Search Results for "law-s-anthropology"

Anthropology and Law

Anthropology and Law

A Critical Introduction

  • Author: Mark Goodale,Sally Engle Merry
  • Publisher: NYU Press
  • ISBN: 1479895512
  • Category: Law
  • Page: 320
  • View: 1522
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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.

Law's Anthropology

Law's Anthropology

From Ethnography to Expert Testimony in Native Title

  • Author: Paul Burke
  • Publisher: ANU E Press
  • ISBN: 1921862432
  • Category: Social Science
  • Page: 326
  • View: 885
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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.

Anthropology of Law in Muslim Sudan

Anthropology of Law in Muslim Sudan

Land, Courts and the Plurality of Practices

  • Author: Barbara Casciarri,Mohamed A. Babiker
  • Publisher: BRILL
  • ISBN: 9004362185
  • Category: Social Science
  • Page: 344
  • View: 9852
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Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.

The Law of Kinship

The Law of Kinship

Anthropology, Psychoanalysis, and the Family in France

  • Author: Camille Robcis
  • Publisher: Cornell University Press
  • ISBN: 0801468396
  • Category: History
  • Page: 312
  • View: 647
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In France as elsewhere in recent years, legislative debates over single-parent households, same-sex unions, new reproductive technologies, transsexuality, and other challenges to long-held assumptions about the structure of family and kinship relations have been deeply divisive. What strikes many as uniquely French, however, is the extent to which many of these discussions-whether in legislative chambers, courtrooms, or the mass media-have been conducted in the frequently abstract vocabularies of anthropology and psychoanalysis. In this highly original book, Camille Robcis seeks to explain why and how academic discourses on kinship have intersected and overlapped with political debates on the family-and on the nature of French republicanism itself. She focuses on the theories of Claude Levi-Strauss and Jacques Lacan, both of whom highlighted the interdependence of the sexual and the social by positing a direct correlation between kinship and socialization. Robcis traces how their ideas gained recognition not only from French social scientists but also from legislators and politicians who relied on some of the most obscure and difficult concepts of structuralism to enact a series of laws concerning the family. Levi-Strauss and Lacan constructed the heterosexual family as a universal trope for social and psychic integration, and this understanding of the family at the root of intersubjectivity coincided with the role that the family has played in modern French law and public policy. The Law of Kinship contributes to larger conversations about the particularities of French political culture, the nature of sexual difference, and the problem of reading and interpretation in intellectual history.

Homo Juridicus

Homo Juridicus

On the Anthropological Function of the Law

  • Author: Alain Supiot
  • Publisher: Verso Books
  • ISBN: 1786630621
  • Category: Social Science
  • Page: 272
  • View: 8416
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In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He arguesthat the law is how justice is implmented in secular society, but it isnot simply a technique to be manipulated at will: it is also anexpression of the core beliefs of the West. We must recognize itsuniversalizing, dogmatic nature and become receptive to otherinterpretations from non-Western cultures to help us avoid the clashof civilizations. In Homo Juridicus, Supiotdeconstructs the illusion of a world that has become “flat’’ andundifferentiated, regulated only by supposed “laws” of science andthe economy, and peopled by contract-makers driven only by thecalculation of their individual interests. Such a liberal perspectiveis nothing but the flipside of the notion of the withering away of lawand the state, promoted this time not under the banner of the strugglebetween classes, but rather in the name of the free competition betweensovereign individuals. Supiot’s exploration of the development of the“legal subject”—the individual as formed through a dense web ofcontracts and laws—is set to become a classic work of social theory.

The Anthropology of Law

The Anthropology of Law

  • Author: Fernanda Pirie
  • Publisher: Oxford University Press
  • ISBN: 0199696845
  • Category: Law
  • Page: 268
  • View: 1173
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Questions about the nature of law, its relationship with custom, and the distinctive form of legal rules, categories, and reasoning, are placed at the centre of this introduction to the anthropology of law. It brings empirical scholarship within the scope of legal philosophy, while suggesting new avenues of inquiry for the anthropologist. Going beyond the functional and instrumental aspects of law that underlie traditional ethnographic studies of order and conflict resolution, The Anthropology of Law considers contemporary debates on human rights and new forms of property, but also delves into the rich corpus of texts and codes studied by legal historians, classicists, and orientalist scholars. Studies of 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. The coutumes of medieval Europe, the codes drawn up by tribal groups in Tibet and the Yemen, village laws on both sides of the Mediterranean, and the intricate codes of saga in Iceland provide rich empirical detail for the author's analysis of the cross-cultural importance of the form of law, as text or rule, and the relative marginality of its functions as an instrument of government or foundation of social order. Carefully-selected examples shed new light upon the interrelations and distinctions between law, custom, and justice. Gradually 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.

