Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Anthropology Law written by James M. Donovan and published by Berghahn Books. This book was released on 2003 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Anthropology and Law written by Mark Goodale and published by NYU Press. This book was released on 2017-05-02 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Anthropology written by James M. Donovan and published by Rowman Altamira. This book was released on 2007 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Anthropology of Law written by Fernanda Pirie and published by Oxford University Press, USA. This book was released on 2013-10 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book The Anthropology of Islamic Law written by Aria Nakissa and published by Oxford University Press. This book was released on 2019-04-05 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Islamicist 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.
Download or read book Legal Anthropology written by Norbert Rouland and published by A&C Black. This book was released on 1994-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book History and Power in the Study of Law written by June Starr and published by Cornell University Press. This book was released on 2018-03-15 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "History and Power in the Study of Law".
Download or read book Law Family and Women written by Thomas Kuehn and published by University of Chicago Press. This book was released on 2015-08-07 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comparative Law and Anthropology written by James A.R. Nafziger and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 1084 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and Anthropology written by Sally F. Moore and published by Wiley-Blackwell. This book was released on 2004-09-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Kinship written by Camille Robcis and published by Cornell University Press. This book was released on 2013-04-05 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Lévi-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. Lévi-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.
Download or read book Transitional Justice in Law History and Anthropology written by Lia Kent and published by Routledge. This book was released on 2020-06-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Order and Dispute written by Simon Roberts and published by Quid Pro Books. This book was released on 2013-04-10 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Personal Autonomy in Plural Societies written by Marie-Claire Foblets and published by Routledge. This book was released on 2017-11-22 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.
Download or read book Law s Anthropology written by Paul Burke and published by ANU E Press. This book was released on 2011-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Anthropology of Justice written by Lawrence Rosen and published by Cambridge University Press. This book was released on 1989-06-15 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
