H Duschinski
Biographic Data
| ID | 13426 |
|---|---|
| NAME | H Duschinski |
| GIVEN NAMES | H |
| FAMILY NAME | Duschinski |
| SIGNATURE | DUSCHINSKI H |
| AFFILIATIONS | Ohio University |
| ORCID | 0000-0002-2578-4011 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 65 |
| WORKS AS AUTHOR | 14 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 4 |
Between Freedom and Justice
In Indian-controlled Kashmir, local residents express aspirations for freedom from Indian-militarized governance even as they demand state accountability for pervasive everyday violence. Kashmiris negotiate this complexity through jurisdictional contestation, asserting alternative forms of authority to speak about law and develop strategies for justice and political transformation. Drawing from sociolegal literatures of jurisdiction and global le…
Introduction to Themed Section
Occupations in context - The cultural logics of occupation, settler violence, and resistance
The grid of indefinite incarceration
This article analyzes the everyday legality of the preventive detention regime in Kashmir as a means of waging war against political dissidents. We follow the circulation of detainees and their files across multiple legal venues and regimes to show how the counterinsurgency state reinscribes spectacular and terrifying forms of violence through modalities of banal paperwork and iterative performances of the rule of law. Drawing on ethnographic and…
Constituting the occupation
This article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal institutions that have enacted generalized notions of emergency and crisis. We argue that the distinctive socio-spatial power structures established between India and Kashmir in a provisional capacity amidst war and partition at t…
Introduction
This special issue of The Journal of Legal Pluralism and Unofficial Law brings together legal anthropologists and legal scholars who share a common commitment to understanding law's formative and constitutive role in relation to the social, cultural, and political dynamics of occupation. The authors draw upon and extend recent work on the emergence of new forms of military, multilateral, and humanitarian occupations, and their roles in reinforcin…
Enduring injustice
This article examines post-colonial memory politics in contemporary Namibia. It analyzes the ways in which ethnic Nama and Herero genocide reparations activists struggle to include Germany’s colonial-era genocide of their communities in the national narrative of the contemporary Namibian state. In this article, we explore the extent to which the dominant political party, SWAPO, defines the state through the production of a hegemonic narrative abo…
Contestations Over Law, Power and Representation in Kashmir Valley
This essay traces forms of everyday life, political dissent and identity politics under conditions of intensive militarization and ongoing emergency legislation in Indian-administered Kashmir Valley. Drawing on ethnographic material collected during field research in 2009 and 2010, the essay traces patterns of coercion, containment and contestation in the region, with special attention to how law functions as a site of militarization and control …
On the frontlines of the law
This article analyzes the role of Kashmiri lawyers working in a context of conflict, militarization and political resistance in Kashmir Valley, India. It finds that the Kashmir Bar Association, operating under conditions of state control that are maintained and legitimized through the law, constitutes an authoritative normative community and powerful institutional actor, working within the parameters of the Indian legal system while simultaneousl…
Reproducing Regimes of Impunity
In India, the phrase 'fake encounter' refers to the extrajudicial killing of a civilian followed by the official claim that the victim was a Pakistani infiltrator killed in a legitimate military encounter with police or army forces. This article explores the widespread pattern of fake encounters in Kashmir Valley in order to shed light on the processes through which violence and terror become fictionalized and fantastic, with Kashmiri bodies gain…
Destiny Effects
This paper examines the juridico-political logic of exception in Kashmir Valley to demonstrate how Kashmiri civilians have been identified as threats to national order and incarcerated, literally and figuratively, as prisoners of the state. Particular attention is paid to how intensive militarization, authorized through legal provision, produces patterns of impunity that exceed and operate beyond the domain of law. The claim is that triangulation…
Survival Is Now Our Politics”
Routine Violence
India Displacing Indians for the Sake of India
Destiny Effects
This paper examines the juridico-political logic of exception in Kashmir Valley to demonstrate how Kashmiri civilians have been identified as threats to national order and incarcerated, literally and figuratively, as prisoners of the state. Particular attention is paid to how intensive militarization, authorized through legal provision, produces patterns of impunity that exceed and operate beyond the domain of law. The claim is that triangulation…
Occupations in context - The cultural logics of occupation, settler violence, and resistance
Survival Is Now Our Politics”
The grid of indefinite incarceration
This article analyzes the everyday legality of the preventive detention regime in Kashmir as a means of waging war against political dissidents. We follow the circulation of detainees and their files across multiple legal venues and regimes to show how the counterinsurgency state reinscribes spectacular and terrifying forms of violence through modalities of banal paperwork and iterative performances of the rule of law. Drawing on ethnographic and…
