legalism anthropology and history

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Legalism

Author : Paul Dresch
ISBN : 9780199664269
Genre : History
File Size : 56. 83 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 : 9780198716570
Genre : Law
File Size : 80. 97 MB
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That law is, or should be, related to justice generally goes without saying; that communities are the basis for (or objects of) laws is also easily assumed; and notable theories of justice explicitly or implicitly elide the two. In this volume historians and anthropologists use empirical examples to unpick conceptual knots formed by law, justice, and community, asking how these relations appear in practice, and how fundamental they are.

The Anthropology Of Law

Author : Fernanda Pirie
ISBN : 9780199696840
Genre : Law
File Size : 47. 57 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 : 71. 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.

Envisioning Eden

Author : Noel B. Salazar
ISBN : 9781845456610
Genre : Social Science
File Size : 52. 12 MB
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As tourism service standards become more homogeneous, travel destinations worldwide are conforming yet still trying to maintain, or even increase, their distinctiveness. Based on more than two years of fieldwork in Yogyakarta, Indonesia and Arusha, Tanzania, this book offers an in-depth investigation of the local-to-global dynamics of contemporary tourism. Each destination offers examples that illustrate how tour guide narratives and practices are informed by widely circulating imaginaries of the past as well as personal imaginings of the future.

Tribes Government And History In Yemen

Author : Paul Dresch
ISBN : 9780198277903
Genre : Social Science
File Size : 71. 93 MB
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Professor Dresch combines ethnography with history to describe the tribal system over the last thousand years, and examines the values the tribal people themselves bring to the contemporary world of nation states. Drawing heavily on local histories and unpublished documents, as well as on three years' field work, he discusses the place of these tribes in the world around them from the tenth century to the twentieth. Beginning and ending with the means by which tribesmen define themselves, he discusses the relation of the major tribes to the area as a whole, to pre-modern Islamic learning, the Zaydi Imamate, and ideas of contemporary statehood. This book will be of interest to readers concerned with the relation of anthropology to history and also to those from other disciplines who are concerned with Arabia past and present. It offers a fresh approach to issues which arise throughout the Middle East.

What Is Taoism

Author : Herrlee Glessner Creel
ISBN : 0226120473
Genre : Philosophy
File Size : 49. 35 MB
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What Is Taoism? traces, in nontechnical language, the history of the development of this often baffling doctrine. Creel shows that there has not been one "Taoism," but at least three, in some respects incompatible and often antagonistic. In eight closely related papers, Creel explicates the widely used concepts he originally introduced of "contemplative Taoism," "purposive Taoism," and "Hsien Taoism." He also discusses Shen Pu-hai, a political philosopher of the fourth century B.C.; the curious interplay between Confucianism, Taoism, and "Legalism" in the second century B.C.; and the role of the horse in Chinese history.

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