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Author : Steven L. Winter Publisher : University of Chicago Press Page : 446 pages File Size : 11,86 MB Release : 2003-09 Category : Law ISBN : 0226902226
Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest.
A lively, engaging ethnography that demonstrates how a volatile politics of race, class, and nation animates the infamously violent struggles over forests in the U.S. Southwest.
"Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in the Andes-Amazon. It is critical to probe new analytical frameworks that integrate other-than-human beings within legal institutions and decision-making protocols. Such an approach weaves together various fields of knowledge and world-making practices that include Indigenous legal traditions, ecological law, multispecies ethnography, and ecological economics. I discuss how human and other-than-human beings such as medicinal plants and what Indigenous in Southwestern Colombia call the “invisible ones,” co-create legal protocols and institutions. It studies the conceptual openings, methodological challenges, and ethical conundrums of this approach for Earth Law, particularly the rights of nature. What happens when we consider forms of agency beyond symbolic and multicultural frameworks in legal theory and practice? How does a law that emerges from plant-human-invisible peoples' entanglements challenge concepts of justice, agency, and value in times of socio-ecological transitions? How do forests become legal agents through different sets of territorial practices? My dissertation combines a multi-sited ethnography, and post-humanist approaches in anthropology, law, and decision-making theory to study the entangled lives of law and ecology in Colombia, as well as the potential contributions of this framework towards a post-anthropocentric legal theory. In conversation with biologists, Indigenous practitioners from the Cofán and the Inga communities, legal scholars, and medicinal plants, particularly Paullinia yoco and Banisteriopsis caapi, Legal Lives looks at how legal institutions emerge from the fabric of human and other-than-human forms of agency. This relational approach is at the core of Earth Law and the radical paradigm shift it proposes for legal theory and practice in Latin America. The dissertation is divided into three parts. The first one (I. Law-Otherwise) ethnographically follows relationships between medicinal plants and legal protocols: chapter 1 includes three sub-chapters with the name of three different plants where I discuss the implications of vegetal agencies for socio-legal thought in the Andes-Amazon. Chapter 2 focuses on the making of an ethnobotanical research protocol with humans, plants, and what members of the Cofán community in the regions of Nariño and Putumayo refer to as the invisible people. Thus, part I provides an ethnographic and conceptual basis to support the theoretical claims of part II: The Rights of Nature: Limits and Possibilities. Part II addresses the conceptual limits and political possibilities of the Rights of Nature in the context of Earth Law. By attending to the social and legal worlds of other-than-human beings introduced in the first part, it re-imagines fundamental premises of social and legal sciences at present: the idea that the law is primarily symbolic or propositional (Ch. 3); the notion that rights and responsibilities are commensurable across different legal cultures and cosmologies, and that legal personhood is fundamental for legal redress (Ch.4). Part III (Rhizomatic Agencies) reviews and summarizes the argument concerning agency and discusses how parts I and II could serve as tools for legal transformation in concrete scenarios of learning and judicial decision-making. A summary of agency theory with ethnographic insights from the first section, Ch. 5 dives into the limits of individual and collective forms of agency and explores the possibility of plural and rhizomatic agencies that include other-than-human beings in decision-making. Ch. 6 can be considered as coursework material concerning Indigenous legalities. It refers to a specific Indigenous legal tradition—the Inga—as it transforms State law, while contributing with the Earth Law movement. The dissertation closes with a syllabus on “Indigenous legal traditions."--
Lots of Javanese peasants live alongside state-controlled forest lands. Because their legal access and customary rights to the forest have been limited, they have been pushed toward illegal use of forest resources. This book untangles the peasant and state politics which developed in Java.
Incorporating The Details Of The Forest Law And The Relevant Sections Of The Civil And Criminal Law, This Volume Is A Study And Documentation Of The Legal Aspect Of Forest Administration In British India. Provides A Legal Explanation Of Fundamental Terms Like Ownership, Property, Owner S Right, Reserved Forests, Wood-Rights, Grazing-Rights, Etc. And Discuss Comprehensively The Various Laws Related To Forest Ownership, Constitution Of Forest Estates, Protection Of Forests, Forest Business, Forest Offences And Forest Administration. Also Included Is A Special Chapter Dealing With The Legal Organization Of The Forest Services In The Colonial India. Besides Students And Scholars Of Forest Administration, The Historians In General And Law Historians In Particular Should Be Interested In This Classic Work. Part I: General Law Chapter 1: General Notions Regarding Property; Section 1: Of Property And Its Acquisition, Section 2: Of Possession, Section 3: The Consequences Of Possession, Section 4: The Transfer Of Property, Chapter 2: Of Seaparate Rights Of Servitudes; Section 1: Their Nature, Section 2: Distinction Between Servitudes And Ownership, Section 3: Recapitulation, Chapter 3: Of Government Property And Its Acquisition; Section 1: Property Held In Virtue Of Ancient State Rights, Section 2: State Right In Waste Lands, Section 4: Acquisition Of Land For Public Purposes. Part Ii: The Forest Law Chapter 4: Of Forest Law In India; Section 1: Reasons For A Special Law, Section 2: Forest Laws In Europe And In India, Section 3: To What Lands Does The Special Law Apply, Section 