Memory And Rightlessness

With reference to India.

In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.

This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15 scholars working in the TWAIL (Third World Approaches to International Law) network or tradition. It includes chapters from some of the pioneering Third World jurists who have led this field since the time of decolonization, as well as prominent emerging scholars in the field. Broadly, the TWAIL orientation understands praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation. The rich diversity of contributions in the book engage these themes and questions through the various prisms of international institutional engagement, world trade and investment law, critical comparative law, Palestine solidarity and decolonization, judicial education, revolutionary struggle against imperial sovereignty, Muslim Marxism, Third World intellectual traditions, Global South constitutionalism, and migration. This book was originally published as a special issue of Third World Quarterly.

Ways of Remembering tells a story about the relationship between secular law and religious violence by studying the memorialisation of the 2002 Gujarat pogrom—postcolonial India's most litigated and mediatized event of anti-Muslim mass violence. By reading judgments and films on the pogrom through a novel interpretive framework, the book argues that the shared narrative of law and cinema engenders ways of remembering the pogrom in which the rationality of secular law offers a resolution to the irrationality of religious violence. In the public's collective memory, the force of this rationality simultaneously condemns and normalises violence against Muslims while exonerating secular law from its role in enabling the pogrom, thus keeping the violent (legal) order against India's Muslim citizens intact. The book contends that in foregrounding law's aesthetic dimensions we see the discursive ways in which secular law organizes violence and presents itself as the panacea for that very violence.

This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

It is believed that law and violence generally share an antithetical relationship in liberal democracies. Lawlessness is understood to produce violence, and law is invoked and deployed as a means to resist and undo that. Violent Modernities attempts to establish that this relationship is not one of animosity, but of a deep, counterintuitive intimacy and is at the base of what makes India a modern nation-state. Delving into the patterns of law and violence through the cultural imaginaries of justice, marked by the combined rise of neoliberalism and Hindutva—the book argues that legal imagination in India does not only emanate from courtrooms, legislations and judgments, but is also lived in the practices of ordinary disobediences and everyday failures. The author suggests that it is only when law can be re-imagined as such, that the violence at the foundations of state law can be unsettled.

This book examines the ways in which the histories of racial violence, from slavery onwards, are manifest in representations of the body in twenty-first-century culture set in the US South. Christopher Lloyd focuses on corporeality in literature and film to detail the workings of cultural memory in the present. Drawing on the fields of Southern Studies, Memory Studies and Black Studies, the book also engages psychoanalysis, Animal Studies and posthumanism to revitalize questions of the racialized body. Lloyd traces corporeal legacies in the US South through novels by Jesmyn Ward, Kathryn Stockett and others, alongside film and television such as Beasts of the Southern Wild and The Walking Dead. In all, the book explores the ways in which bodies in contemporary southern culture bear the traces of racial regulation and injury.