The Clinic and the Court

The Clinic and the Court

Law, Medicine and Anthropology

  • Author: Ian Harper,Tobias Kelly,Akshay Khanna
  • Publisher: Cambridge University Press
  • ISBN: 1107076242
  • Category: Law
  • Page: 320
  • View: 7507
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Where do law and medicine converge and diverge in their responses to and understandings of harm and suffering?

Law and Anthropology

Law and Anthropology

Current Legal Issues

  • Author: Michael Freeman,David Napier
  • Publisher: Oxford University Press
  • ISBN: 019958091X
  • Category: Law
  • Page: 569
  • View: 2799
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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.

Anthropology and Law

Anthropology and Law

  • Author: James M. Donovan,H. Edwin Anderson
  • Publisher: Berghahn Books
  • ISBN: 9781571814241
  • Category: Social Science
  • Page: 229
  • View: 9750
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The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems. 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. Although the actual relationship between anthropology and law today falls short of this idealized state of balanced reciprocity, the authors include historical and other data suggesting that that level of intimate cooperation draws ever closer.

Comparative Law and Anthropology

Comparative Law and Anthropology

  • Author: James A.R. Nafziger
  • Publisher: Edward Elgar Publishing
  • ISBN: 1781955182
  • Category:
  • Page: 544
  • View: 2500
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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.

Local Knowledge

Local Knowledge

Further Essays In Interpretive Anthropology

  • Author: Clifford Geertz
  • Publisher: Basic Books
  • ISBN: 9780786723751
  • Category: Social Science
  • Page: 464
  • View: 7867
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In essays covering everything from art and common sense to charisma and constructions of the self, the eminent cultural anthropologist and author of The Interpretation of Cultures deepens our understanding of human societies through the intimacies of "local knowledge." A companion volume to The Interpretation of Cultures, this book continues Geertz’s exploration of the meaning of culture and the importance of shared cultural symbolism. With a new introduction by the author.

Islam, Law, and Equality in Indonesia

Islam, Law, and Equality in Indonesia

An Anthropology of Public Reasoning

  • Author: John Richard Bowen
  • Publisher: Cambridge University Press
  • ISBN: 9780521531894
  • Category: Political Science
  • Page: 289
  • View: 3966
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Muslims currently struggle to reconcile radically different sets of social norms and laws (including those derived from Islam, as well as contemporary ideas about gender equality and law) in Indonesia, the world's largest Muslim-majority country. John Bowen explores their struggle through archival and ethnographic research and interviews with national religious and legal figures. His book relates to debates in any society where people struggle to live together with extreme differences in values and lifestyles and is welcomed by scholars and students in all branches of the social sciences.

Law and Memory

Law and Memory

Towards Legal Governance of History

  • Author: Uladzislau Belavusau,Aleksandra Gliszczyńska-Grabias
  • Publisher: Cambridge University Press
  • ISBN: 110718875X
  • Category: Law
  • Page: 441
  • View: 9995
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The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

Anthropology of Policy

Anthropology of Policy

Perspectives on Governance and Power

  • Author: Cris Shore,Susan Wright
  • Publisher: Routledge
  • ISBN: 1134827024
  • Category: Social Science
  • Page: 312
  • View: 543
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Arguing that policy has become an increasingly central concept and instrument in the organisation of contemporary societies and that it now impinges on all areas of life so that it is virtually impossible to ignore or escape its influence, this book argues that the study of policy leads straight into issues at the heart of anthropology.

Stategraphy

Stategraphy

Toward a Relational Anthropology of the State

  • Author: Tatjana Thelen,Larissa Vetters,Keebet von Benda-Beckmann
  • Publisher: Berghahn Books
  • ISBN: 1785337017
  • Category: Social Science
  • Page: 164
  • View: 8462
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Stategraphy-the ethnographic exploration of relational modes, boundary work, and forms of embeddedness of actors-offers crucial analytical avenues for researching the state. By exploring interactions and negotiations of local actors in different institutional settings, the contributors explore state transformations in relation to social security in a variety of locations spanning from Russia, Eastern Europe, and the Balkans to the United Kingdom and France. Fusing grounded empirical studies with rigorous theorizing, the volume provides new perspectives to broader related debates in social research and political analysis.

