Chapter Outline. The thesis is structured in a way that I hope will address the questions and themes that I have raised, building from the focal points encompassed in the thesis title and exploring the moments and locations of exile inhabited by three musicians. Seeing their oral histories as referential starting points and as primary materials for a wider enquiry, I explore forms of musical transmission in light of a range of influences, musical and socio-historical, which have shaped their approaches to, and concepts of, Palestinian musical performance. Setting their narratives within the themes encountered in this chapter and through the lens of ethnological debates in regards to collective memory and Palestinian nationalism, I see the case studies as a set of interwoven threads, around musical lives lived independently as component parts of a larger whole – or, to paraphrase Said, as dispersed voices from a national community. 61 As an Arab doctor in Galilee Xxxxx Xxxxxxxx admits a “xxxx and feeble form of resistance to the Zionist enterprise that seeks to obliterate our national identity”. (2008, 180) Reflecting the unique life stories and experiences encompassed in the case studies, the thesis is organised through a separate focus on each musician, comprising three “parts”, with each consisting of thematically-arranged chapters or sections. After this introductory section, Chapter 2 is dedicated to methodological process, introducing the musicians and my own route into the field, before expanding into three interlinked areas: a review of debates and discussions around oral history and memory, with a particular focus on Palestinian narratives; an explanation of what I see as the significance of the contributions of Xxxx, Xxxxx and Xxxxxx as oral historians; and an outline of my methodological plan, particularly towards fieldwork, interview techniques and positional issues. The first case study, labelled Part I, is based on interview material with Xxxx Xxxxxx and is divided into three main sections. Chapter 3 delves into the surroundings in her early years in Kuwait, setting a cosmopolitan musical environment within broader cultural and political events in a post-independence emirate; I focus on Xxxxxx, as the material of Xxxx’s first childhood performances; and on her mother’s singing in the home, reflecting on the casual transmission of Palestinian nationalist narratives; in concluding this chapter, I consider the extent to which the space offered to Palestinians by ...
Chapter Outline. Chapter One of this dissertation offers a historical analysis of the Indonesian religious courts and their contexts and challenges in Lombok. It examines the courts as the domain where Islamic law is applied and debated and to what extent it is enforced. Although traditionalist Muslims, modernist Muslims and Muslim women activists engage in debates over the ideal form of Islamic law to be applied in Indonesian religious courts, they are unable to determine which Islamic laws should be adjudicated at the religious courts because the state controls the court’s jurisdiction. This chapter also provides the historical and demographical contexts of Lombok, where Islam and local custom (adat) play complementary roles in regulating the affairs of the 135 On the ethnographic method that use textual-printed data, see Xxxxxxxx Xxxxxxx, “Xxxxx’a Ethnography,” in Xxxxxxx, Xxxxxxxxx and Xxxxx (eds.), The Law Applied, p. 173-193. Muslim family, such as marriage and divorce. In addition, this chapter details the operation of the religious courts at the local and regional levels and analyses the cultural contexts of Lombok that influence the court. It also discusses conflicts that the religious courts encounter, especially from local Muslim religious scholars (xxxx guru). A narrative of a conflict between a judge and a xxxx xxxx during the occasion of a circuit court hearing is presented to illustrate the contestation of Islamic legal authority and the right of the state to define the nature of Islamic practice. Chapter Two focuses on judicial practices at the religious court of Central Lombok and details its competence and its jurisdiction. The chapter describes the physical layout of the courthouse and describes court personnel, judges and clerks, the procedure and categories of litigation as well as access to the court by litigants. It specifically analyses the court’s lack of success in convincing conflicting parties to reconcile. The chapter also offers data on legal cases received by the court over the last few years. By presenting different types of legal cases, such as validation of unregistered marriage (isbat nikah), inheritance (waris), polygamy and substitute marriage guardianship (wali pengganti), the chapter examines the principles of Islamic legal reasoning as they are reflected in these cases and the ways in which judges decide them. In addition, the chapter presents data regarding talak and gugat divorces and the litigants’ backgrounds. The primary concern...
Chapter Outline. The remainder of this study will be divided into five chapters and arranged as follows: Chapter one focuses on understanding moral injury from a pastoral theological perspective. The chapter opens with a general note on why trauma in general, and moral injury in particular, ought to be regarded as an issue worthy of greater pastoral attention. Following this, I review various definitions and understandings of moral injury across disciplines. After gaining a sense of the status quaestionis, I close the chapter by proposing a definition of moral injury in which I seek to understand the phenomenon from a theological perspective. By doing so, I couch moral injury in the theological language of sin. This establishes the foundation upon which the remainder of my research sits. After posing moral injury as a pastoral theological issue in chapter one, chapter two is dedicated to understanding ritual as a fitting pastoral response to this problem. The chapter opens with a definition of such terms as “ritual” and “worship” that are to be the presumed understandings of these terms throughout this study. The remaining and vast majority of the chapter, however, is divided into two interrelated parts. The first details the unique challenges that moral injury offers for conventional approaches to pastoral care. The second provides an 22 In chapter three I make a distinction between what I call theocentric and humanistic rituals. There I describe “humanistic liturgies” as ad hoc liturgies designed to address emergent pastoral situations with the primary aim of providing some therapeutic or practical benefit for its central participants argument for why rituals circumvent some of these issues and furnish a means of addressing the pastoral needs of the morally injured. Chapter three offers an investigation of two bodies of literature that culminates in my proposal of three principles for a ritual approach to pastoral care. In the course of the chapter I conduct a summary and analysis of material related to the care of veterans suffering from moral injury or combat-related guilt, as well as literature in which ritual/liturgy/worship and pastoral care intersect. Having established moral injury as a pastoral issue and ritual as a proper pastoral response, this chapter provides a summary of how the two have been approached to date. From and in response to this material, I propose three principles that should undergird a ritual approach to pastoral care. By presenting these prin...
