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The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justicecomplex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.
The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.
Settler colonialism in Canada has traditionally been portrayed as a gentler, if not benevolent, colonialism-especially in contrast to the Indian Wars in the United States. This national mythology has penetrated into comparative genocide studies, where Canadian case studies are rarely discussed in edited volumes, genocide journals, or multi-national studies. Indeed, much of the extant literature on genocide in Canada rests at the level of self-justification, whereby authors draw on the U.N Genocide Convention or some other rubric to demonstrate that Canadian genocides are a legitimate topic of scholarly concern. In recent years, however, discussion of genocide in Canada has become more pronounced, particularly in the wake of the findings of the Truth and Reconciliation Commission of Canada. This volume contributes to this ongoing discourse, providing scholarly analyses of the multiple dimensions or processes of colonial destruction and their aftermaths in Canada. Various acts of genocidal violence are covered, including residential schools, repressive legal or governmental controls, ecological destruction, and disease spread. Additionally, contributors draw comparisons to patterns of colonial destruction in other contexts, examine the ways in which Canada has sought to redress and commemorate colonial harms, and present novel theoretical and conceptual insights on colonial/settler genocides in Canada. This book was previously published as a special issue of the Journal of Genocide Research.
Settler colonialism in Canada has traditionally been portrayed as a gentler, if not benevolent, colonialism-especially in contrast to the Indian Wars in the United States. This national mythology has penetrated into comparative genocide studies, where Canadian case studies are rarely discussed in edited volumes, genocide journals, or multi-national studies. Indeed, much of the extant literature on genocide in Canada rests at the level of self-justification, whereby authors draw on the U.N Genocide Convention or some other rubric to demonstrate that Canadian genocides are a legitimate topic of scholarly concern. In recent years, however, discussion of genocide in Canada has become more pronounced, particularly in the wake of the findings of the Truth and Reconciliation Commission of Canada. This volume contributes to this ongoing discourse, providing scholarly analyses of the multiple dimensions or processes of colonial destruction and their aftermaths in Canada. Various acts of genocidal violence are covered, including residential schools, repressive legal or governmental controls, ecological destruction, and disease spread. Additionally, contributors draw comparisons to patterns of colonial destruction in other contexts, examine the ways in which Canada has sought to redress and commemorate colonial harms, and present novel theoretical and conceptual insights on colonial/settler genocides in Canada. This book was previously published as a special issue of the Journal of Genocide Research.
This important collection of essays expands the geographic, demographic, and analytic scope of the term genocide to encompass the effects of colonialism and settler colonialism in North America. Colonists made multiple and interconnected attempts to destroy Indigenous peoples as groups. The contributors examine these efforts through the lens of genocide. Considering some of the most destructive aspects of the colonization and subsequent settlement of North America, several essays address Indigenous boarding school systems imposed by both the Canadian and U.S. governments in attempts to "civilize" or "assimilate" Indigenous children. Contributors examine some of the most egregious assaults on Indigenous peoples and the natural environment, including massacres, land appropriation, the spread of disease, the near-extinction of the buffalo, and forced political restructuring of Indigenous communities. Assessing the record of these appalling events, the contributors maintain that North Americans must reckon with colonial and settler colonial attempts to annihilate Indigenous peoples. Contributors. Jeff Benvenuto, Robbie Ethridge, Theodore Fontaine, Joseph P. Gone, Alexander Laban Hinton, Tasha Hubbard, Margaret D. Jabobs, Kiera L. Ladner, Tricia E. Logan, David B. MacDonald, Benjamin Madley, Jeremy Patzer, Julia Peristerakis, Christopher Powell, Colin Samson, Gray H. Whaley, Andrew Woolford
A Choice Outstanding Academic Title, 2017 At the end of the nineteenth century, Indigenous boarding schools were touted as the means for solving the "Indian problem" in both the United States and Canada. With the goal of permanently transforming Indigenous young people into Europeanized colonial subjects, the schools were ultimately a means for eliminating Indigenous communities as obstacles to land acquisition, resource extraction, and nation-building. Andrew Woolford analyzes the formulation of the "Indian problem" as a policy concern in the United States and Canada and examines how the "solution" of Indigenous boarding schools was implemented in Manitoba and New Mexico through complex chains that included multiple government offices with a variety of staffs, Indigenous peoples, and even nonhuman actors such as poverty, disease, and space. The genocidal project inherent in these boarding schools, however, did not unfold in either nation without diversion, resistance, and unintended consequences. Inspired by the signing of the 2007 Indian Residential School Settlement Agreement in Canada, which provided a truth and reconciliation commission and compensation for survivors of residential schools, This Benevolent Experiment offers a multilayered, comparative analysis of Indigenous boarding schools in the United States and Canada. Because of differing historical, political, and structural influences, the two countries have arrived at two very different responses to the harm caused by assimilative education.
