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Legal narratives of indigenous existence: crime, law and historyDouglas, Heather Unknown Date (has links) (PDF)
This thesis examines criminal law in the context of Australian indigenous–settler relations. Through the jurisprudence of Justice Kriewaldt in the Northern Territory, it explores the relationship between the policy of assimilation and the application of the criminal law to Aboriginal people. Justice Kriewaldt was the sole judge of the Northern Territory Supreme Court during the 1950s. This was an important period in Australian history when the assimilation policy was at its highpoint. The thesis focuses on three areas of criminal justice—provocation, sentencing and alcohol consumption regulation. Both for Justice Kriewaldt and, in contemporary times, these areas were and continue to be of particular relevance to Aboriginal people confronting the criminal justice system. The thesis demonstrates that Justice Kriewaldt’s approach in these areas was informed by his support for the assimilation policy. It is argued that Justice Kriewaldt generally understood Aboriginal people to be uncivilised and that he applied the criminal law to assist in civilising Aboriginal people so that they could become assimilated. / This thesis also explores how Justice Kriewaldt’s jurisprudence has pervaded current approaches to dealing with the interaction between Aboriginal people and the criminal law. The thesis argues that although echoes of Kriewaldt’s 1950s approach are persistent within contemporary applications of the criminal law to Aboriginal people in the Northern Territory, there have also been shifts in approach. It is contended that Aboriginal people are increasingly understood to be culturally devastated and sick, and that contemporary criminal law frequently aims to restore and repair Aboriginal people to their communities, rather than to assimilate Aboriginal people. It is argued that this approach has opened up a space for Aboriginal people to become more involved in the application of criminal justice and, from this involvement, a form of weak legal pluralism has emerged.
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Legal narratives of indigenous existence: crime, law and historyDouglas, Heather Unknown Date (has links) (PDF)
This thesis examines criminal law in the context of Australian indigenous–settler relations. Through the jurisprudence of Justice Kriewaldt in the Northern Territory, it explores the relationship between the policy of assimilation and the application of the criminal law to Aboriginal people. Justice Kriewaldt was the sole judge of the Northern Territory Supreme Court during the 1950s. This was an important period in Australian history when the assimilation policy was at its highpoint. The thesis focuses on three areas of criminal justice—provocation, sentencing and alcohol consumption regulation. Both for Justice Kriewaldt and, in contemporary times, these areas were and continue to be of particular relevance to Aboriginal people confronting the criminal justice system. The thesis demonstrates that Justice Kriewaldt’s approach in these areas was informed by his support for the assimilation policy. It is argued that Justice Kriewaldt generally understood Aboriginal people to be uncivilised and that he applied the criminal law to assist in civilising Aboriginal people so that they could become assimilated. / This thesis also explores how Justice Kriewaldt’s jurisprudence has pervaded current approaches to dealing with the interaction between Aboriginal people and the criminal law. The thesis argues that although echoes of Kriewaldt’s 1950s approach are persistent within contemporary applications of the criminal law to Aboriginal people in the Northern Territory, there have also been shifts in approach. It is contended that Aboriginal people are increasingly understood to be culturally devastated and sick, and that contemporary criminal law frequently aims to restore and repair Aboriginal people to their communities, rather than to assimilate Aboriginal people. It is argued that this approach has opened up a space for Aboriginal people to become more involved in the application of criminal justice and, from this involvement, a form of weak legal pluralism has emerged.
