American Indian Constitutional Reform And The Rebuilding Of Native Nations

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American Indian Constitutional Reform and the Rebuilding of Native Nations

Author : Eric D. Lemont
Publisher : University of Texas Press
Page : 361 pages
File Size : 48,8 Mb
Release : 2009-08-17
Category : Social Science
ISBN : 9780292778078

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American Indian Constitutional Reform and the Rebuilding of Native Nations by Eric D. Lemont Pdf

Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development. This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.

Rebuilding Native Nations

Author : Miriam Jorgensen
Publisher : University of Arizona Press
Page : 388 pages
File Size : 54,5 Mb
Release : 2007-12-13
Category : Social Science
ISBN : 0816524238

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Rebuilding Native Nations by Miriam Jorgensen Pdf

A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index

Rebuilding Native Nations

Author : Miriam Jorgensen
Publisher : University of Arizona Press
Page : 392 pages
File Size : 54,6 Mb
Release : 2007-12-13
Category : Social Science
ISBN : 0816524211

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Rebuilding Native Nations by Miriam Jorgensen Pdf

A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index

Harvard Law Review: Volume 129, Number 6 - April 2016

Author : Harvard Law Review
Publisher : Quid Pro Books
Page : 340 pages
File Size : 48,7 Mb
Release : 2016-04-10
Category : Law
ISBN : 9781610278010

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Harvard Law Review: Volume 129, Number 6 - April 2016 by Harvard Law Review Pdf

The April 2016 issue, Number 6, is the annual Developments in the Law special issue. The topic of this extensive contribution is "Indian Law," including specific focus on tribal executive branches, tribal authority to follow fresh pursuit onto nontribal land, reconsidering ICRA and rights, securing Indian voting rights, and indigenous people and extractive industries. In addition, the issue features these contents: • Article, "Reconstructivism: The Place of Criminal Law in Ethical Life," by Joshua Kleinfeld • Essay, "Rule of Law Tropes in National Security," by Shirin Sinnar • Book Review, "Coming into the Anthropocene," by Jedediah Purdy Furthermore, student commentary analyzes Recent Cases on excessive force and SWAT raids after "perfunctory" investigation; prior restraints and injunctions under copyright law; individual liability of FBI agents for detention of citizens abroad; religious establishment and display of the Ten Commandments; and charter schools as violations of state constitutional law. Finally, the issue includes four brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the sixth issue of academic year 2015-2016.

Indigeneity and Nation

Author : G. N. Devy,Geoffrey V. Davis
Publisher : Taylor & Francis
Page : 249 pages
File Size : 53,9 Mb
Release : 2020-10-06
Category : Social Science
ISBN : 9781000192131

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Indigeneity and Nation by G. N. Devy,Geoffrey V. Davis Pdf

Part of the series Key Concepts in Indigenous Studies, this book focuses on the concepts that recur in any discussion of nature, culture and society among the indigenous. The book, the third in a five-volume series, deals with the two key concepts of indigeneity and nation of indigenous people from all the continents of the world. With contributions from renowned scholars, activists and experts across the globe, it looks at issues and ideas of indigeneity, nationhood, nationality, State, identity, selfhood, constitutionalism, and citizenship in Africa, North America, New Zealand, Pacific Islands and Oceania, India, and Southeast Asia from philosophical, cultural, historical and literary points of view. Bringing together academic insights and experiences from the ground, this unique book with its wide coverage will serve as a comprehensive guide for students, teachers and scholars of indigenous studies. It will be essential reading for those in social and cultural anthropology, tribal studies, sociology and social exclusion studies, politics, religion and theology, cultural studies, literary and postcolonial studies, Third World and Global South studies, as well as activists working with indigenous communities.

