Comparative Law and Anthropology

The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields.

Author: James A.R. Nafziger

Publisher: Edward Elgar Publishing

ISBN: 1781955182

Category:

Page: 544

View: 464

The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.

Legal Anthropology

Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems.

Author: James M. Donovan

Publisher: Rowman Altamira

ISBN: 9780759109834

Category: Law

Page: 265

View: 298

Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.

Anthropology and Law

Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era.

Author: Mark Goodale

Publisher: NYU Press

ISBN: 1479836850

Category: Social Science

Page: 320

View: 114

An introduction to the anthropology of law that explores the connections between law, politics, and technology. From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.

Law and Anthropology

Author: Sally F. Moore

Publisher: Wiley-Blackwell

ISBN: 9781405102285

Category: Social Science

Page: 384

View: 423

This Reader offers a remarkable overview of the field of law and anthropology: its development, present, and potential future courses. Edited by a preeminent anthropologist, lawyer, and pioneer in the study of law & anthropology. Brings together classics of political thought and key contemporary work from social scientists and lawyers. Explores historical issues and more contemporary ones such as illegal migration, human rights, gender discrimination, political corruption, and reparations for injustices committed by previous regimes.

Law and Anthropology International Yearbook for Legal Anthropology

Author: René Kuppe

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792331421

Category: Law

Page: 416

View: 993

Volume 7 of "Law and Anthropology" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, "Law and Anthropology" will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.

Law and Anthropology

LAW , ANTHROPOLOGY , AND THE RECOGNITION OF INDIGENOUS
CULTURAL SYSTEMS Michael Davis Indigenous rights , biodiversity and natural
resources Australia has some of the world's most extensive biological diversity .
Yet this ...

Author: René Kuppe

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116024

Category: Law

Page: 344

View: 496

Amazon.

Law and Anthropology

category of legal anthropology and by redefining the category itself.33 Scholars
become, or do not become, legal anthropologists by processes of
selfidentification and/or external labelling.34 Such processes are normative,
selective, and often ...

Author: Michael Freeman

Publisher: Oxford University Press

ISBN: 019958091X

Category: Law

Page: 569

View: 575

Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.

Law and Anthropology

Anthropology of law as a science -- - History, schools, and names of anthropology of law -- Concepts of cultural anthropology -- Social norms (fora) : the theory of law, morals, custom, etiquette, habits, religious norms, political force, ...

Author: Wolfgang Fikentscher

Publisher:

ISBN: 9783406659072

Category:

Page: 600

View: 435

Dieses Werk ist eine der ersten systematischen Darstellungen der Rechtsanthropologie. Rechtsanthropologie als Teilgebiet der Kulturanthropologie widmet sich den kulturellen Bedingungen der Rechtssysteme in islamischen, hinduistischen, buddhistischen, animistischen, westlichen und post-sozialistischen Ländern. Es ist ein unverzichtbares Instrument zu besseren Verständnis außereuropäischer Rechtspraktiken, z.B. auch der Scharia.0Inhalt:0Anthropology of law as a science; History, schools, and names of anthropology of law; Concepts; Social norms; Theories of culture and cultures; Analyses in cultural anthropology; Biological anthropology in its relation to the anthropology of law.0The sub-disciplines of anthropology of law: 0Kinship patterns. Other anthropological aspects of family and gender; Societal order, personhood, and human rights (the anthropology of constitutional justice); Reciprocity, exchange, gifts, contracting, trust (the anthropology of commutative justice); Possession, ownership, probate; market and non-market economies; antitrust; cultural property and heritage of mankind; Torts, crimes, sanctions. Witchcraft and related issues; Jurisdiction. Procedure and dispute settlement. Conflicts of law.0.

The Anthropology of Law

The Anthropology of Law considers contemporary debates on human rights, international laws, and new forms of property alongside ethnographic studies of order and conflict resolution.

Author: Fernanda Pirie

Publisher: OUP Oxford

ISBN: 0191650668

Category: Social Science

Page: 288

View: 857

Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship. The Anthropology of Law considers contemporary debates on human rights, international laws, and new forms of property alongside ethnographic studies of order and conflict resolution. It also delves into the rich corpus of texts and codes studied by legal historians, classicists and orientalists: the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. Ancient codes, medieval coutumes, village constitutions, and tribal laws provide rich empirical detail for the authors analysis of the cross-cultural importance of the form of law, as text or rule, and carefully-selected examples shed new light upon the interrelations and distinctions between laws, custom, and justice. Legalism is taken as the starting point for inquiry into the nature and functions of law, and its roles as an instrument of government, a subject of scholarship, and an assertion of moral order. An argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth, which lie at the heart of what we think of as law.