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Både finsk och svensk : modernisering, nationalism och språkförändring i Tornedalen 1850-1939Elenius, Lars January 2001 (has links)
This study deals with the impact by modernisation and nationalism on the ethnicity and national identity among the Finnish speaking minority in the Torne Valley in the north of Sweden. The starting point is 1809 when Sweden lost the Finnish part of the kingdom to Russia. It resulted in the division of the Torne Valley into two nation-states and modernisation projects. The aim of the study is to investigate what happened to the ethnic content in the national identity in the two parts of the valley over time. The focus is placed on the parish of Övertorneå on the Swedish side between 1850 and 1939. According to the modernist and constructivist approach in theories of nationalism, national consciousness and national sentiments are confined to the era of industrialisation and modernisation. In the dissertation nationalism on the contrary is regarded as a myth-symbol complex which is transferred by one or many ethnic groups from the pre-modern state to the modern nation-state. A perspective from both above and below is used in the study. The investigation in the state assimilation policy shows, by contrast with previous studies, that the main aim up to the middle of the 1880s was to maintain religious hegemony in relation to the Laestadian revivalist movement. It also shows that the assimilation policy was influenced by the continuity of the Finnish speaking minority in the nation-state and the previous link of Sweden together with Finland in the former unitary state. Moreover it shows that it was influenced by internal changes in the paradigm of education and party policy, the new international status of national minorities after First World War and language revitalisation in the Torne Valley. The process of language shift is used as an important marker of ethnicity and national identity. When following the shift of language use among the Torne Valley people from 1890 to 1930 the study shows that the language policy in school played an essential role for the shift, but the difference between women and men also reveals the impact from the society outside school. It also reveals a dynamic change from both Finnish to Swedish and reverse before 1890. In contrast to previous studies the writing abilities in Finnish was at a considerable level and sustain in time compared to the writing abilities in Swedish. The stable pattern of inter-marriage between the Swedish Torne Valley and Finland 1860-1919 reveals a cultural continuity which stands in contrast to the dramatical political events of the time. / digitalisering@umu
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Svenska partiernas invandrarpolitiska åtgärder – assimilering eller integrering? : En undersökning om de fem äldsta partiernas idéer om invandrarpolitik från 1960- till 2010-taletAl-Mofty, Chalang January 2012 (has links)
The aim of this study was to describe, analyze and compare the Left Party’s, the Social Democratic Party’s, the Liberal People’s Party’s and the Moderate Party’s ideas on immigration policy from 1960-2010. In this study the immigration policy program or party program was analyzed through idea analysis to find out what immigration policy interventions they have come with, and if they want to assimilate or integrate immigrants. Materials used for the study are the immigration policy programs and party programs. Even scientific journals and articles have been used, in both national and international level. An analysis instrument, by Carl Dahlström (2004), has been used in this study. In the analysis instrument the author mentions eleven (11) immigration policy interventions (6 integration and 5 assimilation meansures). The study concluded that the parties had different immigration policy interventions (assimilation and integration), but during certain periods of time, a number of parties had an equal number of interventions. Keywords: Immigration policy, integration policy, assimilation policy, party program, immigration policy program.
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Place, politics, and property : negotiating allotment and citizenship for the Citizen Potawatomi, 1861-1891Mosteller, Kelli Jean 14 July 2014 (has links)
