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.


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.


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.


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 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.


Legal Anthropology

Legal Anthropology

Author: Norbert Rouland

Publisher: A&C Black

Published: 1994-01-01

Total Pages: 370

ISBN-13: 9780485114034

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This account of the anthropology of law is remarkable in its command of the Anglo-American and Continental literatures in this field; and it is timely in addressing contemporary issues. Two central projects are carried through in succesive parts of the book. In the first, the author outlines the history of the "anthropology of law," drawing on the intellectual context of legal development. In the second, Professor Rouland examines the legal ideas, institutions and processes of small-scale non-Western societies, moving finally towards an anthropology of modern law. The author has published widely within the field of legal anthropology.


Law, Family, and Women

Law, Family, and Women

Author: Thomas Kuehn

Publisher: University of Chicago Press

Published: 2015-08-07

Total Pages: 430

ISBN-13: 0226457656

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Focusing on Florence, Thomas Kuehn demonstrates the formative influence of law on Italian society during the Renaissance, especially in the spheres of family and women. Kuehn's use of legal sources along with letters, diaries, and contemporary accounts allows him to present a compelling image of the social processes that affected the shape and function of the law. The numerous law courts of Italian city-states constantly devised and revised statutes. Kuehn traces the permutations of these laws, then examines their use by Florentines to arbitrate conflict and regulate social behavior regarding such issues as kinship, marriage, business, inheritance, illlegitimacy, and gender. Ranging from one man's embittered denunciation of his father to another's reaction to his kinsmen's rejection of him as illegitimate, Law, Family, and Women provides fascinating evidence of the tensions riddling family life in Renaissance Florence. Kuehn shows how these same tensions, often articulated in and through the law, affected women. He examines the role of the mundualdus—a male legal guardian for women—in Florence, the control of fathers over their married daughters, and issues of inheritance by and through women. An ambitious attempt to reformulate the agenda of Renaissance social history, Kuehn's work will be of value to both legal anthropologists and social historians. Thomas Kuehn is professor of history at Clemson University.


Law's Anthropology

Law's Anthropology

Author: Paul Burke

Publisher: ANU E Press

Published: 2011-11-01

Total Pages: 336

ISBN-13: 1921862432

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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.