11. Kelly: Law, Violence, and Sovereignty among West Bank Palestinians
- Author:
- Samera Esmeir
- Publication Date:
- 07-2009
- Content Type:
- Journal Article
- Journal:
- Journal of Palestine Studies
- Institution:
- Institute for Palestine Studies
- Abstract:
- Little is written about Palestinian law and society, and Tobias Kelly's Law, Violence and Sovereignty among West Bank Palestinians comes as an ethnographic and theoretical contribution to this small and growing field. Focusing on the everyday application of the law and life of West Bank workers, Kelly, an anthropologist who has conducted long-term fieldwork in the occupied Palestinian territories, exposes the abstract nature of regimes of power. While these regimes are often understood as suspending the law and legitimizing violence, they emerge in Kelly's analysis as having created an intimate relationship between legal orders of rights and violence. The book focuses on legal practice, rather than legal doctrine, and inquires into how law, rights claims, and spaces of jurisdictions are mobilized in the village where Kelly conducted his fieldwork (given the fictional name of Bayt Hajjar). Instead of viewing rights talk as alien and imposed from above and reducing all frameworks of moral and political reference to that of the law, the book reveals the many meanings acquired by the law in its everyday coexistence with other significant relationships: "For the residents of Bayt Hajjar, rights claims do not emerge in an abstract legal universe, but are created in the context of ongoing, morally charged relationships, involving elements of village and national solidarity. The result is a profoundly ambivalent attitude to legal claims".
- Political Geography:
- Palestine, Arabia, United Nations, and Lebanon