Comparative Law And Anthropology

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Comparative Law and Anthropology

James A.R. Nafziger
Comparative Law and Anthropology Book PDF

Author : James A.R. Nafziger
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 53,7 Mb
Release : 2024-06-21
Category : Electronic
ISBN : 9781781955185

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Comparative Law and Anthropology by James A.R. Nafziger Pdf

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.

Law and Anthropology

Michael D. A. Freeman,David Napier
Law and Anthropology Book PDF

Author : Michael D. A. Freeman,David Napier
Publisher : Academic
Page : 583 pages
File Size : 52,8 Mb
Release : 2009-11-19
Category : Law
ISBN : 9780199580910

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Law and Anthropology by Michael D. A. Freeman,David Napier Pdf

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.

Researching Indigenous Law. Legal Anthropology or Comparative Law?

Stefan Kirchner
Researching Indigenous Law Legal Anthropology or Comparative Law Book PDF

Author : Stefan Kirchner
Publisher : GRIN Verlag
Page : 20 pages
File Size : 52,5 Mb
Release : 2015-07-03
Category : Law
ISBN : 9783668010925

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Researching Indigenous Law. Legal Anthropology or Comparative Law? by Stefan Kirchner Pdf

Essay from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: In developed countries, indigenous peoples are often portrayed as (noble) savages or as remnants from an other age. However, they are neither. While being different from the majority population, and all too often having been (and often continuing to be) oppressed, in recent years a change has become visible in the attitude towards indigenous peoples. Indigenous peoples are first of all that, peoples - with their own cultures and histories. It is because of their particular lifestyle and relationship with an other culture, that they are seen as different. However, more and more indigenous peoples are taken more seriously in their own right. In this essay the research of indigenous legal norms by outsiders is investigated from the perspective of indigenous rights. Based on a premise of respect for indigenous norms, issues such as benefit sharing and access to research results are discussed, as well as research ethics.

Comparative Legal Studies: Traditions and Transitions

Pierre Legrand,Roderick Munday
Comparative Legal Studies Traditions and Transitions Book PDF

Author : Pierre Legrand,Roderick Munday
Publisher : Cambridge University Press
Page : 532 pages
File Size : 45,9 Mb
Release : 2003-08-14
Category : Law
ISBN : 0521818117

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Comparative Legal Studies: Traditions and Transitions by Pierre Legrand,Roderick Munday Pdf

These fourteen essays present an authoritative review of the current state of comparative legal studies. With backgrounds in law, political science, sociology, history and anthropology, the contributors examine comparative law's intellectual traditions; the strengths and failings of its methodologies; and, most importantly, future directions the subject is likely to take. This comprehensive study of the philosophical and methodological foundations of comparative law is a book with ideas and arguments every comparatist scholar is drawn to.

The Law of Primitive Man

E. Adamson Hoebel
The Law of Primitive Man Book PDF

Author : E. Adamson Hoebel
Publisher : Harvard University Press
Page : 372 pages
File Size : 48,9 Mb
Release : 2009-07
Category : Law
ISBN : 0674038703

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The Law of Primitive Man by E. Adamson Hoebel Pdf

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.

The Oxford Handbook of Law and Anthropology

Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
The Oxford Handbook of Law and Anthropology Book PDF

Author : Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
Publisher : Oxford University Press
Page : 993 pages
File Size : 47,5 Mb
Release : 2022-04-01
Category : Law
ISBN : 9780192577016

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The Oxford Handbook of Law and Anthropology by Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker Pdf

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.

Comparative Methods in Law, Humanities and Social Sciences

Adams, Maurice,Van Hoecke, Mark
Comparative Methods in Law Humanities and Social Sciences Book PDF

Author : Adams, Maurice,Van Hoecke, Mark
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 52,9 Mb
Release : 2021-11-19
Category : Law
ISBN : 9781802201468

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Comparative Methods in Law, Humanities and Social Sciences by Adams, Maurice,Van Hoecke, Mark Pdf

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.