Enduring injustice
This article examines post-colonial memory politics in contemporary Namibia. It analyzes the ways in which ethnic Nama and Herero genocide reparations activists struggle to include Germany’s colonial-era genocide of their communities in the national narrative of the contemporary Namibian state. In this article, we explore the extent to which the dominant political party, SWAPO, defines the state through the production of a hegemonic narrative abo…
India Displacing Indians for the Sake of India
On the frontlines of the law
This article analyzes the role of Kashmiri lawyers working in a context of conflict, militarization and political resistance in Kashmir Valley, India. It finds that the Kashmir Bar Association, operating under conditions of state control that are maintained and legitimized through the law, constitutes an authoritative normative community and powerful institutional actor, working within the parameters of the Indian legal system while simultaneousl…
India Displacing Indians for the Sake of India
Survival Is Now Our Politics”
Routine Violence
Destiny Effects
This paper examines the juridico-political logic of exception in Kashmir Valley to demonstrate how Kashmiri civilians have been identified as threats to national order and incarcerated, literally and figuratively, as prisoners of the state. Particular attention is paid to how intensive militarization, authorized through legal provision, produces patterns of impunity that exceed and operate beyond the domain of law. The claim is that triangulation…
Reproducing Regimes of Impunity
In India, the phrase 'fake encounter' refers to the extrajudicial killing of a civilian followed by the official claim that the victim was a Pakistani infiltrator killed in a legitimate military encounter with police or army forces. This article explores the widespread pattern of fake encounters in Kashmir Valley in order to shed light on the processes through which violence and terror become fictionalized and fantastic, with Kashmiri bodies gain…
On the frontlines of the law
This article analyzes the role of Kashmiri lawyers working in a context of conflict, militarization and political resistance in Kashmir Valley, India. It finds that the Kashmir Bar Association, operating under conditions of state control that are maintained and legitimized through the law, constitutes an authoritative normative community and powerful institutional actor, working within the parameters of the Indian legal system while simultaneousl…
Contestations Over Law, Power and Representation in Kashmir Valley
This essay traces forms of everyday life, political dissent and identity politics under conditions of intensive militarization and ongoing emergency legislation in Indian-administered Kashmir Valley. Drawing on ethnographic material collected during field research in 2009 and 2010, the essay traces patterns of coercion, containment and contestation in the region, with special attention to how law functions as a site of militarization and control …
Constituting the occupation
This article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal institutions that have enacted generalized notions of emergency and crisis. We argue that the distinctive socio-spatial power structures established between India and Kashmir in a provisional capacity amidst war and partition at t…
Introduction
This special issue of The Journal of Legal Pluralism and Unofficial Law brings together legal anthropologists and legal scholars who share a common commitment to understanding law's formative and constitutive role in relation to the social, cultural, and political dynamics of occupation. The authors draw upon and extend recent work on the emergence of new forms of military, multilateral, and humanitarian occupations, and their roles in reinforcin…
Enduring injustice
This article examines post-colonial memory politics in contemporary Namibia. It analyzes the ways in which ethnic Nama and Herero genocide reparations activists struggle to include Germany’s colonial-era genocide of their communities in the national narrative of the contemporary Namibian state. In this article, we explore the extent to which the dominant political party, SWAPO, defines the state through the production of a hegemonic narrative abo…
Between Freedom and Justice
In Indian-controlled Kashmir, local residents express aspirations for freedom from Indian-militarized governance even as they demand state accountability for pervasive everyday violence. Kashmiris negotiate this complexity through jurisdictional contestation, asserting alternative forms of authority to speak about law and develop strategies for justice and political transformation. Drawing from sociolegal literatures of jurisdiction and global le…
Introduction to Themed Section
Occupations in context - The cultural logics of occupation, settler violence, and resistance
The grid of indefinite incarceration
This article analyzes the everyday legality of the preventive detention regime in Kashmir as a means of waging war against political dissidents. We follow the circulation of detainees and their files across multiple legal venues and regimes to show how the counterinsurgency state reinscribes spectacular and terrifying forms of violence through modalities of banal paperwork and iterative performances of the rule of law. Drawing on ethnographic and…
South Asian Studies and Conflicts (12 works) · Sociology (9 works) · Law (8 works) · Political science (8 works) · Politics (7 works) · Law (6 works) · Politics and Conflicts in Afghanistan, Pakistan, and Middle East (6 works) · Criminology (5 works) · Southeast Asian Sociopolitical Studies (4 works) · Anthropological Studies and Insights (3 works)