Law, Family, and Women

Law, Family, and Women

Toward a Legal Anthropology of Renaissance Italy

  • Author: Thomas Kuehn
  • Publisher: University of Chicago Press
  • ISBN: 0226457656
  • Category: History
  • Page: 430
  • View: 8070
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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.

Palaces of Hope

Palaces of Hope

The Anthropology of Global Organizations

  • Author: Ronald Niezen,Maria Sapignoli
  • Publisher: Cambridge University Press
  • ISBN: 1108107788
  • Category: Law
  • Page: N.A
  • View: 6667
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This volume assembles in one place the work of scholars who are making key contributions to a new approach to the United Nations, and to global organizations and international law more generally. Anthropology has in recent years taken on global organizations as a legitimate source of its subject matter. The research that is being done in this field gives a human face to these world-reforming institutions. Palaces of Hope demonstrates that these institutions are not monolithic or uniform, even though loosely connected by a common organizational network. They vary above all in their powers and forms of public engagement. Yet there are common threads that run through the studies included here: the actions of global institutions in practice, everyday forms of hope and their frustration, and the will to improve confronted with the realities of nationalism, neoliberalism, and the structures of international power.

Crime's Power

Crime's Power

Anthropologists and the Ethnography of Crime

  • Author: P. Parnell,S. Kane
  • Publisher: Springer
  • ISBN: 1403980594
  • Category: Social Science
  • Page: 310
  • View: 9645
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The changes that are engulfing the world today - the fall of nation-states and dictatorships, migrations and border crossings, revolution, democratization, and the international spread of capital - call for new approaches to the subject of crime. Anthropologists engage a variety of methods to answer that call in Crime's Power . Their view of crime extends into the intimacies of everyday life as war transforms personal identities, the violence of a serial killer inhabits paintings, and as the feel of imprisonment reveals society's potentials. Moving beyond the fixities of law, this book explores the nature of crime as an expression of power across the spectrum of human differences.

Matthew, Paul, and the Anthropology of Law

Matthew, Paul, and the Anthropology of Law

  • Author: David A. Kaden
  • Publisher: Mohr Siebeck
  • ISBN: 9783161540769
  • Category: Religion
  • Page: 252
  • View: 4777
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Drawing from Michel Foucault's understanding of power, David A. Kaden explores how relations of power are instrumental in forming law as an object of discourse in the Gospel of Matthew and in the Letters of Paul. This is a comparative project in that the author examines the role that power relations play in generating discussions of law in the first century context, and in several ethnographies from the field of the anthropology of law from Indonesia, Mexico, the Philippines, and colonial-era Hawaii. Discussions of law proliferate in situations where the relations of power within social groups come into contact with social forces outside the group. David A. Kaden's interdisciplinary approach reframes how law is studied in Christian Origins scholarship, especially Pauline and Matthean scholarship, by focusing on what makes discourses on law possible. For this he relies heavily on cross-cultural, ethnographic materials from legal anthropology.

Anthropology and the Racial Politics of Culture

Anthropology and the Racial Politics of Culture

  • Author: Lee D. Baker
  • Publisher: Duke University Press
  • ISBN: 0822392690
  • Category: Social Science
  • Page: 292
  • View: 9254
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In the late nineteenth century, if ethnologists in the United States recognized African American culture, they often perceived it as something to be overcome and left behind. At the same time, they were committed to salvaging “disappearing” Native American culture by curating objects, narrating practices, and recording languages. In Anthropology and the Racial Politics of Culture, Lee D. Baker examines theories of race and culture developed by American anthropologists during the late nineteenth century and early twentieth. He investigates the role that ethnologists played in creating a racial politics of culture in which Indians had a culture worthy of preservation and exhibition while African Americans did not. Baker argues that the concept of culture developed by ethnologists to understand American Indian languages and customs in the nineteenth century formed the basis of the anthropological concept of race eventually used to confront “the Negro problem” in the twentieth century. As he explores the implications of anthropology’s different approaches to African Americans and Native Americans, and the field’s different but overlapping theories of race and culture, Baker delves into the careers of prominent anthropologists and ethnologists, including James Mooney Jr., Frederic W. Putnam, Daniel G. Brinton, and Franz Boas. His analysis takes into account not only scientific societies, journals, museums, and universities, but also the development of sociology in the United States, African American and Native American activists and intellectuals, philanthropy, the media, and government entities from the Bureau of Indian Affairs to the Supreme Court. In Anthropology and the Racial Politics of Culture, Baker tells how anthropology has both responded to and helped shape ideas about race and culture in the United States, and how its ideas have been appropriated (and misappropriated) to wildly different ends.