Comparative Law And Anthropology

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Comparative Law and Anthropology

Author : James A.R. Nafziger
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955182
Total Pages : 544 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Comparative Law and Anthropology by : James A.R. Nafziger

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 with total page 544 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.

Researching Indigenous Law. Legal Anthropology or Comparative Law?

Author : Stefan Kirchner
Publisher : GRIN Verlag
ISBN 13 : 3668010927
Total Pages : 20 pages
Book Rating : 4.6/5 (68 download)

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Book Synopsis Researching Indigenous Law. Legal Anthropology or Comparative Law? by : Stefan Kirchner

Download or read book Researching Indigenous Law. Legal Anthropology or Comparative Law? written by Stefan Kirchner and published by GRIN Verlag. This book was released on 2015-07-03 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Methods in Law, Humanities and Social Sciences

Author : Adams, Maurice
Publisher : Edward Elgar Publishing
ISBN 13 : 1802201467
Total Pages : 288 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Comparative Methods in Law, Humanities and Social Sciences by : Adams, Maurice

Download or read book Comparative Methods in Law, Humanities and Social Sciences written by Adams, Maurice and published by Edward Elgar Publishing. This book was released on 2021-11-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Anthropology

Author : Michael D. A. Freeman
Publisher : Academic
ISBN 13 : 019958091X
Total Pages : 583 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Law and Anthropology by : Michael D. A. Freeman

Download or read book Law and Anthropology written by Michael D. A. Freeman and published by Academic. This book was released on 2009-11-19 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Mark Goodale
Publisher : NYU Press
ISBN 13 : 1479836850
Total Pages : 429 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Anthropology and Law by : Mark Goodale

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.

The Oxford Handbook of Law and Anthropology

Author : Marie-Claire Foblets
Publisher : Oxford University Press
ISBN 13 : 0192577018
Total Pages : 993 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets

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.

Comparative Legal Studies: Traditions and Transitions

Author : Pierre Legrand
Publisher : Cambridge University Press
ISBN 13 : 9780521818117
Total Pages : 532 pages
Book Rating : 4.8/5 (181 download)

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Book Synopsis Comparative Legal Studies: Traditions and Transitions by : Pierre Legrand

Download or read book Comparative Legal Studies: Traditions and Transitions written by Pierre Legrand and published by Cambridge University Press. This book was released on 2003-08-14 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Anthropology

Author : James M. Donovan
Publisher : Rowman Altamira
ISBN 13 : 9780759109834
Total Pages : 292 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Legal Anthropology by : James M. Donovan

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.

The Anthropology of Law

Author : Fernanda Pirie
Publisher : OUP Oxford
ISBN 13 : 0191650676
Total Pages : 288 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Anthropology of Law by : Fernanda Pirie

Download or read book The Anthropology of Law written by Fernanda Pirie and published by OUP Oxford. This book was released on 2013-10-31 with total page 288 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. 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.

The Law of Primitive Man

Author : E. Adamson Hoebel
Publisher : Harvard University Press
ISBN 13 : 9780674038707
Total Pages : 372 pages
Book Rating : 4.0/5 (387 download)

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Book Synopsis The Law of Primitive Man by : E. Adamson Hoebel

Download or read book The Law of Primitive Man written by E. Adamson Hoebel and published by Harvard University Press. This book was released on 2009-07 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Anthropology

Author : René Kuppe
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041101945
Total Pages : 304 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Law and Anthropology by : René Kuppe

Download or read book Law and Anthropology written by René Kuppe and published by Martinus Nijhoff Publishers. This book was released on 1996-02-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Law & Anthropology Yearbook" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. "Volume 8" contains a selection of edited papers presented at the VIth International Symposium of the Commission on Folk Law and Legal Pluralism, dealing with the topic of Indigenous Self-Determination and Legal Pluralism'.

Normativity and Diversity in Family Law

Author : Nadjma Yassari
Publisher : Springer Nature
ISBN 13 : 303083106X
Total Pages : 375 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Normativity and Diversity in Family Law by : Nadjma Yassari

Download or read book Normativity and Diversity in Family Law written by Nadjma Yassari and published by Springer Nature. This book was released on 2021-11-21 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

Legalism: Anthropology and History

Author : Paul Dresch
Publisher : OUP Oxford
ISBN 13 : 0191641472
Total Pages : 366 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Legalism: Anthropology and History by : Paul Dresch

Download or read book Legalism: Anthropology and History written by Paul Dresch and published by OUP Oxford. This book was released on 2012-08-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Grand Strategy of Comparative Law

Author : Luca Siliquini-Cinelli
Publisher : Taylor & Francis
ISBN 13 : 1040008631
Total Pages : 330 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Grand Strategy of Comparative Law by : Luca Siliquini-Cinelli

Download or read book The Grand Strategy of Comparative Law written by Luca Siliquini-Cinelli and published by Taylor & Francis. This book was released on 2024-04-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Cambridge Companion to Comparative Law

Author : Mauro Bussani
Publisher : Cambridge University Press
ISBN 13 : 0521895707
Total Pages : 423 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The Cambridge Companion to Comparative Law by : Mauro Bussani

Download or read book The Cambridge Companion to Comparative Law written by Mauro Bussani and published by Cambridge University Press. This book was released on 2012-08-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.

Global Legal Traditions

Author : Michael J. Bazyler
Publisher : Carolina Academic Press LLC
ISBN 13 : 9781531007850
Total Pages : 888 pages
Book Rating : 4.0/5 (78 download)

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Book Synopsis Global Legal Traditions by : Michael J. Bazyler

Download or read book Global Legal Traditions written by Michael J. Bazyler and published by Carolina Academic Press LLC. This book was released on 2021 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Global Legal Traditions: Comparative Law for the 21st Century explores four legal traditions from around the world, both Western (German civil law and English common law) and non-Western (Chinese law and Islamic law). The book opens by focusing on European-based civil law, represented by German law, before moving on to the common law legal tradition seen in English law. Some comparative law casebooks and study guides stop with Western law but Global Legal Traditions continues by turning to the study of a secular non-European legal tradition by examining Chinese law, or more specifically the law of the People's Republic of China. The book's final section covers the non-state, religion-based legal tradition found in Islamic law, both in its pre-state form and how Islamic law manifests itself within the confines of sovereign state powers. Each part contains seven chapters intended to enable students to draw comparisons and make distinctions between the legal traditions under review. Each part includes five chapters covering common topics: history and development of the legal tradition; political process; judicial process; legal actors and legal education; and civil law. The remaining two chapters for each part focus on a legal subject most relevant to that legal tradition"--

Comparative Law and Society

Author : David Scott Clark
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006091
Total Pages : 480 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Comparative Law and Society by : David Scott Clark

Download or read book Comparative Law and Society written by David Scott Clark and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.