Chapter Outline. In this chapter I develop a threshold-based framework for the fully parametric analysis of time to event data. Motivated by the need to elucidate the risk process and model moderation, I demonstrate the benefits of the threshold regression model from the post-hoc analyses of the Genome-based Therapeutic Drugs for Depression (GENDEP). The study randomised patients to two antidepressants with different biological actions. The results from the GENDEP analysis estimate the association between randomised antidepressant treatment and depression remission. An inverse Gaussian model allows this link to be understood with substantial insight and with a refined attribution of depression remission to measured trial variables. The parameters of the model are estimated by maximum likelihood. I compare the IG model results with those obtained from a Weibull model, noting the direction and magnitude of the parameter estimates. Estimates of model fit of this innovative model structure are also shown. I also present Stata programs to compare the models.
Chapter Outline. In this chapter I introduce the simulation study and its aims, data-generating mechanisms, estimands, methods, and performance measures employed. I validate the properties of the growth curve with a threshold method by simulations that test various study settings and designs. The growth curve with a threshold model is compared to Xxxxxx Xxxxx, parametric Weibull and threshold based inverse Gaussian models. I describe the results of the simulations.
Chapter Outline. In Chapter Two, I analyze a Gujarat 2002 related lower court criminal trial in Ahmedabad as a site for analyzing how ordinary court proceedings and legal discourse challenge, attack and ultimately invalidate the testimony of the survivor. With the global spread of human rights discourses and the concomitant valorization of testimony and witnessing in human rights arenas, NGOs and human rights activists in Gujarat support and encourage survivors to testify in the courtroom. But they face the paradox of demanding justice from a state apparatus and political regime that encouraged and justified the attacks against Muslims in the first place. I show how trials designed to help victims “bear witness” and punish perpetrators end up reinforcing regimes of impunity. I explore the distinction between individual testimony and collective violence, documented and undocumented aspects of legal evidence, and the paper trail of police documentation as three key factors that prevent survivors from making perpetrators accountable for mass violence. While many scholars have shown the inadequacies and elisions in the production of legal truths and the failure of the rule of law, I argue that the very technology of legal truth obfuscates, erases, and ignores violence that is illegal, but nevertheless constitutive of state power. Paper and paper trails are crucial for how the law knows (or ignores) violence. I explore the implications of police documentation as a form of archiving that erases and overwrites targeted violence against Muslims. I explore paradoxical forms of state power, materialized in its form of documentation, by which forms of recording and archiving, harm and injury become the tools through which harm and violence against minorities is systematically erased and denied. Official forms of documentation, or what legal theorists have called legal technologies of truth, must also be examined for their ability to inscribe falsity. In Chapter Three, I analyze over a hundred police First Information Reports (henceforth FIR) recorded in the Madhavnagar police station in Ahmedabad during Gujarat 2002. I argue that FIRs play a key role in distributing meaning, agency and culpability to mass anti-Muslim violence in ways that make prosecution improbable, if not impossible. Because official (police and legal) documentation control and shape “what and who is witnessed” during the violence, the FIR, as the most basic artifact of the police bureaucracy, makes targeted violen...
Chapter Outline. 1 6 1 Chapter 1: Introduction to the Study This chapter will provide the background to the topic of this research, while placing Africa in its chronological position in the events that have led to international trade law as it is known today. In doing so, the chapter will focus on the development of a rules- based trade regime and the efforts towards integration by African states in the post- independence era. The chapter will then outline the 3 points sought to be addressed by this research, taking note of relevant matters to be considered in relation to the proper enforceability of the AfCFTA. The chapter will also include the objectives of the research as well as its methodology. This chapter also contains an outline of the content to be covered by each of the chapters of this research.
1 6 2 Chapter 2: The Building Blocs to the African Continental Free Trade Agreement This chapter seeks to provide an overview of the 8 RECs recognised as building blocs to the AfCFTA and, in particular, whether these RECs are, in fact, in a position to act in accordance with this recognition. This chapter is also intended to provide an insight into potential areas of concern within the respective RECs which pose a threat to the advancement of the integration agenda. The chapter will contain an observation of the position of the AfCFTA within the long history of the integration initiatives of the African continent and will discuss the role of the AU in the integration agenda.
1 6 3 Chapter 3: Regulation of Free Trade Agreements in the Multilateral ` Trading Platform This chapter deals with the requirements regulating the establishment of FTAs. It commences by providing an understanding of the growing acceptance of regionalism in the form of regional trade agreements in what was initially intended to be a multilateral global trade platform. The chapter will thereafter outline the role of regional trade agreements in global trade, taking into specific consideration the various forms of regional trade agreements which exist and how they may differ. The final discussion of this chapter is concerned with the relevant GATT requirements for FTAs.
1 6 4 Chapter 4: Enforcement of Regional Agreements by African States This chapter considers the enforcement of provisions of regional agreements by member states. Specifically, the chapter is concerned with two main points. The first relates to the domestication of agreements by member states. The second relates to the role of the cour...