Comparative Constitutional Law

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 49,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214

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Comparative Constitutional Law by Tom Ginsburg,Rosalind Dixon Pdf

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Indigenous Governance

Author : David E. Wilkins,E Claiborne Robins Distinguished Professor in Leadership Studies David E Wilkins
Publisher : Oxford University Press
Page : 505 pages
File Size : 45,8 Mb
Release : 2023-12
Category : Education
ISBN : 9780190096007

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Indigenous Governance by David E. Wilkins,E Claiborne Robins Distinguished Professor in Leadership Studies David E Wilkins Pdf

After decades of federal dominance and dependence, Native governments now command attention as they exercise greater degrees of political, economic, and cultural power. Given the weight and importance of many issues confronting Native peoples today, these governments arguably matter even more to their peoples and to the broader society than ever before. Native governments have become critically important as the chief providers of basic services and the authors of solutions to collective problems in their societies. As major actors within the realm of democratic politics, they increasingly wield their powers to educate and advocate regarding Indigenous concerns. For many communities (including non-Native neighbors) they are the largest spenders and employers. They have also become adept at negotiating intergovernmental agreements that protect their peoples and resources while strengthening their unique political status. Native peoples and governments are also navigating the devastating and lingering health and economic impact of COVID-19; the profound environmental problems that have been exacerbated by climate change; and jurisdictional conflicts with local, state, and federal actors. Indigenous Governance is a comprehensive, critical examination of Native political systems: the senior political sovereigns on the North American continent in terms of their origin, development, structures, and operation. Author David E. Wilkins provides the recognition and respect due Indigenous governments, while offering a considered critique of their shortcomings as imperfect, sovereign institutions. This appraisal will highlight their history, evolution, internal and intergovernmental issues, and diverse structures.

Power Balance

Author : Steven J. Haberfeld
Publisher : University of Oklahoma Press
Page : 245 pages
File Size : 51,5 Mb
Release : 2022-02-03
Category : Law
ISBN : 9780806190556

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Power Balance by Steven J. Haberfeld Pdf

Negotiation, understood simply as “working things out by talking things through,” is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of “interest-based negotiation” to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power—by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.

Documents of Native American Political Development

Author : David E. Wilkins
Publisher : Oxford University Press
Page : 560 pages
File Size : 51,5 Mb
Release : 2018-09-06
Category : Political Science
ISBN : 9780190212087

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Documents of Native American Political Development by David E. Wilkins Pdf

Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions. David E. Wilkins' two-volume work Documents of Native American Political Development traces how indigenous peoples have maintained and continued to exercise a significant measure of self-determination contrary to presumptions that such powers had been lost, surrendered, or vanquished. Volume One provided materials from the 1500s to 1933. This collection of primary source and other documents begins in 1933 and spans the subsequent eight decades. Broadly, the volume organizes this period into the following distinctive eras: indigenous political resurgence and reorganization (1934 to 1940s); indigenous termination/relocation (1940s to 1960s); indigenous self-determination (1960s to 1980s); and indigenous self-governance (1980s to present). Wilkins presents documents including the governing arrangements Native nations created and adapted that are comparable to formal constitutions; international and interest group records; statements by prominent Native and non-Native individuals; and sources featuring important innovations that display the political acumen of Native nations. The documents are arranged chronologically, and Wilkins provides concise, introductory essays to each document, placing them within the proper context. Each introduction is followed by a brief list of suggestions for further reading. This continued examination of fascinating and relatively unknown indigenous history, from a number of influential legal and political writings to the formal constitutions crafted since the American intervention of the Indian Reorganization Act of 1934, will be an invaluable resource for scholars and students of the history, law, and political development of Native peoples.

Handbook of Public Sociology

Author : Vincent Jeffries
Publisher : Rowman & Littlefield Publishers
Page : 506 pages
File Size : 47,8 Mb
Release : 2009-07-16
Category : Social Science
ISBN : 9780742566484

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Handbook of Public Sociology by Vincent Jeffries Pdf

Public sociology—an approach to sociology that aims to communicate with and actively engage wider audiences—has been one of the most widely discussed topics in the discipline in recent years. The Handbook of Public Sociology presents a comprehensive look at every facet of public sociology in theory and practice. It pays particular attention to how public sociology can complement more traditional types of sociological practice to advance both the analytical power of the discipline and its ability to benefit society. The volume features contributions from a stellar list of authors, including several past presidents of the American Sociological Association such as Michael Burawoy, a leading proponent of public sociology. The first two sections of the Handbook of Public Sociology look at public sociology in relation to the other three types of practice—professional, policy, and critical—with an emphasis on integrating the four types into a holistic model of theory and practice. Subsequent sections focus on issues like teaching public sociology at various levels, case studies in the application of public sociology, and the role of public sociology in special fields in the discipline. The concluding chapter by Michael Burawoy, a past president of the American Sociological Association and a leading proponent of public sociology, addresses current debates surrounding public sociology and presents a constructive vision for the future that embraces and improves upon all four types of sociology. The Handbook of Public Sociology with its examination not only of public sociology but also of how it can enhance and complement other types of practice, transcends differences in the field and will appeal to a wide range of academics, students, and practitioners.

