legalism anthropology and history

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Legalism Anthropology And History

Author : Paul Dresch
ISBN : 9780191641473
Genre : Law
File Size : 90. 14 MB
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Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of 'law'? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own. In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy.

Legalism

Author : Paul Dresch
ISBN : 9780191068324
Genre : Law
File Size : 50. 99 MB
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Mainstream historians in recent decades have often treated formal categories and rules as something to be 'used' by individuals, as one might use a stick or stone, and the gains of an earlier legal history are often needlessly set aside. Anthropologists, meanwhile, have treated rules as analytic errors and categories as an imposition by outside powers or by analysts, leaving a very thin notion of 'practice' as the stuff of social life. Philosophy of an older vintage, as well as the work of scholars such as Charles Taylor, provides fresh approaches when applied imaginatively to cases beyond the traditional ground of modern Europe and North America. Not only are different kinds of rules and categories open to examination, but the very notion of a rule can be explored more deeply. This volume approaches rules and categories as constitutive of action and hence of social life, but also as providing means of criticism and imagination. A general theoretical framework is derived from analytical philosophy, from Wittgenstein to his critics and beyond, and from recent legal thinkers such as Schauer and Waldron. Case-studies are presented from a broad range of periods and regions, from Amazonia via northern Chad, Tibet, and medieval Russia to the scholarly worlds of Roman law, Islam, and Classical India. As the third volume in the Legalism series, this collection draws on common themes that run throughout the first two volumes: Legalism: Anthropology and History and Legalism: Community and Justice, consolidating them in a framework that suggests a new approach to rule-bound systems.

Legalism

Author : Fernanda Pirie
ISBN : 9780191025938
Genre : Law
File Size : 88. 59 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 : 68. 3 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.

Die Gesetze Der Angelsachsen

Author : Felix Lieberman
ISBN : 9781108083621
Genre : History
File Size : 88. 90 MB
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Published between 1903 and 1916, this authoritative three-volume edition of Anglo-Saxon laws features a facing translation into modern German.

Schulden

Author : David Graeber
ISBN : 9783608103106
Genre : Political Science
File Size : 23. 70 MB
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Ein radikales Buch im doppelten Wortsinn, denn Graeber packt das Problem der Schulden an der Wurzel, indem er bis zu ihren Anfängen in der Geschichte zurückgeht. Das führt ihn mitten hinein in die Krisenherde unserer Zeit: Von der Antike bis in die Gegenwart sind revolutionäre Bewegungen immer in Schuldenkrisen entstanden. Graeber sprengt die moralischen Fesseln, die uns auf das Prinzip der Schulden verpflichten. Denn diese Moral ist eine Waffe in der Hand der Mächtigen. Die weltweite Schuldenwirtschaft ist eine Bankrotterklärung der Ökonomie. Der Autor enttarnt Geld- und Kredittheorien als Mythen, die die Ökonomisierung aller sozialen Beziehungen vorantreiben. Im Kern ist dieses Buch ein hohes Lied auf die Freiheit: Das sumerische Wort »amargi«, das Synonym für Schuldenfreiheit, ist Graeber zufolge das erste Wort für Freiheit in menschlicher Sprache überhaupt. David Graeber ist einer der Begründer der Occupy-Bewegung.

Left Legalism Left Critique

Author : Wendy Brown
ISBN : UOM:39015055849130
Genre : Law
File Size : 31. 1 MB
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A reader aimed at revitalizing left legal and political critique.

Snow Crash

Author : Neal Stephenson
ISBN : 9783641033781
Genre : Fiction
File Size : 42. 94 MB
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Los Angeles, eines nicht zu fernen Tages: Hiro Protagonist, ein Starprogrammierer und Pizzakurier, kommt einer Verschwörung auf die Spur, die sowohl in der realen Welt als auch im virtuellen Raum immer mehr Todesopfer fordert. Hiro taucht als Schwertkämpfer in die Cyberwelt der Zukunft ein, um dort einen Schurken aus ferner Vergangenheit zu besiegen und die »Infokalypse« zu verhindern...

Aboriginal Title

Author : P. G. McHugh
ISBN : 9780191018541
Genre : Law
File Size : 26. 75 MB
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Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

A Companion To Moral Anthropology

Author : Didier Fassin
ISBN : 9781118290583
Genre : Social Science
File Size : 56. 66 MB
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A Companion to Moral Anthropology is the first collective consideration of the anthropological dimensions of morals, morality, and ethics. Original essays by international experts explore the various currents, approaches, and issues in this important new discipline, examining topics such as the ethnography of moralities, the study of moral subjectivities, and the exploration of moral economies. Investigates the central legacies of moral anthropology, the formation of moral facts and values, the context of local moralities, and the frontiers between moralities, politics, humanitarianism Features contributions from pioneers in the field of moral anthropology, as well as international experts in related fields such as moral philosophy, moral psychology, evolutionary biology and neuroethics

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