Suchergebnisse

Before becoming involved in archeology, I was a commercial nurseryman for thirty years in East Texas. Finally though, I had my fill of fighting weather, unstable markets, pests and yes, government agencies. After retirement I sought what I thought would be tranquility in the field of archeology. Archeology was a topic that I had been interested in since I was a teenager and I thought it would provide the peace-of-mind I was seeking. Wrong again.

"I had a farm in Africa," the opening line of the movie Out of Africa, always reminds me of my little farm in East Texas and what it has meant to me during the 25 years we have been associated. Owning land, particularly when you are relying on it to provide your livelihood, can be a very gratifying (and humbling) experience. Since the land and I are now enjoying a well-deserved rest, I have had time to reflect on our relationship and to wonder how people before me related to the land, especially on these upland settings. Why people choose to settle on any given landscape can be the result of a multitude of factors, environmental as well as social, political, or ideological. I know from scattered remains of tenant houses that my farm was cultivated before me at least back to the mid -19th century. While I have not conducted any formal archaeological survey of my 300 acres in Smith County, I have been observant as I have wandered around on my place. From time to time, as the surface has been exposed from farming or timber operations, I have noted artifacts indicating the presence of past occupations. I am sure as time goes on I will find other sites on my farm. As far as the archaeology on the Walters Farm, I would like to draw attention to what I believe was a substantial prehistoric occupation by peoples with a distinctive culture with a preference for upland settings on the landscape as well as a material culture represented by Williams, Palmillas, and Rice Lobed-like points, made from exotic cherts, and ground stone tools. To distinguish this unique archaeological assemblage I am calling this prehistoric occupation at sites the Browning phase. Browning phase sites are Archaic sites that occur on upland settings usually long distances from water and have a tool kit of large well-made square, expanding, and incurving (or bifurcated) base dart points including numerous examples of Williams, Palmillas, and Rice Lobed-like points. They are made predominately of exotic chert materials. Ground stone tools are found on Browning phase sites. The number of points at some of these locations certainly indicate a major occupation or a series of seasonal occupations.

Introduction -- Chapter 1: Criminal Law as "Social Justice Liberalism" -- Chapter 2: Social Justice Liberalism and The Criminalisation of Hate -- Chapter 3: Who should be protected by hate crime laws and why? -- Chapter 4: Defining hate crime law globally: Models of legislation -- Chapter 5: Should hate crime laws mean punishing people more?. Chapter 6: Conclusions.

This book presents both a new theoretical framework for the criminalisation of hate, referred to as "law as social justice liberalism", and a comprehensive analysis of hate crime laws that have been enacted globally. The book begins by reflecting back on 30 years of theorisation on hate crime laws, arguing that there has been a failure to adequately capture the distinct harms of hate-based criminal conduct within legal frameworks. The book posits that liberal societies interested in advancing social equality ought to expand conventional paradigms of harm used in criminal law by comprehending hate-based conduct as a form of social injustice. Drawing on the work of Iris Young, the book sets out a comprehensive analysis of the harms of hate crime as a form of group-based oppression and uses this to set out criteria for the inclusion of protected characteristics under legislation. The second half of the book presents findings from a comparative study of hate crime laws enacted in 190 different legal jurisdictions. This includes a new taxonomy of types, models and legal tests used by legislatures to capture the myriad forms of hate-based criminal conduct that occur globally. Further evaluation of case law and empirical research on the application of these diverging legislative approaches is used to provide recommendations on how legislators ought to construct hate crime laws. The book completes its analysis of law as social justice liberalism by synthesising law, punishment and restorative justice as a means of ensuring that liberal systems of "justice" are more firmly anchored to the advancement of "social justice."

In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.