4: The Constitution Of Forest Estates In India, Section 5: In What Does The Constitution Consist, Section 6: Of The Protection Of Trees And Natural Produce On Lands Not Being Forests, Chapter 5: The Limitations To Which Rights Of User Are Subject; Section 1: The Principle That Rights Must Be Limited And May Be Regulated, Section 2: The Extent Of The Limitations, Section 3: Principles Of Regulation Applied To Different Classes Of Rights, Chapter 6: The Procedure For Constituting Permanent Forest Estates; Section 1: The Preliminary Steps, Section 2: Claims To Land, Section 3: Claims To Right-Of-Way Of Water-Course, Section 4: Claims To Other Forest Rights, Section 5: Definition Of Rights Admitted To Exist, Section 6: Method Of Providing For Rights Admitted And Defined, Section 7: Commutation Of Forest Rights, Section 8: Extinction Of Unclaimed Rights, Section 9: Appeals From Settlement Orders, Section 10: New Rights Cannot Grow Up, Section 11: Final Notification, Section 12: Permanent Character Of Reserved Forest, Section 13: Forests Reserved Before The Act, Section 14: Final Demarcation, Chapter 7: Village Forests, Chapter 8: Undivided Or Shared Forests, Chapter 9: Control Over Private Forests In Certain Cases; Section 1: The Indian Law, Section 2: European Law Regarding Private Forests, Chapter 10: Of Rules Made Under The Act. Part Iii: Criminal Law As Applied To The Protection Of Forests And Their Produce In Transit Chapter 11: Protection Against Natural Calamities, Chapter 12: Protection Against Fire, Chapter 13: Protection Agaisnt Offences By Human Agency; Section 1: Preventive Provisions, Section 2: The Law Under Which Offences Are Punished, Chapter 14: The Application Of The Forest Act To Forest Offences; Section 1: Offences Against The Forest Itself, Section 2: Special Offences, Section 3: Cattle Trepass, Section 4: Control Of Timber In Transit And Offences Connected With It, Chapter 15: Application Of The Penal Code To Forest Offences; Section 1: Offences Directly Connected With A Forest Or Its Produce, Section 2: Offences Indirectly Connected With Forest Administration, Chapter 16: General Principles Of Criminal Law Relating To Offences; Section 1: General Exceptions (Excusing Offences), Section 2: Circumstances Aggravating Offences, Section 3: Limitation Of Time For Prosecution, Section 4: Remarks On Conduct Of Prosecutions, Chapter 17: The Legal Principles Of Punishment; Section 1: Imprisonment And Fine, Section 2: Conifiscation Proceedings, Chapter 18: The Criminal Procedure Law (Sketch Of The Code); Section 1: The Criminal Courts, Section 2: Investigation By The Police, Section 3: Cases On Complaint To The Magistrate, Section 4: The Processes Of Criminal Courts, Summons Warrant, Search Warrant, Section 5: Criminal Trials, Section 6: The Method Of Obtaining Attendance Of Witnesses: The Record Of Evidence, Section 7: The Charge, Section 8: Execution Of Sentence And Recovery Of Fines, Section 9: Appeal And Revision, Section 10: The Trial Of European British Subjects, Section 11: Miscellaneous Proceedings. Part Iv: The Forest Service Chapter 19: The Legal Organization For The Forest Service; Section 1: General Nature Of Public Service, Section 2: The Appointment Of Forest Officers And Organization Of The Service, Section 3: The Special Responsibilities Of Forest Officers, Section 4: The Special Protection Extended By Law To Forest Officers, Section 5: The Legal Powers Of Forest Officers, Section 6: Offences Against The Lawful Authority Of Forest Officers. Part V: The Civil Law As Related To Forest Administration Chapter 20: The Contract Law In Relation To Forest Business; Section 1: General Principles, Section 2: Contracts Of Forest Officers On Behalf Of Government, Section 3: Practical Remarks Regarding Government Contracts, Section 4: On Some Particular Kinds Of Contracts, Section 5: Specific Performance, Chapter 21: The Stamp Law And The Registration Law; Section 1: Stamps, Section 2: Registration, Chapter 22: Civil Procedure Law; Seciton 1: The Civil Courts, Section 2: The Civil Suit, Section 3: The Frame Of The Suit, Section 4: The First Steps In A Suit, Section 5: The Hearing And Judgement, Section 6: The Executionof Decrees, Section 7: Proceedings Incidental To A Suit, Section 8: Of Government Suits, Section 9: Provisional Remedies, Section 10: Special Civil Proceedings, Section 11: Appeals.
A human rights-based agenda has received significant attention in writings on general development policy, but less so in forestry. Forests and People presents a comprehensive analysis of the rights-based agenda in forestry, connecting it with existing work on tenure reform, governance rights and cultural rights. As the editors note in their introduction, the attention to rights in forestry differs from 'rights-based approaches' in international development and other natural resource fields in three critical ways. First, redistribution is a central demand of activists in forestry but not in other fields. Many forest rights activists call for not only the redirection of forest benefits but also the redistribution of forest tenure to redress historical inequalities. Second, the rights agenda in forestry emerges from numerous grassroots initiatives, setting forest-related human rights apart from approaches that derive legitimacy from transnational human rights norms and are driven by international and national organizations. Third, forest rights activists attend to individual as well as peoples' collective rights whereas approaches in other fields tend to emphasize one or the other set of rights. Forests and People is a timely response to the challenges that remain for advocates as new trends and initiatives, such as market-based governance, REDD, and a rush to biofuels, can sometimes seem at odds with the gains from what has been a two decade expansion of forest peoples' rights. It explores the implications of these forces, and generates new insights on forest governance for scholars and provides strategic guidance for activists.
A global assessment of potential and anticipated impacts of efforts to achieve the SDGs on forests and related socio-economic systems. This title is available as Open Access via Cambridge Core.