Legal fabrications and the case of ‘cultural property’

Murphy, Tim

doi:10.1017/cbo9780511493751.004

Cited by 20 publications

(11 citation statements)

References 92 publications

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“…Tim Murphy contends that “on close inspection, recognition turns out to be one of the principal modes of observation employed by legal systems” (, 131). Murphy goes on to insist that “recognition is a technology of inclusion and exclusion, of distinction‐making, of ‘allowing in’ or of ‘keeping out’” (132).…”

Section: The “Cunning” Of Recognizing Guptamentioning

confidence: 99%

She's Come Undone: Parsi Women's Property and Propriety under the Law

Vevaina

2018

PoLAR

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Parsis (Indian Zoroastrians), like many religious groups, manage their ritual spaces and funds with charitable trusts. High numbers of intermarriage have caused much debate over who counts as a Parsi within the community, and more attention is being paid to women and their rights of access. After a local trust in Valsad, Gujarat, barred intermarried women from entering Zoroastrian sacred spaces, Goolrukh Gupta, an intermarried Parsi woman, sued her trust in the high court. It ruled that Gupta was no longer a Parsi but a Hindu, like her husband, even though she had married under the Special Marriage Act of 1954, which enables civil marriage. Offering fresh insight into debates on the politics of recognition and the potentialities and pitfalls for women who appeal to the law to secure their communal rights, I argue that the mechanism of the trust allows the analysis of the two distinct but not separable notions of property and propriety. I analyze how the communal trust in India propertizes married women's legal and religious personhood. This article reveals how Indian women's composition as communal subjects as well as some aspirations of Indian secularism come undone.

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Section: The “Cunning” Of Recognizing Guptamentioning

confidence: 99%

She's Come Undone: Parsi Women's Property and Propriety under the Law

Vevaina

2018

PoLAR

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“…1997:5). Also, Tim Murphy (2004:128) notes the tendency of the law to turn obligations into things, citing the example of patents and copyrights.…”

Section: Adjudication Of Pacifist Exemptionmentioning

confidence: 99%

Principle or Pathology? Adjudicating the Right to Conscience in the Israeli Military

Weiss

2012

American Anthropologist

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The Israeli military's Conscience Committee evaluates and exempts pacifists from obligatory military service, based explicitly on concern for liberal tolerance. However, I found that liberal pacifist applicants’ principled objections to violence challenged the state, and as such, applicants who articulated their refusal in such terms are rejected by the military review board. By contrast, pacifist conscientious objection based in embodied visceral revulsion to violence did not challenge the state and moral order, and such cases were granted exemption. Objections based in understanding pacifism as a physical incapacity depoliticizes it by making it incommensurable with public moral debate concerning military service. The pathologization of pacifism demonstrates a contradiction between liberalism's ideology and its practices, revealing that the limits of liberalism are not only exterior, in nonliberal alterity, but also on liberalism's own interior frontiers. [conscience, military, liberalism, ethics]

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“…One is authenticated as an actor not according to the relative privilege in one's proximity to a canonical text, but by the constructed fact of being in precisely the same textual position as everyone else -that is, as a replicable individual defined 39 See Kelley (1990), p 113. 40 On the concept of mass production in the context of legal technologies of adjudication, see Murphy (2004). 41 Walter Benjamin considered this process to lead to a 'tremendous shattering of tradition'.…”

Section: Textual Apparatuses Of Glosses and Standard Formsmentioning

confidence: 99%

Jurisdiction of Control

Mussawir¹

2010

Griffith Law Review

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Legal fabrications and the case of ‘cultural property’

Cited by 20 publications

References 92 publications

She's Come Undone: Parsi Women's Property and Propriety under the Law

She's Come Undone: Parsi Women's Property and Propriety under the Law

Principle or Pathology? Adjudicating the Right to Conscience in the Israeli Military

Jurisdiction of Control

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