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Law Culture And Ritual

Author : Oscar G Chase
ISBN : 9780814716793
Genre : Law
File Size : 52. 11 MB
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"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons

The Ritual Culture Of Victorian Professionals

Author : Albert D. Pionke
ISBN : 9781317017387
Genre : Literary Criticism
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Focusing on the middle decades of the nineteenth century, Albert D. Pionke's book historicizes the relationship of ritual, class, and public status in Victorian England. His analysis of various discourses related to professionalization suggests that public ritual flourished during the period, especially among the burgeoning ranks of Victorian professions. As Pionke shows, magazines, court cases, law books, manuals, and works by authors that include William Makepeace Thackeray, Thomas Hughes, Anthony Trollope, Charles Dickens, George Eliot, and Elizabeth Barrett Browning demonstrate the importance of ritual in numerous professional settings. Individual chapters reconstruct the ritual cultures of pre-professionalism provided to Oxbridge undergraduates; of oath-taking in a wide range of professional creation and promotion ceremonies; of the education, promotion, and public practice of Victorian barristers; and of Victorian Parliamentary elections. A final chapter considers the consequences of rituals that fail through the lens of the Eglinton tournament. The uneasy place of Victorian writers, who were both promoters of and competitors with more established professionals, is considered throughout. Pionke's book excavates Victorian professionals' vital ritual culture, at the same time that its engagement with literary representations of the professions reconstructs writers' unique place in the zero-sum contest for professional status.

Politics Law And Ritual In Tribal Society

Author : Max Gluckman
ISBN : 9780202368016
Genre : Antropologia cultural
File Size : 48. 32 MB
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Culture In The Domains Of Law

Author : René Provost
ISBN : 9781107163331
Genre : Law
File Size : 43. 80 MB
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This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.

Law Culture And Visual Studies

Author : Anne Wagner
ISBN : 9789048193226
Genre : Law
File Size : 56. 2 MB
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The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a ‘must read’ that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture & Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities & the Arts, Australian National University, Australia

The Ritual Of Rights In Japan

Author : Eric A. Feldman
ISBN : 0521779642
Genre : Law
File Size : 80. 87 MB
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Examines how rights-based conflict is important in Japanese law, politics and society.

The Wedding Of The Dead

Author : Gail Kligman
ISBN : 9780520362840
Genre : Social Science
File Size : 81. 98 MB
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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988.

Lawyers And Savages

Author : Kaius Tuori
ISBN : 9781317815983
Genre : History
File Size : 35. 51 MB
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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.

Of Doubt And Proof

Author : Professor Anthony Good
ISBN : 9781472434517
Genre : Law
File Size : 67. 85 MB
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All institutions concerned with the process of judging – whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant – are necessarily concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just.

The Oxford Handbook Of International Arbitration

Author : Thomas Schultz
ISBN : 9780192515964
Genre : Law
File Size : 44. 75 MB
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This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

Contemporary Issues In International Arbitration And Mediation The Fordham Papers 2014

Author : Arthur W. Rovine
ISBN : 9789004305595
Genre : Law
File Size : 33. 51 MB
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The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation, held in New York.

Regulating Dispute Resolution

Author : Felix Steffek
ISBN : 9781782253570
Genre : Law
File Size : 75. 16 MB
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This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution.

Ritual Text And Law

Author : Roger Edward Reynolds
ISBN : 0754638693
Genre : Religion
File Size : 30. 13 MB
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"Reflecting the range of the honorand's interests, the essays in Ritual, Text and Law provide a stimulating exploration of the interrelated fields of medieval canon law and liturgy, chiefly through the scrutiny of texts and their transmission. The studies are grouped thematically under the headings of 'Ritual' and 'Text and Law', with each section having an introduction by the editors, surveying recent developments in the study of medieval canon law and liturgy. Individually, the contributors offer new viewpoints on key issues and questions relating to medieval religious, cultural and intellectual history, particularly of the period c. 900-1200, and especially the Italian peninsula. Collectively they illuminate the interaction of medieval Christianity and its rituals, as well as the relationship of the secular and the sacred as transmitted in liturgico-canonical texts from the time of the early church to the 14th century."--BOOK JACKET

The Cultural Defense

Author : Alison Dundes Renteln
ISBN : 9780195154030
Genre : Law
File Size : 74. 75 MB
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Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.

