Comparative Law and Anthropology

Comparative Law and Anthropology

Author: James A.R. Nafziger

Publisher: Edward Elgar Publishing

Published: 2017-12-29

Total Pages: 1084

ISBN-13: 1781955182

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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.


Comparative Methods in Law, Humanities and Social Sciences

Comparative Methods in Law, Humanities and Social Sciences

Author: Adams, Maurice

Publisher: Edward Elgar Publishing

Published: 2021-11-19

Total Pages: 288

ISBN-13: 1802201467

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This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.


Legal Anthropology

Legal Anthropology

Author: James M. Donovan

Publisher: Rowman Altamira

Published: 2007

Total Pages: 292

ISBN-13: 9780759109834

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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

Author: Mark Goodale

Publisher: NYU Press

Published: 2017-05-02

Total Pages: 429

ISBN-13: 1479836850

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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.


Comparative Law as Critique

Comparative Law as Critique

Author: Günter Frankenberg

Publisher: Edward Elgar Publishing

Published: 2016-04-29

Total Pages: 296

ISBN-13: 1785363948

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Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.


The Law of Primitive Man

The Law of Primitive Man

Author: E. Adamson Hoebel

Publisher: Harvard University Press

Published: 2009-07

Total Pages: 372

ISBN-13: 9780674038707

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This classic work in the anthropology of law offers ambitiously conceived analyses of the fundamental rights and duties treated as law among nonliterate peoples. The heart of the book is an analysis of the law of five societies: the Eskimo; the Ifugao; the Comanche, Kiowa, and Cheyenne tribes; the Trobriand Islanders; and the Ashanti.


Normativity and Diversity in Family Law

Normativity and Diversity in Family Law

Author: Nadjma Yassari

Publisher: Springer Nature

Published: 2021-11-21

Total Pages: 375

ISBN-13: 303083106X

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With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.


The Anthropology of Law

The Anthropology of Law

Author: Fernanda Pirie

Publisher: Oxford University Press, USA

Published: 2013-10

Total Pages: 281

ISBN-13: 0199696845

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"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.


Law and Anthropology

Law and Anthropology

Author: Sally F. Moore

Publisher: Wiley-Blackwell

Published: 2004-09-17

Total Pages: 384

ISBN-13: 9781405102278

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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.


The Cambridge Companion to Comparative Law

The Cambridge Companion to Comparative Law

Author: Mauro Bussani

Publisher: Cambridge University Press

Published: 2012-08-16

Total Pages: 423

ISBN-13: 0521895707

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The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.