legalism anthropology and history

Download Book Legalism Anthropology And History in PDF format. You can Read Online Legalism Anthropology And History here in PDF, EPUB, Mobi or Docx formats.

Legalism Anthropology And History

Author : Paul Dresch
ISBN : 9780191641473
Genre : Law
File Size : 58. 44 MB
Format : PDF, Kindle
Download : 857
Read : 453

Get This Book


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 : Judith Scheele
ISBN : 9780198753810
Genre : Law
File Size : 23. 60 MB
Format : PDF, Kindle
Download : 164
Read : 244

Get This Book


"This is the third volume in a series. Legalism: anthropology and history appeared in 2012, and Legalism: community and justice in 2014"--Page v.

Legalism

Author : Fernanda Pirie
ISBN : 9780198716570
Genre : Law
File Size : 41. 94 MB
Format : PDF, Mobi
Download : 274
Read : 1132

Get This Book


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.

Legalism

Author : Georgy Kantor
ISBN : 9780198813415
Genre : Law
File Size : 57. 35 MB
Format : PDF, Kindle
Download : 232
Read : 720

Get This Book


In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated? Property and ownership cannot be reduced to natural rights, nor do they straightforwardly reflect power relations: the rules through which property is articulated tend to be conceptually subtle. As the fourth volume in the Legalism series, this collection draws on common themes that run throughout the first three volumes: Legalism: Anthropology and History, Legalism: Community and Justice, and Legalism: Rules and Categories consolidating them in a framework that suggests a new approach to legal concepts.

The Anthropology Of Law

Author : Fernanda Pirie
ISBN : 9780199696840
Genre : Law
File Size : 64. 49 MB
Format : PDF
Download : 241
Read : 1167

Get This Book


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 Church Of England And Divorce In The Twentieth Century

Author : Ann Sumner Holmes
ISBN : 9781315408491
Genre : History
File Size : 90. 98 MB
Format : PDF, ePub
Download : 154
Read : 342

Get This Book


Attitudes towards divorce have changed considerably over the past two centuries. As society has moved away from a Biblical definition of marriage as an indissoluble union, to that of an individual and personal relationship, secular laws have evolved as well. Using unpublished sources and previously inaccessible private collections, Holmes explores the significant role the Church of England has played in these changes, as well as the impact this has had on ecclesiastical policies. This timely study will be relevant to ongoing debates about the meaning and nature of marriage, including the theological doctrines and ecclesiastical policies underlying current debates on same-sex marriage.

The Confucian Legalist State

Author : Dingxin Zhao
ISBN : 9780199351732
Genre : HISTORY
File Size : 20. 13 MB
Format : PDF, Kindle
Download : 951
Read : 673

Get This Book


"The Confucian-Legalist State proposes a new theory of social change and, in doing so, analyzes the patterns of Chinese history, such as the rise and persistence of a unified empire, the continuous domination of Confucianism, and China's impossibility to develop industrial capitalism without being compelled by Western imperialism"--

Lawyers And Savages

Author : Kaius Tuori
ISBN : 9781317815990
Genre : History
File Size : 37. 3 MB
Format : PDF, ePub, Docs
Download : 148
Read : 766

Get This Book


Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.

A History Of Modern Yemen

Author : Paul Dresch
ISBN : 052179482X
Genre : History
File Size : 64. 97 MB
Format : PDF, Docs
Download : 801
Read : 1250

Get This Book


An accessible and fast moving account of twentieth-century Yemeni history.

Monarchies And Nations

Author : Paul Dresch
ISBN : 1850439710
Genre : Social Science
File Size : 28. 64 MB
Format : PDF, ePub, Docs
Download : 378
Read : 344

Get This Book


By combining the views of anthropologists, political scientists and others, this book explores how the citizen populations of the Arab states of the Gulf define themselves in a wider context. The Gulf provides extreme examples, not only because these polities are so dependent on transnational flows of wealth and imagery, but because at home the citizen work-force is often out-numbered by migrant-labor. The resultant identity-construction embraces an acute yet singular nationalism.

Top Download:

Best Books