Jesus And Myth

Author : Peter John Barber
ISBN : 9781725253940
Genre : Religion
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Is Jesus mythological? And is he a mere product of his cultural milieu? Through narratological and social-scientific analysis of the gospel account, Barber systematically demonstrates that there are two opposing patterns structuring the gospel. The first is the pattern of this world, which is the combat myth, with a typical sequence of motifs having mythological meanings. It is lived out by everyone else in the accounts except Jesus, because this pattern of the world is the pattern of myth-culture, which is the pattern of the old Adam and sin nature. The pattern of Jesus is the pattern intended for Adam to walk in, and is the unique pattern of the new Adam, Jesus Christ. Jesus’s pattern inverts the sequence and subverts the significance of each and every motif and episode of the myth-culture’s pattern. Barber shows that Jesus’s “failure” to conform to this world’s mythological pattern establishes that he is not mythological, and not a product of his culture. As the apostle Peter states, “. . . we did not follow cleverly devised tales [myths] when we made known to you the power and coming of our Lord Jesus Christ, but we were eyewitnesses of his majesty” (2 Pet 1:16).

Legal Culture In The United States An Introduction

Author : Kirk Junker
ISBN : 9781317245544
Genre : Law
File Size : 67. 64 MB
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For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.

Viking Law And Order

Author : Sanmark Alexandra Sanmark
ISBN : 9781474402309
Genre : Law
File Size : 82. 55 MB
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Until very recently Viking and Norse assembly sites were essentially unknown, apart from a few select sites, such as Thingvellir in Iceland. The Vikings are well-known for their violence and pillage, but they also had a well-organised system for political decision-making, legal cases and conflict resolution. Using archaeological evidence, written sources and place-names, this book provides a comprehensive analysis of their legal system and assembly sites, showing that this formed an integral part of Norse culture and identity, to the extent that the assembly institution was brought to all Norse settlements.Sites are analysed through surveys and case studies across Scandinavia, Scotland and the North Atlantic region. The author moves the view of assembly sites away from a functional one to an understanding of the symbolic meaning of these highly ritualised sites, and shows how they were constructed to signify power through monuments and natural features. This original and stimulating study is set not only in the context of the Viking and Norse periods, but also in the wider continental histories of place, assembly and the rhetoric of power.

Slavery And The American South

Author : Annette Gordon-Reed
ISBN : 157806581X
Genre : History
File Size : 42. 25 MB
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AMERICAN HISTORY -- African American --> In 1900 very few historians were exploring the institution of slavery in the South. But in the next half century, the culture of slavery became a dominating theme in Southern historiography. In the 1970s it was the subject of the first Chancellor's Symposium in Southern History held at the University of Mississippi. Since then, scholarly interest in slavery has proliferated ever more widely. In fact, the editor of this retrospective volume states that since the 1970s "the expansion has resulted in a corpus that has a huge number of components-scores, even hundreds, rather than mere dozens." He states that "no such gathering could possibly summarize all the changes of those twenty-five years." Hence, for the Chancellor Porter L. Fortune Symposium in Southern History in the year 2000, instead of providing historiographical summary, the participants were invited to formulate thoughts arising from their own special interests and experiences. Each paper was complemented by a learned, penetrating reaction. "On balance," the editor avers in his introduction, "reflection about the whole can convey a further sense of the condition of this field of scholarship at the very end of the last century, which was surely an improvement over what prevailed at the beginning." The collection of papers includes the following: "Logic and Experience: Thomas Jefferson's Life in the Law" by Annette Gordon-Reed, with commentary by Peter S. Onuf; "The Peculiar Fate of the Bourgeois Critique of Slavery" by James Oakes, with commentary by Walter Johnson; "Reflections on Law, Culture, and Slavery" by Ariela Gross, with commentary by Laura F. Edwards; "Rape in Black and White: Sexual Violence in the Testimony of Enslaved and Free Americans" by Norrece T. Jones, Jr., with commentary by Jan Lewis; "The Long History of a Low Place: Slavery on the South Carolina Coast, 1670-1870" by Robert Olwell, with commentary by William Dusinberre; "Paul Robeson and Richard Wright on the Arts and Slave Culture" by Sterling Stuckey, with commentary by Roger D. Abrahams. Winthrop D. Jordan is William F. Winter Professor of History and professor of African American studies at the University of Mississippi. His previous books include White Over Black: American Attitudes toward the Negro, 1550-1812 and The White Man's Burden: Historical Origins of Racism in the United States, and his work has been published in the Atlantic Monthly, Daedalus, and the Journal of Southern History, among other periodicals.

International Cultural Heritage Law

Author : Janet Blake
ISBN : 9780191035319
Genre : Law
File Size : 55. 79 MB
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This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analysing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.

Sirow News

Author :
ISBN : UTEXAS:059172148270697
Genre : Women's studies
File Size : 64. 40 MB
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