legalism anthropology and history

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Legalism Anthropology And History

Author : Paul Dresch
ISBN : 9780191641473
Genre : Law
File Size : 69. 58 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.


Author : Fernanda Pirie
ISBN : 9780198716570
Genre : Law
File Size : 42. 96 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 : 90. 8 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.

Tribes Government And History In Yemen

Author : Paul Dresch
ISBN : 9780198277903
Genre : Social Science
File Size : 64. 75 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.

Envisioning Eden

Author : Noel B. Salazar
ISBN : 9781845456610
Genre : Social Science
File Size : 57. 68 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.

What Is Taoism

Author : Herrlee Glessner Creel
ISBN : 0226120473
Genre : Philosophy
File Size : 71. 78 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.


Author : Tim Ingold
ISBN : 9781136763670
Genre : Social Science
File Size : 89. 44 MB
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Making creates knowledge, builds environments and transforms lives. Anthropology, archaeology, art and architecture are all ways of making, and all are dedicated to exploring the conditions and potentials of human life. In this exciting book, Tim Ingold ties the four disciplines together in a way that has never been attempted before. In a radical departure from conventional studies that treat art and architecture as compendia of objects for analysis, Ingold proposes an anthropology and archaeology not of but with art and architecture. He advocates a way of thinking through making in which sentient practitioners and active materials continually answer to, or ‘correspond’, with one another in the generation of form. Making offers a series of profound reflections on what it means to create things, on materials and form, the meaning of design, landscape perception, animate life, personal knowledge and the work of the hand. It draws on examples and experiments ranging from prehistoric stone tool-making to the building of medieval cathedrals, from round mounds to monuments, from flying kites to winding string, from drawing to writing. The book will appeal to students and practitioners alike, with interests in social and cultural anthropology, archaeology, architecture, art and design, visual studies and material culture.

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