Law Anthropology And The Constitution Of The Social

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Law, Anthropology, and the Constitution of the Social

Author : Alain Pottage
Publisher : Cambridge University Press
ISBN 13 : 9780521539456
Total Pages : 324 pages
Book Rating : 4.5/5 (394 download)

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Book Synopsis Law, Anthropology, and the Constitution of the Social by : Alain Pottage

Download or read book Law, Anthropology, and the Constitution of the Social written by Alain Pottage and published by Cambridge University Press. This book was released on 2004-06-24 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

History and Power in the Study of Law

Author : June Starr
Publisher : Cornell University Press
ISBN 13 : 1501723332
Total Pages : 510 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis History and Power in the Study of Law by : June Starr

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 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Anthropology of Law

Author : Fernanda Pirie
Publisher : OUP Oxford
ISBN 13 : 0191650668
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.

Law and Anthropology

Author : Wolfgang Fikentscher
Publisher :
ISBN 13 : 9783848713196
Total Pages : 550 pages
Book Rating : 4.7/5 (131 download)

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Book Synopsis Law and Anthropology by : Wolfgang Fikentscher

Download or read book Law and Anthropology written by Wolfgang Fikentscher and published by . This book was released on 2014 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Spaces of Law and Custom

Author : Edoardo Frezet
Publisher : Routledge
ISBN 13 : 1000406458
Total Pages : 283 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Spaces of Law and Custom by : Edoardo Frezet

Download or read book Spaces of Law and Custom written by Edoardo Frezet and published by Routledge. This book was released on 2021-07-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.

Law and Anthropology

Author : Martha Mundy
Publisher : Routledge
ISBN 13 :
Total Pages : 744 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law and Anthropology by : Martha Mundy

Download or read book Law and Anthropology written by Martha Mundy and published by Routledge. This book was released on 2002 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an introduction to the major themes and theoretical perspectives of contemporary work in Law and Anthropology. It reflects both important recent ethnography of law and the state, and the dialogue of jurists and anthropologists concerning legal institutions in the present era of economic globalization and renewed civil and international conflict.

Anthropology & Law

Author : James M. Donovan
Publisher : Berghahn Books
ISBN 13 : 9781571814234
Total Pages : 252 pages
Book Rating : 4.8/5 (142 download)

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Book Synopsis Anthropology & Law by : James M. Donovan

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.

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.

Inside and Outside the Law

Author : Olivia Harris
Publisher : Psychology Press
ISBN 13 : 9780415129282
Total Pages : 218 pages
Book Rating : 4.1/5 (292 download)

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Book Synopsis Inside and Outside the Law by : Olivia Harris

Download or read book Inside and Outside the Law written by Olivia Harris and published by Psychology Press. This book was released on 1996 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is a discourse of absolutes, and yet it is beset by ambiguities. Legality is inevitably identified with morality, and yet there is in all legal systems a zone where the legal and the non-legal become hard to distinguish, and where it is debatable how far the moral and social standing of particular groups or individuals can be equated with their legal status. Anthropology is typically concerned with the frontiers of legality, and with groups defined by the law as marginal. Inside and Outside the Law reflects on the ambiguities of law's authority, drawing on comparative case-studies of ethnic groups within different modern states, of groups defined as marginal through their sexual behaviour, and on analyses of the ambiguities at the heart of state authority itself. Inside and Outside the Law will be of interest to political scientists and legal theorists, as well as anthropologists and sociologists concerned with popular conceptions of the state and its laws.

A Sociology of Constitutions

Author : Chris Thornhill
Publisher : Cambridge University Press
ISBN 13 : 1139495801
Total Pages : 467 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis A Sociology of Constitutions by : Chris Thornhill

Download or read book A Sociology of Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2011-07-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.

A People's Constitution

Author : Rohit De
Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis A People's Constitution by : Rohit De

Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Islam, Constitutional Law and Human Rights

Author : Tommaso Virgili
Publisher : Routledge
ISBN 13 : 0429535090
Total Pages : 214 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Islam, Constitutional Law and Human Rights by : Tommaso Virgili

Download or read book Islam, Constitutional Law and Human Rights written by Tommaso Virgili and published by Routledge. This book was released on 2021-09-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.

Evolution and Constitution

Author : Erhard Oeser
Publisher : Springer Science & Business Media
ISBN 13 : 9781402017841
Total Pages : 260 pages
Book Rating : 4.0/5 (178 download)

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Book Synopsis Evolution and Constitution by : Erhard Oeser

Download or read book Evolution and Constitution written by Erhard Oeser and published by Springer Science & Business Media. This book was released on 2003-11-30 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.

Dynamics of Caste and Law: Dalits, Oppression and Constitutional Democracy in India

Author : Dag-Erik Berg
Publisher : Cambridge University Press
ISBN 13 : 1108489877
Total Pages : 263 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Dynamics of Caste and Law: Dalits, Oppression and Constitutional Democracy in India by : Dag-Erik Berg

Download or read book Dynamics of Caste and Law: Dalits, Oppression and Constitutional Democracy in India written by Dag-Erik Berg and published by Cambridge University Press. This book was released on 2020-02-27 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains how questions of caste and law involve persistent challenges concerning inequality and democracy in India's postcolonial state.

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.

The Poverty of Privacy Rights

Author : Khiara M. Bridges
Publisher : Stanford University Press
ISBN 13 : 1503602303
Total Pages : 296 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Poverty of Privacy Rights by : Khiara M. Bridges

Download or read book The Poverty of Privacy Rights written by Khiara M. Bridges and published by Stanford University Press. This book was released on 2017-06-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.