legalism anthropology and history

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Legalism

Author : Paul Dresch
ISBN : 9780199664269
Genre : History
File Size : 21. 71 MB
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This volume aims at a wide audience, embracing anthropology, history, and legal studies. A lengthy introduction examines the problems anthropology and history share in dealing with law. The chapters then follow a trajectory from discussing what legalism is and what counts as law for whom, through how legal concepts work in a range of historical and ethnographic settings, to the problems posed to those who must live with abstract categories and rules. Thesettings addressed range from medieval England and France to Burma, India, Saharan oases, and southern Arabia. No specialist knowledge is assumed. The work is accessible to a student audience as much as to scholars.

Legalism

Author : Fernanda Pirie
ISBN : 9780191025938
Genre : Law
File Size : 37. 22 MB
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'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

The Anthropology Of Law

Author : Fernanda Pirie
ISBN : 9780199696840
Genre : Law
File Size : 42. 7 MB
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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 Confucian Legalist State

Author : Dingxin Zhao
ISBN : 9780190463618
Genre : History
File Size : 69. 49 MB
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In The Confucian-Legalist State, Dingxin Zhao offers a radically new analysis of Chinese imperial history from the eleventh century BCE to the fall of the Qing dynasty. This study first uncovers the factors that explain how, and why, China developed into a bureaucratic empire under the Qin dynasty in 221 BCE. It then examines the political system that crystallized during the Western Han dynasty, a system that drew on China's philosophical traditions of Confucianism and Legalism. Despite great changes in China's demography, religion, technology, and socioeconomic structures, this Confucian-Legalist political system survived for over two millennia. Yet, it was precisely because of the system's resilience that China, for better or worse, did not develop industrial capitalism as Western Europe did, notwithstanding China's economic prosperity and technological sophistication beginning with the Northern Song dynasty. In examining the nature of this political system, Zhao offers a new way of viewing Chinese history, one that emphasizes the importance of structural forces and social mechanisms in shaping historical dynamics. As a work of historical sociology, The Confucian-Legalist State aims to show how the patterns of Chinese history were not shaped by any single force, but instead by meaningful activities of social actors which were greatly constrained by, and at the same time reproduced and modified, the constellations of political, economic, military, and ideological forces. This book thus offers a startling new understanding of long-term patterns of Chinese history, one that should trigger debates for years to come among historians, political scientists, and sociologists.

White Saris And Sweet Mangoes

Author : Sarah Lamb
ISBN : 0520220013
Genre : History
File Size : 69. 55 MB
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By examining both gender and aging in this ethnography of an Indian village, Sarah Lamb forces a re-examination of major debates in feminist anthropology and contributes to the small but growing literature on aging in contemporary culture.

Confucian Ethics Of The Axial Age

Author : Heiner Roetz
ISBN : 0791416496
Genre : Philosophy
File Size : 75. 14 MB
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Confucian Ethics of the Axial Age describes the formative period of Chinese culture the last centuries of the Zhou dynasty as an early epoch of enlightenment. It comprehensively reconstructs the ethical discourse as thought gradually became emancipated from tradition and institutions. Rather than presenting a chronology of different thinkers and works, this book discusses the systematic aspects of moral philosophies. Based on original texts, Roetz focuses on filial piety; the conflict between the family and the state; the legitimating of the political order; the virtues of loyalty, friendship, and harmony; concepts of justice; the principle of humaneness and its different readings; the Golden Rule; the moral person; the autonomous self, motivation, decision and conscience; and various attempts to ground morality in religion, human nature, or reason. These topics are arranged in such a way that the genetic structure and the logical development of the moral reasoning becomes apparent. From this detached perspective, conventional morality is either rejected or critically reestablished under the restraint of new abstract and universal norms. This makes the Chinese developments part of the ancient worldwide movement of enlightenment of the axial age."

Soviet Anthropology And Archeology

Author :
ISBN : UOM:39015016870407
Genre : Anthropology
File Size : 83. 83 MB
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Selected articles from Soviet scholarly journals in English translation.

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