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Law Anthropology and the Constitution of the Social

Law  Anthropology  and the Constitution of the Social Author Alain Pottage
ISBN-10 0521539455
Release 2004-06-24
Pages 310
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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.



Legal Anthropology

Legal Anthropology Author James M. Donovan
ISBN-10 0759109834
Release 2008
Pages 265
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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

The Anthropology of Law Author Fernanda Pirie
ISBN-10 9780191650666
Release 2013-10-31
Pages 288
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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

Law and Anthropology Author Michael Freeman
ISBN-10 9780199580910
Release 2009-11-19
Pages 569
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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 of Law in Muslim Sudan

Anthropology of Law in Muslim Sudan Author Barbara Casciarri
ISBN-10 9789004362185
Release 2018-04-05
Pages 344
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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 Life of the Law

The Life of the Law Author Laura Nader
ISBN-10 9780520229884
Release 2002-02-28
Pages 262
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Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and convincingly argues that the atrophy of the plaintiff's power during this period undermines democracy.".



History and Power in the Study of Law

History and Power in the Study of Law Author June Starr
ISBN-10 9781501723339
Release 2018-02-15
Pages 352
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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 SAGE Handbook of Social Anthropology

The SAGE Handbook of Social Anthropology Author Richard Fardon
ISBN-10 9781446266014
Release 2012-07-25
Pages 1184
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In two volumes, the SAGE Handbook of Social Anthropology provides the definitive overview of contemporary research in the discipline. It explains the what, where, and how of current and anticipated work in Social Anthropology. With 80 authors, contributing more than 60 chapters, this is the most comprehensive and up-to-date statement of research in Social Anthropology available and the essential point of departure for future projects. The Handbook is divided into four sections: -Part I: Interfaces examines Social Anthropology's disciplinary connections, from Art and Literature to Politics and Economics, from Linguistics to Biomedicine, from History to Media Studies. -Part II: Places examines place, region, culture, and history, from regional, area studies to a globalized world -Part III: Methods examines issues of method; from archives to war zones, from development projects to art objects, and from ethics to comparison -Part IV: Futures anticipates anthropologies to come: in the Brain Sciences; in post-Development; in the Body and Health; and in new Technologies and Materialities Edited by the leading figures in social anthropology, the Handbook includes a substantive introduction by Richard Fardon, a think piece by Jean and John Comaroff, and a concluding last word on futures by Marilyn Strathern. The authors - each at the leading edge of the discipline - contribute in-depth chapters on both the foundational ideas and the latest research. Comprehensive and detailed, this magisterial Handbook overviews the last 25 years of the social anthropological imagination. It will speak to scholars in Social Anthropology and its many related disciplines.



Sociology of Constitutions

Sociology of Constitutions Author Alberto Febbrajo
ISBN-10 9781317052920
Release 2016-05-05
Pages 298
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This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.



State and Legal Practice in the Caucasus

State and Legal Practice in the Caucasus Author Stéphane Voell
ISBN-10 9781472446923
Release 2015-03-28
Pages 258
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Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters. The volume will be a valuable resource for legal and political anthropologists, ethnohistorians and researchers and academics working in the areas of post-socialism and post-colonialism.



The Law of Primitive Man

The Law of Primitive Man Author E. Adamson Hoebel
ISBN-10 0674038703
Release 2009-07-01
Pages 368
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A classic work in the anthropology of law, this book offered one of the first ambitiously conceived analyses of the fundamental rights and duties that are treated as law among nonliterate peoples (labeled "primitive" at the time of the original publication). The heart of the book is a description and analysis of the law of five societies: the Eskimo; the Ifugao of northern Luzon in the Philippines; the Comanche, Kiowa, and Cheyenne tribes of the western plains of the United States; the Trobriand Islanders of the southwest Pacific; and the Ashanti of western Africa. Hoebel's lucid analysis reveals the variety and complexity of these societies' political and legal institutions. It emphasizes their use of due process in adjudication and enforcement and highlights the importance of general explicit standards of conduct in these societies. In offering these detailed case studies of societies studied by other anthropologists, and in outlining an influential approach to the subject, it remains an illuminating book for both scholars and students.



Social Rights Under the Constitution

Social Rights Under the Constitution Author Cécile Fabre
ISBN-10 0191522767
Release 2000-03-02
Pages 214
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The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standardly rights to adequate minimum income, education, housing, and health care are not usually given constitutional protection. This book argues that social rights should be constitutionalized and protected by the courts, and examines when such constitutionalization conflicts with democracy. It is thus located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributie justice. Interestingly and surprisingly enough, philosophers who engage in penetrating discussions on distributive justice do not usually reflect on the implications of their argument for democracy; they are met with equal indifference on the part of theorists of democracy. This book stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of the relationship between these two values cannot be ignored.



Surrendering to Utopia

Surrendering to Utopia Author Mark Goodale
ISBN-10 9780804771214
Release 2009-05-01
Pages 200
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Surrendering to Utopia is a critical and wide-ranging study of anthropology's contributions to human rights. Providing a unique window into the underlying political and intellectual currents that have shaped human rights in the postwar period, this ambitious work opens up new opportunities for research, analysis, and political action. At the book's core, the author describes a "well-tempered human rights"—an orientation to human rights in the twenty-first century that is shaped by a sense of humility, an appreciation for the disorienting fact of multiplicity, and a willingness to make the mundaneness of social practice a source of ethical inspiration. In examining the curious history of anthropology's engagement with human rights, this book moves from more traditional anthropological topics within the broader human rights community—for example, relativism and the problem of culture—to consider a wider range of theoretical and empirical topics. Among others, it examines the link between anthropology and the emergence of "neoliberal" human rights, explores the claim that anthropology has played an important role in legitimizing these rights, and gauges whether or not this is evidence of anthropology's potential to transform human rights theory and practice more generally.



Law and Memory

Law and Memory Author Uladzislau Belavusau
ISBN-10 9781107188754
Release 2017-10-31
Pages 441
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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.



The Constitutional Rights of Women

The Constitutional Rights of Women Author Leslie Friedman Goldstein
ISBN-10 0299112446
Release 1988
Pages 637
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Using a wide variety of cases involving women's rights, Leslie Friedman Goldstein examines the ways in which the U.S. Supreme Court initiates and responds to social change. This edition covers all major Supreme Court decisions that affect gender equity and reproductive rights through May 1987.



A Sociology of Constitutions

A Sociology of Constitutions Author Chris Thornhill
ISBN-10 9781139495806
Release 2011-07-14
Pages
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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.



Homo Juridicus

Homo Juridicus Author Alain Supiot
ISBN-10 9781786630629
Release 2017-04-25
Pages 272
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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.