American Indian Sovereignty and Law

Author : Wade Davies,Richmond L. Clow
Publisher : Scarecrow Press
Page : 649 pages
File Size : 48,9 Mb
Release : 2009-02-04
Category : History
ISBN : 9780810862364

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American Indian Sovereignty and Law by Wade Davies,Richmond L. Clow Pdf

American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier. The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.

Colonial Entanglement

Author : Jean Dennison
Publisher : Univ of North Carolina Press
Page : 274 pages
File Size : 55,9 Mb
Release : 2012-10-01
Category : Social Science
ISBN : 9780807835807

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Colonial Entanglement by Jean Dennison Pdf

Colonial Entanglement

Universities and Indian Country

Author : Dennis K. Norman,Joseph P. Kalt
Publisher : University of Arizona Press
Page : 233 pages
File Size : 42,9 Mb
Release : 2015-05-07
Category : Social Science
ISBN : 9780816521272

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Universities and Indian Country by Dennis K. Norman,Joseph P. Kalt Pdf

"This book provides a conceptual model for universities to address this unfortunate history and is a compilation of projects that were requested by Native communities or organizations and completed by Harvard graduate students. These projects provide information that can be used by educators, consultants, Native communities and organizations as primary resources for adaptation in other Native communities"--Provided by publisher.

Defying the Odds

Author : Gelya Frank,Carole E. Goldberg
Publisher : Yale University Press
Page : 426 pages
File Size : 46,6 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9780300162868

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Defying the Odds by Gelya Frank,Carole E. Goldberg Pdf

Defying the Odds examines the history of theTule River Tribe, a constituency of 1,500 members descended from the Southern Valley Yokuts Indians of California's Great Central Valley. This innovative book presents the first-ever study of a California tribe's political survival and transformation under American rule - from California statehood through the current Indian gaming era. The Tule River Tribe's struggle for sovereignty withstood challenges from political and legal institutions. Tribal members both reasserted and recast their traditions to preserve unity while competing for resources on their commonly owned reservation land base. The authors bring their remarkably rich knowledge of the Tribe's families and of federal Indian law to show how traditional leadership reemerged in the 1930s, under the Indian New Deal, through direct descendants of former chiefs. Vibrant portraits of men and women of the Tule River Tribe create a compelling narrative history, highlighting twentieth-century victories in land claims, government-to-government battles over Indian gaming, and use of Yokuts' traditional consensus - based negotiations over water rights with the Tribe's downstream neighbors. On every page of this groundbreaking book, the Tule River Tribe remains in frame as the protagonist of this exemplary story of indigenous struggle and triumph.

Strategies of Justice

Author : Burke A. Hendrix
Publisher : Unknown
Page : 320 pages
File Size : 52,6 Mb
Release : 2019-05-02
Category : Electronic
ISBN : 9780198833543

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Strategies of Justice by Burke A. Hendrix Pdf

Political theorists often imagine themselves as political architects, asking what an ideal set of laws or social structures might look like. Yet persistent injustices can endure for decades or even centuries despite such ideal theorizing. In circumstances of this kind, it is essential forpolitical theorists to think carefully about the political choices available to those who directly face such injustices and seek to change them.This book focuses on the claims of Aboriginal peoples to better treatment from the United States and Canada. Though other groups face similarly persistent injustices (e.g. African Americans in the United States), the specific details of injustice matter a great deal for its analysis. The bookfocuses on two intertwined issues: the kinds of moral permissions that those facing persistent injustice have when they act politically, and the kinds of transformations that political action may bring about in those who undertake it. The book argues for normative permissions to speak untruth topower; to circumvent or nullify existing law; to give primary attention to protecting one's own community first; and to engage in political experimentation that reshapes future generations. When carefully used, the book argues, these permissions may help political actors to avoid co-optation andself-delusion. At the same time, divisions of labor between those who grapple most closely with state institutions and those who keep their distance may be necessary to facilitate escape from persistent injustice over the long term.Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction asto approach or subject matter. Series Editors: Will Kymlicka and David Miller.