In this updated edition of The Politics of Restorative Justice, Andrew Woolford and Amanda Nelund reconsider restorative justice and its politics and ask how restorative justice might work better to provide transformative justice. To achieve a transformative justice, Woolford and Neulund argue, restorative justice must be concerned with class-based, gendered, racialized and other injustices. This second edition expands on how intersecting socio-politcal contexts - gendered, racialized, settler colonial, hetero-normative and others - contour the practice and potential of restorative justice. In addition to updated examples and data, this edition discusses the embodied and emotional politics of restorative justice, transformative restorative justice and other-than-human actors/ecological justice.
The Assiniboia school is unique within Canada's Indian Residential School system. It was the first residential high school in Manitoba and one of the only residential schools in Canada to be located in a large urban setting. Operating between 1958 and 1973 in a period when the residential school system was in decline, it produced several future leaders, artists, educators, knowledge keepers, and other notable figures. It was in many ways an experiment within the broader destructive framework of Canadian residential schools.Stitching together memories of arrival at, day-to-day life within, and departure from the school with a socio-historical reconstruction of the school and its position in both Winnipeg and the larger residential school system, Did You See Us? offers a glimpse of Assiniboia that is not available in the archival records. It connects readers with a specific residential school and illustrates that residential schools were often complex spaces where forced assimilation and Indigenous resilience co-existed. These recollections of Assiniboia at times diverge, but together exhibit Survivor resilience and the strength of the relationships that bond them to this day. The volume captures the troubled history of residential schools. At the same time, it invites the reader to join in a reunion of sorts, entered into through memories and images of students, staff, and neighbours. It is a gathering of diverse knowledges juxtaposed to communicate the complexity of the residential school experience.
The Assiniboia school is unique within Canada's Indian Residential School system. It was the first residential high school in Manitoba and one of the only residential schools in Canada to be located in a large urban setting. Operating between 1958 and 1973 in a period when the residential school system was in decline, it produced several future leaders, artists, educators, knowledge keepers, and other notable figures. It was in many ways an experiment within the broader destructive framework of Canadian residential schools. Stitching together memories of arrival at, day-to-day life within, and departure from the school with a socio-historical reconstruction of the school and its position in both Winnipeg and the larger residential school system, Did You See Us? offers a glimpse of Assiniboia that is not available in the archival records. It connects readers with a specific residential school and illustrates that residential schools were often complex spaces where forced assimilation and Indigenous resilience co-existed. These recollections of Assiniboia at times diverge, but together exhibit Survivor resilience and the strength of the relationships that bond them to this day. The volume captures the troubled history of residential schools. At the same time, it invites the reader to join in a reunion of sorts, entered into through memories and images of students, staff, and neighbours. It is a gathering of diverse knowledges juxtaposed to communicate the complexity of the residential school experience.
The Idea of a Human Rights Museum is the first book to examine the formation of the Canadian Museum for Human Rights and to situate the museum within the context of the international proliferation of such institutions. Sixteen essays consider the wider political, cultural and architectural contexts within which the museum physically and conceptually evolved drawing comparisons between the CMHR and institutions elsewhere in the world that emphasize human rights and social justice. This collection brings together authors from diverse fields-law, cultural studies, museum studies, sociology, history, political science, and literature-to critically assess the potentials and pitfalls of human rights education through ""ideas"" museums. Accessible, engaging, and informative, the collection's essays will encourage museum-goers to think more deeply about the content of human rights exhibits. The Idea of a Human Rights Museum is the first title in the University of Manitoba Press's Human Rights and Social Justice Series. This series publishes work that explores the quest for social justice and the basic rights and freedoms to which all human beings are entitled, including civil, political, economic, social, collective, and cultural rights.