This study explores the varied Citizen Potawatomi responses to federal assimilation and land policies from 1861 to 1891. The professed intention for these laws and treaties was to acculturate Native Americans into American society, but there was a clear ulterior motive to drastically reduce the land base of tribes in the West. The outcomes of policies that arranged for allotment and citizenship were mixed. The federal government successfully dispossessed the Citizen Potawatomi of large quantities of land and virtually every tribal member became a U.S. citizen, but few individuals became successful farmers or businessmen. The government's efforts also unintentionally resulted in fostering a stronger tribal identity and better tribal organization to argue for the collective and individual rights of Citizen Potawatomi tribal members. As the United States became embroiled in a devastating civil war and thousands of Americans flooded west in search of opportunity, the Citizen Potawatomi entered into a treaty agreement to allot their lands and become U.S. citizens. The Citizen Potawatomi treaty of 1861 forced tribal members to abandon the practice of holding land in common by stipulating that they must accept allotments and become U.S. citizens. Unintended consequences of the flaws in the government's plan were the near-complete loss of lands allotted to the Citizen Potawatomi, and a muddying of their legal status. Within a decade a large percentage of tribal members were landless and sought a new home in Indian Territory. By 1872 the Citizen Potawatomi better understood how to use non-Indian methods to fight for favorable allotments and full enfranchisement in the extralegal condition that characterized both their new home and themselves. Two decades later, when the federal government opened thousands of acres of Citizen Potawatomi lands to non-Indian settlement, tribal members had learned a painful, but strengthening lesson. To salvage a distinct tribal identity and political independence, the Citizen Potawatomi took command of their relationship with the federal government by demonstrating knowledge of the legislation that defined their legal rights and manipulating the inconsistent application of those policies. / text
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跨越邊界的流動與認同:日治時期「內台共婚」研究 / The study of interracial marriages between Taiwanese and Japanese during the Japanese colonial period.楊裴文, Yang, Pei Wen Unknown Date (has links)
日治時期台灣人與日本人的通婚並非如同今日的國際婚姻關係,而是日本帝國國民之間的異民族通婚行為,是謂「內台共婚」。比起一般婚姻,「內台共婚」可說是一跨越多重「邊界」的結合。
所謂的「邊界」,除了意指地理空間中的境界,同樣也包括社會學意義上的文化、價值觀等方面的差異與隔閡;並且由於當時日本人與台灣人之間制度性地存在「支配者─被支配者」的殖民統治位階關係,使得矗立於「大日本帝國」與「殖民地台灣」之間的「邊界」更形巨大而難以跨越。然而,內台共婚者卻以個人之力跨越厚重的界限,並且將「邊界」兩端的差異、矛盾與衝突濃縮於一個家庭的日常生活之中。
本研究試圖回答以下三個問題:(一)、跨界流動如何可能?綜觀日治時期,乃是一內地與殖民地間「距離」縮短的過程。所謂「距離」,不僅意指地理空間上的差距,更包括內台人在「社會距離」與「心理距離」上的接近程度。藉由觀察各種「距離」變化的過程,探究使得跨界流動的日台人通婚由「不可能」至「可能」的社會背景因素。(二)、是「誰」跨界通婚?由共婚者個人背景之分析,進一步探討存在於「內台共婚」的特殊階級性格。此外,影響共婚者決定結婚的關鍵性因素也是一個有趣的議題,其中包括愛國情操、利益追求,以及嚮往愛情這三種理由。(三)、跨界之後:共婚生活之分析。共婚家庭不僅必須面對來自外部的障礙,例如體制上的不友善以及社會輿論壓力等,也必須克服許多經營家庭生活的艱難課題。此外,跨界的流動也為共婚者本身及其混血兒子女的自我認同與定位帶來許多衝擊。
「內台共婚」者跨越多重的社會位置,其認同也依照不同的社會時空、生活處境而有所轉變,本研究基於史料耙梳、文獻蒐集與經驗訪談等資料,試圖理解共婚者跨越邊界而結合的流動與其複雜的認同軌跡。 / During the Japanese colonial period, the marriage between Taiwanese and Japanese was called "Nai-Tai marriage." The "Nai-Tai marriage" could be seen as an integration that crossed the boundaries between Taiwan and Japan.
This study attempts to answer the following three questions:
(1) Was the "Nai-Tai marriage" possible? The "distance" meant that not only the the distance from Taiwan to Japan, but also including the "social distance" and "psychological distance" between Taiwanese and Japanese. By observing the ways of "distance" changed, this research try to explore the social background factors of the "Nai-Tai marriage".
(2) "Who" did it? This research analyzed the personal backgrounds and the social class of the "Nai-Tai marriage." In addition, the key reason of people decided to "Nai-Tai marriage" is also an interesting question.
(3) How about their family life? The families of the "Nai-Tai marriage" had to overcome a variety of problems. In addition, for the "Nai-Tai marriage" people and their mixed-blood children, the mobility of cross-boundary also brought many shocks to their self-identity, and made them feel unsure of themselves in social situations.
The "Nai-Tai marriage" people crossed multiple social positions, their identity also changed with their different social space, living conditions and social class. This study explained the "Nai-Tai marriage" people how to live their lives, and how their complex identity had changed.
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