The Anthropology Of Law

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Anthropology & Law

Author : James M. Donovan,H. Edwin Anderson
Publisher : Berghahn Books
Page : 252 pages
File Size : 55,5 Mb
Release : 2003
Category : Law
ISBN : 157181423X

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Anthropology & Law by James M. Donovan,H. Edwin Anderson Pdf

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.

The Anthropology of Law

Author : Fernanda Pirie
Publisher : Oxford University Press
Page : 281 pages
File Size : 40,8 Mb
Release : 2013-10
Category : Law
ISBN : 9780199696840

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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 Oxford Handbook of Law and Anthropology

Author : Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
Publisher : Oxford University Press
Page : 993 pages
File Size : 49,7 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.

Anthropology and Law

Author : Mark Goodale,Sally Engle Merry
Publisher : NYU Press
Page : 429 pages
File Size : 44,7 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.

Legal Anthropology

Author : James M. Donovan
Publisher : Rowman Altamira
Page : 292 pages
File Size : 51,7 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.

History and Power in the Study of Law

Author : June Starr,Jane F. Collier
Publisher : Cornell University Press
Page : 390 pages
File Size : 45,6 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781501723322

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History and Power in the Study of Law by June Starr,Jane F. Collier Pdf

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.

Comparative Law and Anthropology

Author : James A.R. Nafziger
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 45,8 Mb
Release : 2024-06-27
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.

The Anthropology of Islamic Law

Author : Aria Nakissa
Publisher : Oxford University Press
Page : 304 pages
File Size : 49,5 Mb
Release : 2019-04-05
Category : Law
ISBN : 9780190932893

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The Anthropology of Islamic Law by Aria Nakissa Pdf

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.

Public Justice and the Anthropology of Law

Author : Ronald Niezen
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,6 Mb
Release : 2010-10-21
Category : Social Science
ISBN : 9781139493192

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Public Justice and the Anthropology of Law by Ronald Niezen Pdf

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.

Legal Anthropology

Author : Norbert Rouland
Publisher : A&C Black
Page : 370 pages
File Size : 46,5 Mb
Release : 1994-01-01
Category : Law
ISBN : 0485114038

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Legal Anthropology by Norbert Rouland Pdf

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.

Order and Dispute

Author : Simon Roberts
Publisher : Quid Pro Books
Page : 184 pages
File Size : 45,7 Mb
Release : 2013-04-10
Category : Social Science
ISBN : 9781610271851

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Order and Dispute by Simon Roberts Pdf

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.

Transitional Justice in Law, History and Anthropology

Author : Lia Kent,Melissa Demian
Publisher : Routledge
Page : 401 pages
File Size : 47,7 Mb
Release : 2020-06-09
Category : Law
ISBN : 9781000084740

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Transitional Justice in Law, History and Anthropology by Lia Kent,Melissa Demian Pdf

Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between ‘before’ and ‘after’ war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

Law and Anthropology

Author : Sally F. Moore
Publisher : Wiley-Blackwell
Page : 384 pages
File Size : 45,5 Mb
Release : 2004-09-17
Category : Social Science
ISBN : 1405102276

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Law and Anthropology by Sally F. Moore Pdf

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, Anthropology, and the Constitution of the Social

Author : Alain Pottage,Martha Mundy
Publisher : Cambridge University Press
Page : 324 pages
File Size : 51,5 Mb
Release : 2004-06-24
Category : Law
ISBN : 0521539455

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Law, Anthropology, and the Constitution of the Social by Alain Pottage,Martha Mundy Pdf

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.

Law's Anthropology

Author : Paul Burke
Publisher : ANU E Press
Page : 336 pages
File Size : 53,7 Mb
Release : 2011-11-01
Category : Social Science
ISBN : 9781921862434

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Law's Anthropology by Paul Burke Pdf

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.