Law Anthropology and the Constitution of the Social

This is just one sense in which our reflection on personification and reification in
law brings together law and anthropology . 14 The questions raised by
biotechnology and biomedicine are compounded by the effects of “ globalisation '
.

Author: Reader in Law Alain Pottage

Publisher: Cambridge University Press

ISBN: 9780521539456

Category: Law

Page: 310

View: 825

This collection of interdisciplinary essays explores how persons and things - the central elements of the social - are fabricated by legal rituals and institutions. The contributors, legal and anthropological theorists alike, focus on a set of specific institutional and ethnographic contexts, and some unexpected and thought-provoking analogies emerge from this intellectual encounter between law and anthropology. For example, contemporary anxieties about the legal status of the biotechnological body seem to resonate with the questions addressed by ancient Roman law in its treatment of dead bodies. The analogy between copyright and the transmission of intangible designs in Melanesia suddenly makes western images of authorship seem quite unfamiliar. A comparison between law and laboratory science presents the production of legal artefacts in new light. These studies are of particular relevance at a time when law, faced with the inventiveness of biotechnology, finds it increasingly difficult to draw the line between persons and things.

Legal Anthropology

In the second part Professor Rouland examines the legal ideas, institutions and processes of small-scale non-Western societies, moving finally towards an anthropology of modern law.

Author: Norbert Rouland

Publisher: Stanford University Press

ISBN: 9780804719315

Category: Law

Page: 352

View: 433

"The author outlines the history of the 'anthropology of law', drawing on the intellectual context of legal development. In the second part Professor Rouland examines the legal ideas, institutions and processes of small-scale non-Western societies, moving finally towards an anthropology of modern law."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Anthropology and Law

The work of Nader and others in the field of alternative dispute resolution stands
out particularly as a possible addition to Chapter Three , one that illuminates a
further theoretical benefit of anthropology to law . From our perspective , however
 ...

Author: James M. Donovan

Publisher: Berghahn Books

ISBN: 9781571814241

Category: Social Science

Page: 246

View: 203

The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems. Legal practice renders a further important benefit to anthropology when it validates anthropological knowledge through the use of anthropologists as expert witnesses in the courtroom and the introduction of the "culture defense" against criminal charges. Although the actual relationship between anthropology and law today falls short of this idealized state of balanced reciprocity, the authors include historical and other data suggesting that that level of intimate cooperation draws ever closer.

Law s Anthropology

The essence of this book, and its major claim to originality, is the move to step
outside the professional discourse of both law and anthropology so that a more
comprehensive account of their interaction in native title might be provided. In
other ...

Author: Paul Burke

Publisher: ANU E Press

ISBN: 1921862432

Category: Social Science

Page: 326

View: 245

Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.

History and Power in the Study of Law

Pt. 1.Resisting and consolidating state-level legal systems:The symbolic vocabulary of public executions /Anton Blok --Law and social change in nineteenth-century Norway /Vilhelm Aubert --A redistributive model for analyzing government ...

Author: June Starr

Publisher: Cornell University Press

ISBN: 9780801494239

Category: Law

Page: 377

View: 758

Pt. 1.Resisting and consolidating state-level legal systems:The symbolic vocabulary of public executions /Anton Blok --Law and social change in nineteenth-century Norway /Vilhelm Aubert --A redistributive model for analyzing government mediation and law in family, community, and industry in a New England industrial city /June Nash --Constitution-making in Islamic Iran: the impact of theocracy on the legal order of a nation-state /Said Amir Arjomand --pt. 2.Exporting and extending legal orders:Law and the colonial state in India /Bernard S. Cohn --Contours of change: agrarian law in colonial Uganda, 1895-1962 /Joan Vincent --Thinking about "interests": legislative process in the European community /Francis G. Snyder --pt. 3.Receiving and rejecting national legal processes:The impact of second republic labor reforms in Spain /George A. Collier --Entrepreneurs and the law: self-employed Surinamese in Amsterdam /Jeremy Boissevain and Hanneke Grotenbreg --Interpreting American litigiousness /Carol J. Greenhouse --pt. 4.Constructing and shaping law:History and the redefinition of custom on Kilimanjaro /Sally Falk Moore --Islamic "case law" and the logic of consequence /Lawrence Rosen --The crown, the colonists, and the course of Zapotec village law /Laura Nader --The "invention" of early legal ideas: Sir Henry Maine and the perpetual tutelage of women /June Starr.

Law as Process

This is a study of the role of law in society, using both pre-industrial and modern settings. It argues that the same social processes which prevent the total regulation of society also reshape and transform efforts at partial regulation.

