justice, providing an insight into interpersonal relationships on a very local level. While debt litigation reveals the commercial activities of ordinary men and women living and working in towns, trespass suits reveal the breakdown of interpersonal
Trespass and Honor in Late Medieval English Towns
A Means of Obtaining Effective Remedy Abroad?
the claimants but did not admit any liability. Settlements of this kind are a common outcome of transnational human rights litigation—at least in cases that are not dismissed, something that is still more frequent. Settling a case means securing
Addressing Uncertainty, Undone Science, and Bias in Court to Assert Indigenous Rights
( Jasanoff 2004 ; Nelkin 1995 ). Social movements and litigation have remained the primary avenues to contest dominant epistemic practices and to mediate justice. Social movements have long questioned the dominant epistemic paradigms—expertise barriers
Richard Daly and Val Napoleon
Both community activism and anthropological research affect local communities materially, whether this research is conducted by ‘ac- tivists’ or ‘objectivists’. It is ethically and methodologically important that these activisms be recognized and built into the subject of the research. Aboriginal rights litigation entails both explicit and implicit activism by all concerned, although few admit as much. In this light, some of the effects of such activism on a local community engaged in aboriginal rights litigation in Canada are discussed in the form of a dia- logue between an anthropologist and a community activist who is now working in aboriginal law.
This article focuses on the legal construction of the notion of anti-White racism in France. By analyzing cases litigated under criminal law, it describes how a right-wing NGO has been promoting this notion via a litigation strategy since the late 1980s, initially with only limited success. Public debates in mainstream media in the 2000s and intervention by more traditional antiracist NGOs in courts have since contributed to a creeping acceptance of anti-White racism both within courtrooms and in broader public discourse. This increased recognition of anti-White racism is highly problematic from a critical race and critical Whiteness perspective.
An Anthropology of Democracy in Argentina
Michael Humphrey and Estela Valverde
This article explores human rights politics in the transition from dictatorship to democracy in Argentina. Its ethnographic focus is the phenomenon of families of victims associations, usually led by mothers, that first emerged to protest against mass disappearance under the military dictatorship. Democracy has also produced new families of victims associations protesting against different forms of state abuse and/or neglect. They represent one face of the widespread protest against a 'culture of impunity' experienced as ongoing insecurity and injustice. Private grief is made an emotional resource for collective action in the form of 'political mourning'. The media, street demonstrations, and litigation are used to try to make the state accountable. State management of this public suffering has sought to determine legitimate victimhood based on a paradigm of innocence. The political mourning of victims and survivors charts the social margins of citizenship in the reduced, not expanded, neo-liberal democratic state in Argentina.
Expanding Indigenous “Expertise” Beyond Ecoprimitivism
This article analyzes a series of litigations that began with the Aguinda v. Texaco Inc. case as a site of production of new legal subjectivities for indigenous communities in the region of the Ecuadorian Amazon polluted by oil extraction activities. They engage in the transnational and local legal structures, contribute to and generate legal and scientific knowledge and expertise, and articulate multiple legal subjectivities that position them not only as homogenous plaintiffs in a highly publicized lawsuit, but also as legal actors in complex relation to each other, and to the state. Through such engagements with this legal process, indigenous actors are recrafting their collective representations in ways that challenge the ‘ecoprimitive’ stereotypes of indigeneity, historically associated with the ‘paradox of primitivism.’
companies are operating.’ At other times, however, Beckers refers to ‘a political space that is created within CSR practices’, folding ‘civil society, political regulation, and strategic litigation’ into her conception of CSR. She then concludes that CSR is
Weaponization of the RICO Act across jurisdictional borders
Lindsay Ofrias and Gordon Roecker
the many “legal difficulties faced when holding multinational corporations accountable for even egregious wrongdoings,” not to mention the resource drained from the impacted communities throughout the years of litigation ( Fajardo and Byrne 2010: 187
litigation. In social, political, and legal theory, CSR is therefore described as a form of contested governance ( Bair and Palpacuer 2015 ; Levy and Kaplan 2008 ), as an in-between world of politics, the economy, and law ( Kjaer 2011 ) or an inner