legalism anthropology and history

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Legalism

Author : Paul Dresch
ISBN : 9780199664269
Genre : History
File Size : 71. 15 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 : 35. 67 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 : 9780191650673
Genre : Law
File Size : 68. 98 MB
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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.

The Confucian Legalist State

Author : Dingxin Zhao
ISBN : 9780190463618
Genre : History
File Size : 72. 18 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.

Confucian Ethics Of The Axial Age

Author : Heiner Roetz
ISBN : 0791416496
Genre : Philosophy
File Size : 84. 63 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 : 49. 94 MB
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Selected articles from Soviet scholarly journals in English translation.

Chinese Just War Ethics

Author : Ping-Cheung Lo
ISBN : 9781317580966
Genre : History
File Size : 62. 85 MB
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This book offers the first comprehensive analysis of warfare ethics in early China as well as its subsequent development. Chinese attitudes toward war are rich and nuanced, ranging across amoral realism, defensive just war, humanitarian intervention, and mournful skepticism. Covering the five major intellectual traditions in the "golden age" of Chinese civilization: Confucian, Daoist, Mohist, Legalist, and Military Strategy schools, the book’s chapters immerse readers in the proper historical contexts, examine the moral concerns in the classical texts on their own terms, reframe those concerns in contemporary ethical idioms, and forge a critical dialogue between the past and the present. The volume develops fresh moral interpretations of classical texts such as The Art of War, Mencius, Xunzi, Mozi, and the Daodejing and discusses famous philosophers such as Han Fei and Wang Yang-ming, representing antithetical schools of thought about warfare. Attention is also given to the military ethics of the People’s Liberation Army, examining its thinking against the backdrop of its own civilizational context. This book will be of much interest to students of just war theory, Chinese politics, ethics, and philosophy, military studies, and International Relations in general.

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