Anthropological Expertise and Legal Practice

Marie-Claire Foblets,Maria Sapignoli,Brian Donahoe
Anthropological Expertise and Legal Practice Book PDF

Author : Marie-Claire Foblets,Maria Sapignoli,Brian Donahoe
Publisher : Taylor & Francis
Page : 263 pages
File Size : 47,6 Mb
Release : 2024-06-05
Category : Law
ISBN : 9781040031711

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Anthropological Expertise and Legal Practice by Marie-Claire Foblets,Maria Sapignoli,Brian Donahoe Pdf

This book draws on concrete cases of collaboration between anthropologists and legal practitioners to critically assess the use of anthropological expertise in a variety of legal contexts from the point of view of the anthropologist as well as of the decision-maker or legal practitioner. The contributions, several of which are co-authored by anthropologist–legal practitioner tandems, deal with the roles of and relationships between anthropologists and legal professionals, which are often collaborative, interdisciplinary, and complementary. Such interactions go far beyond courts and litigation into areas of law that might be called ‘social justice activism’. They also entail close collaboration with the people –often subjects of violence and dispossession –with whom the anthropologists and legal practitioners are working. The aim of this collection is to draw on past experiences to come up with practical methodological suggestions for facilitating this interaction and collaboration and for enhancing the efficacy of the use of anthropological expertise in legal contexts. Explicitly designed to bridge the gap between theory and practice, and between scholarship and practical application, the book will appeal to scholars and researchers engaged in anthropology, legal anthropology, socio-legal studies, and asylum and migration law. It will also be of interest to legal practitioners and applied social scientists, who can glean valuable lessons regarding the challenges and rewards of genuine collaboration between legal practitioners and social scientists.

Legal Anthropology

James M. Donovan
Legal Anthropology Book PDF

Author : James M. Donovan
Publisher : Rowman Altamira
Page : 292 pages
File Size : 52,5 Mb
Release : 2007
Category : Law
ISBN : 0759109834

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Legal Anthropology by James M. Donovan Pdf

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.

The Grand Strategy of Comparative Law

Luca Siliquini-Cinelli,Davide Gianti,Mauro Balestrieri
The Grand Strategy of Comparative Law Book PDF

Author : Luca Siliquini-Cinelli,Davide Gianti,Mauro Balestrieri
Publisher : Taylor & Francis
Page : 330 pages
File Size : 49,7 Mb
Release : 2024-04-19
Category : Law
ISBN : 9781040008638

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The Grand Strategy of Comparative Law by Luca Siliquini-Cinelli,Davide Gianti,Mauro Balestrieri Pdf

This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.

Anthropology and Law

Mark Goodale,Sally Engle Merry
Anthropology and Law Book PDF

Author : Mark Goodale,Sally Engle Merry
Publisher : NYU Press
Page : 429 pages
File Size : 55,7 Mb
Release : 2017-05-02
Category : Social Science
ISBN : 9781479836857

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Anthropology and Law by Mark Goodale,Sally Engle Merry Pdf

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.

The Cambridge Companion to Comparative Law

Mauro Bussani,Ugo Mattei
The Cambridge Companion to Comparative Law Book PDF

Author : Mauro Bussani,Ugo Mattei
Publisher : Cambridge University Press
Page : 423 pages
File Size : 49,5 Mb
Release : 2012-08-16
Category : Business & Economics
ISBN : 9780521895705

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The Cambridge Companion to Comparative Law by Mauro Bussani,Ugo Mattei Pdf

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

Comparative Law and Society

David Scott Clark
Comparative Law and Society Book PDF

Author : David Scott Clark
Publisher : Edward Elgar Publishing
Page : 481 pages
File Size : 51,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006092

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Comparative Law and Society by David Scott Clark Pdf

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

Legalism

Paul Dresch,Hannah Skoda
Legalism Book PDF

Author : Paul Dresch,Hannah Skoda
Publisher : Oxford University Press
Page : 128 pages
File Size : 51,7 Mb
Release : 2012-08-30
Category : Law
ISBN : 9780191641466

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Legalism by Paul Dresch,Hannah Skoda Pdf

Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of 'law'? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own. In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy.

The Anthropology of Law

Fernanda Pirie
The Anthropology of Law Book PDF

Author : Fernanda Pirie
Publisher : OUP Oxford
Page : 288 pages
File Size : 42,8 Mb
Release : 2013-10-31
Category : Social Science
ISBN : 9780191650673

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The Anthropology of Law by Fernanda Pirie Pdf

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.