A Choice Outstanding Academic Title, 2017 At the end of the nineteenth century, Indigenous boarding schools were touted as the means for solving the "Indian problem" in both the United States and Canada. With the goal of permanently transforming Indigenous young people into Europeanized colonial subjects, the schools were ultimately a means for eliminating Indigenous communities as obstacles to land acquisition, resource extraction, and nation-building. Andrew Woolford analyzes the formulation of the "Indian problem" as a policy concern in the United States and Canada and examines how the "solution" of Indigenous boarding schools was implemented in Manitoba and New Mexico through complex chains that included multiple government offices with a variety of staffs, Indigenous peoples, and even nonhuman actors such as poverty, disease, and space. The genocidal project inherent in these boarding schools, however, did not unfold in either nation without diversion, resistance, and unintended consequences. Inspired by the signing of the 2007 Indian Residential School Settlement Agreement in Canada, which provided a truth and reconciliation commission and compensation for survivors of residential schools, This Benevolent Experiment offers a multilayered, comparative analysis of Indigenous boarding schools in the United States and Canada. Because of differing historical, political, and structural influences, the two countries have arrived at two very different responses to the harm caused by assimilative education.
The Idea of a Human Rights Museum is the first book to examine the formation of the Canadian Museum for Human Rights and to situate the museum within the context of the international proliferation of such institutions. Sixteen essays consider the wider political, cultural and architectural contexts within which the museum physically and conceptually evolved drawing comparisons between the CMHR and institutions elsewhere in the world that emphasize human rights and social justice. This collection brings together authors from diverse fields - law, cultural studies, museum studies, sociology, history, political science, and literature - to critically assess the potentials and pitfalls of human rights education through ideas museums. Accessible, engaging, and informative, the collection's essays will encourage museum-goers to think more deeply about the content of human rights exhibits. The Idea of a Human Rights Museum is the first title in the University of Manitoba Press's Human Rights and Social Justice Series. This series publishes work that explores the quest for social justice and the basic rights and freedoms to which all human beings are entitled, including civil, political, economic, social, collective, and cultural rights.
This important collection of essays expands the geographic, demographic, and analytic scope of the term genocide to encompass the effects of colonialism and settler colonialism in North America. Colonists made multiple and interconnected attempts to destroy Indigenous peoples as groups. The contributors examine these efforts through the lens of genocide. Considering some of the most destructive aspects of the colonization and subsequent settlement of North America, several essays address Indigenous boarding school systems imposed by both the Canadian and U.S. governments in attempts to "civilize" or "assimilate" Indigenous children. Contributors examine some of the most egregious assaults on Indigenous peoples and the natural environment, including massacres, land appropriation, the spread of disease, the near-extinction of the buffalo, and forced political restructuring of Indigenous communities. Assessing the record of these appalling events, the contributors maintain that North Americans must reckon with colonial and settler colonial attempts to annihilate Indigenous peoples. Contributors. Jeff Benvenuto, Robbie Ethridge, Theodore Fontaine, Joseph P. Gone, Alexander Laban Hinton, Tasha Hubbard, Margaret D. Jabobs, Kiera L. Ladner, Tricia E. Logan, David B. MacDonald, Benjamin Madley, Jeremy Patzer, Julia Peristerakis, Christopher Powell, Colin Samson, Gray H. Whaley, Andrew Woolford
The British Columbia Treaty Process was established in 1992 with the aim of resolving the outstanding land claims of First Nations peoples in British Columbia. Since that time, two discourses have been prominent within the treaty negotiations taking place between First Nations and the governments of Canada and British Columbia. The first, that of justice, asks how we can remedy the past injustices that were imposed on BC's First Nations through the removal of their lands and forced assimilation. The second, that of certainty, asks whether this historical repair can occur in a manner that provides a better future for all British Columbians. In Between Justice and Certainty, Andrew Woolford examines the interplay between Aboriginal and non-Aboriginal visions of justice and certainty in the first decade of the BC Treaty Process and poses the question: Is there a space between justice and certainty in which modern treaties can be made? treaty documents, he argues that the goal of certainty is overriding the demand for justice in the treaty process, and suggests that greater attention to justice is necessary if we are to initiate a process of reconciliation between Aboriginal and non-Aboriginal peoples in BC. Between Justice and Certainty is recommended reading for sociologists, anthropologists, historians, political scientists, and legal scholars interested in how we deal with past injustices, as well as for anyone wishing to learn more about the BC Treaty Process.
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