Author: Sally Falk Moore

Publisher: LIT Verlag Münster

ISBN: 9783825844929

Category: Social Science

Page: 270

View: 529

This is a study of the role of law in society, using both pre-industrial and modern settings. It argues that the same social processes which prevent the total regulation of society also reshape and transform efforts at partial regulation.

Public Justice and the Anthropology of Law

PUBLIC JUSTICE AND THE ANTHROPOLOGY OF LAW In this powerful, timely
study Ronald Niezen examines the processes by which cultural concepts are
conceived and collective rights are defended in international law. Niezen argues
that ...

Author: Ronald Niezen

Publisher: Cambridge University Press

ISBN: 1139493191

Category: Social Science

Page:

View: 215

In this powerful, timely study Ronald Niezen examines the processes by which cultural concepts are conceived and collective rights are defended in international law. Niezen argues that cultivating support on behalf of those experiencing human rights violations often calls for strategic representations of injustice and suffering to distant audiences. The positive impulse behind public responses to political abuse can be found in the satisfaction of justice done. But the fact that oppressed peoples and their supporters from around the world are competing for public attention is actually a profound source of global difference, stemming from differential capacities to appeal to a remote, unknown public. Niezen's discussion of the impact of public opinion on law provides fresh insights into the importance of legally-constructed identity and the changing pathways through which it is being shaped - crucial issues for all those with an interest in anthropology, politics and human rights law.

The Life of the Law

In this book she gives an overview of the history of legal anthropology and at the same time urges anthropologists, lawyers, and activists to recognize the centrality of law in social change.

Author: Laura Nader

Publisher: Univ of California Press

ISBN: 9780520936188

Category: Social Science

Page: 275

View: 419

Laura Nader, an instrumental figure in the development of the field of legal anthropology, investigates an issue of vital importance for our time: the role of the law in the struggle for social and economic justice. In this book she gives an overview of the history of legal anthropology and at the same time urges anthropologists, lawyers, and activists to recognize the centrality of law in social change. Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and passionately argues that the atrophy of the plaintiff's power during this period represents a profound challenge to justice and democracy. Taking into account the vast changes wrought in both anthropology and the law by globalization, Nader speaks to the increasing dominance of large business corporations and the prominence of neoliberal ideology and practice today. In her discussion of these trends, she considers the rise of the alternative dispute resolution movement, which since the 1960s has been part of a major overhaul of the U.S. judicial system. Nader links the increasing popularity of this movement with the erosion of the plaintiff's power and suggests that mediation as an approach to conflict resolution is structured to favor powerful--often corporate--interests.

Anthropology of Law

Author: Leopold J. Pospisil

Publisher: Human Relations Area Files (HRAF)

ISBN:

Category: Droit - Philosophie

Page: 385

View: 702


Hindu Divorce

This comparative study investigates the place of Hindu divorce in the Indian legal system and considers whether it offers a way out of a matrimonial crisis situation for women.

Author: Livia Holden

Publisher: Routledge

ISBN: 1317121899

Category: Law

Page: 284

View: 540

This comparative study investigates the place of Hindu divorce in the Indian legal system and considers whether it offers a way out of a matrimonial crisis situation for women. Using the narratives of the social actors involved, it poses questions about the relationship between traditional jurisdictions located in rural areas and the larger legal culture of towns and cities in India, and also in the UK and USA. The multidisciplinary approach draws on research from the social sciences, feminist and legal studies and will be of interest to students and scholars of law, anthropology and sociology.

Order and Dispute

A classic resource in the modern study of the anthropology of law, this book is now widely available again in an updated and expanded edition.

Author: Simon Roberts

Publisher: Quid Pro Books

ISBN: 1610271858

Category: Social Science

Page: 177

View: 166

A classic resource in the modern study of the anthropology of law, this book is now widely available again in an updated and expanded edition. There are many societies that survive in a remarkably orderly fashion without the help of judges, law courts and policemen. They are small in scale and have relatively simple technologies, lacking those centralized agencies which we associate with legal systems; yet early anthropologists did not hesitate to name “law,” along with kinship, politics and religion, as one of the facets of their subject. Simon Roberts contends, however, that legal theory has become too closely identified with our own arrangements in western societies to be of much help in cross-cultural studies of order. But conversely, by looking at the ways in which other societies keep order and solve disputes, he sheds valuable light on the contemporary debates about order in our own society, in a straightforward text which will be accessible to the general reader and anthropologist alike. Now in its Second Edition with a new Foreword and Afterword by the author, this renowned introduction to the anthropology of law is part of the Classics of Law & Society Series from Quid Pro Books.