postcolonial and post-apartheid era. This policy formulation and the new legislation have focused on extending what is considered to be heritage by including intangible cultural heritage. It has also looked at empowering local communities, with an emphasis on sustainable development.

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Anat Maor

Very little research has been conducted on the functioning of the Israeli Parliament (the Knesset) in general and on private members' legislation in particular. This article contributes to the perception of the role of the legislator as political initiator in modern parliamentarism.

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The Europeanization of Citizenship

Conceptual Innovations, Legal Changes, and Development of New Institutional Practices

Claudia Wiesner

The development of citizenship in the framework of European integration has been marked by conceptual innovations. This article concentrates on three of its elements: antidiscrimination rights, the concept of Union Citizenship, and the right to free movement. In these cases, either concepts were newly coined, or already-established concepts were newly interpreted in the context of the European Union by the European Commission or by the Council. In a second step, they were then incorporated into new EU citizenship laws and then transferred into national legislation and national political and administrative practice. During the implementation phase in the member states, the innovations often led to conflicts related to the interpretation of the new concepts in political and administrative practice. The article discusses the related processes as a pattern of conceptual innovation by law making that is typical for the EU.

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Thinking through Surrogacy Legislation in India

Reflections on Relational Consent and the Rights of Infertile Women

Maya Unnithan

As its main focus the article is concerned with explaining the proposed Indian Assisted Reproductive Technologies (ART) Bill 2010 (2008), and in particular discusses some of its limitations using a relational conception of consent and autonomy. It is argued that two major limitations arise from, firstly, the way the Bill attempts to introduce ‘universal’ notions of informed consent into a cultural context of socially determined decisionmaking, resulting in the failure to safeguard the welfare of Indian surrogates. A second limitation is that the proposed law entitles only some poor women (surrogates) in India to realise access to quality medical healthcare services compared to others (poor, infertile women). Given the significant class and gender based inequalities which frame reproductive healthcare service delivery in the country, legally guaranteed access to health services for surrogates becomes a privilege where the rights of some individuals and couples to reproduce and exercise procreative agency is valued and not others. The article argues that the Bill must give due consideration to the complex, relational and highly stratified contexts in which women undertake childbearing in India to understand why legally comprehensive consent procedures can co-exist with violations of personhood in practice. Without such consideration the article suggests that injustice toward infertile women can become part of the same legal process wherein overcoming infertility is recognised as a right.

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Conflicting Notions of Continuity and Belonging

Assisted Reproduction, Law, and Practices in Norway

Marit Melhuus

This article explores the interface between law, technology, and practices. More specifically, it addresses how biotechnologies—in particular, reproductive technologies—move people in different ways. Taking as its point of departure certain restrictions in the Norwegian biotechnology law, it explores changes in procreative practices and their implications for understandings of notions of belonging. This is tied to a gradual shift in meaning of the concepts of paternity and maternity, which in turn has ramifications for kinship and hence fundamental ideas of relatedness. Two premises underpin the arguments: first, that law is a cultural artifact productive of meaning, and, second, that as a social phenomenon, biotechnologies bring to the fore fundamental moral dilemmas.

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The Status of the Jews in Roman Legislation

The Reign of Justinian 527–565 CE

Catherine Brewer

The reign of Justinian (527–565 CE) was a period of significant legal activity: his administration produced two versions of the Justinian Code, the first in 529, and a second, revised version in 534. This code was designed to bring together all the laws that had been collected in earlier codes and those enacted since the last, the Theodosian Code of 438. In the process of compilation, obsolete or duplicate laws were removed, while the remaining laws were substantially edited. The Justinian Code remained in force in the Eastern Empire until the ninth century, while in the West it became influential in the twelfth century as the primary source of information about Roman law. The Justinian Code contains thirty-three laws relating to Jews. Additional laws are found in the Digest compiled in 533, which condensed and ordered the work of the Roman jurists, and in the Novels (new laws) of Justinian issued during his reign.

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“Clear and Present Danger”

The Legacy of the 1917 Espionage Act in the United States

Petra DeWitt

Act have concentrated on the legislation’s direct impact: the suspension of speech and press during the war and its immediate aftermath, the First Red Scare. 2 In contrast, taking the long-term perspective by tracing the act’s evolution over time

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Helen A. Robbins and Leigh Kuwanwisiwma

While repatriation legislation in the United States was always intended to be restorative, the highly ritualized, bureaucratic processes involved often serve to reinscribe the very power structures they are, in theory, designed to remedy. This