Law, Anthropology, and the Constitution of the Social
Law, Anthropology, and the Constitution of the Social

Author: Alain Pottage

Publisher: Cambridge University Press

Published: 2004-06-24

Total Pages: 324

ISBN-13: 9780521539456

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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.

History and Power in the Study of Law
History and Power in the Study of Law

Author: June Starr

Publisher: Cornell University Press

Published: 2018-03-15

Total Pages: 510

ISBN-13: 1501723332

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Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the ‘legal’ as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.

The Oxford Handbook of Law and Anthropology
The Oxford Handbook of Law and Anthropology

Author: Marie-Claire Foblets

Publisher: Oxford University Press

Published: 2022-04-01

Total Pages: 993

ISBN-13: 0192577018

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The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Law and Anthropology
Law and Anthropology

Author: Wolfgang Fikentscher

Publisher:

Published: 2015-07

Total Pages: 600

ISBN-13: 9783406659072

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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 Life of the Law
The Life of the Law

Author: Laura Nader

Publisher: Univ of California Press

Published: 2002-02-28

Total Pages: 286

ISBN-13: 9780520936188

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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.

The Anthropology of Law
The Anthropology of Law

Author: Fernanda Pirie

Publisher: OUP Oxford

Published: 2013-10-31

Total Pages: 281

ISBN-13: 0191650668

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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. 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.

Spaces of Law and Custom
Spaces of Law and Custom

Author: Edoardo Frezet

Publisher: Routledge

Published: 2021-07-14

Total Pages: 283

ISBN-13: 1000406458

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This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.

Anthropology & Law
Anthropology & Law

Author: James M. Donovan

Publisher: Berghahn Books

Published: 2003

Total Pages: 252

ISBN-13: 9781571814234

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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."--Jacket.

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.