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This Reader offers a remarkable overview of the field of law and anthropology: its development, present, and potential future courses.
Edited by a preeminent anthropologist, lawyer, and pioneer in the study of law & anthropology.
Brings together classics of political thought and key contemporary work from social scientists and lawyers.
Explores historical issues and more contemporary ones such as illegal migration, human rights, gender discrimination, political corruption, and reparations for injustices committed by previous regimes.
Contents
Contents
Acknowledgments
General Introduction
Part I: Early Themes That Reappear in New Forms
1 Plato, Augustine, Aquinas, and Others Asking What is Morally Right: Essays on Natural Law, Ideal Law, and Human Law
The International Bill of Rights, Louis Henkin
Culture and Rights, Jane K. Cowan, Marie Benedicte Dembour, and Richard Wilson
2 Charles-Louis Montesquieu: Law as an Expression of a Particular Cultural Complex
The Spirit of the Law, Charles-Louis Montesquieu
Local Knowledge, Clifford Geertz
3 Henry Maine: The Contrast between Archaic Law and Modern Law
Criticism of Maine’s Theory, Norbert Rouland
4 Lewis Henry Morgan: Evolutionist, Ethnographer, Lawyer
The Historical Place of Property, Lewis Henry Morgan
5 Karl Marx: The Mode of Production at the Base - Law as Part of the Superstructure
Selected Writings, Karl Marx
Law and Economic Organization, Katherine Newman
6 Emile Durkheim: Collective Consciousnesses and Law
On Law, Emile Durkheim
Disciplinary Power and Subjection, Michael Foucault
Law and Society in Modern India, Marc Galanter
Modernity and Self Identity, Anthony Giddens
7 Max Weber: The Evolution from Irrationality to Rationality in Law
The Economy and Social Norms, Max Weber
The Theory of Communicative Action, Jürgen Habermas
Law and Social Science, Richard Lempert and Joseph Sanders
Equity and Discretion in a Modern Islamic Legal System, Lawrence Rosen
Part II: The Early Classics of Legal Ethnography: the Real Thing - Field work on Law, Rules, Cases, and Disputes
Introduction to the Early Classics of legal Ethnology
8 Crime and Custom in Savage Society
Bronislaw Malinokwski
9 A Handbook of Tswana Law and Custom
Iassac Schapera
The Judicial Process Among the Barotse of Northern Rhodesia
Max Gluckman
Justice and Judgement Among the Tiv
Paul Bohannan
Kapaupu Papuans and Their Law
Leopold Pospisil
Conclusion
Part III Present Thematic Approaches
A. Struggles over Property
13 Objects of Property and Subjects of Politics
Rosemary Coombe
14 Where it Hurts:Indian Material for an Ethics of Organ Transplantation
Lawrence Cohen
15 Disputing over Livestock in Sardinia
Julio Ruffino
16 Consensus and Suspicion: Judicial Reasoning and Social Change in an Indonesian Society 1960-1994
John R. Bowen
B. Identity and its Legal Significance
17 Identity in Mashpee
James Clifford
18 Locating a Reinvigorated Kentish Identity
Darian Smith
19 Academic Narratives: Models and Methods in the Search for Meanings
Anne M. O. Griffiths
20 Human rights and Nation Building
Richard A Wilson
C. Creating Enforceable Rules, Inside and Outside the Formal Law
21 Rights, Religion and Community: Approaches to Violence Aginst Women in the Context of Globalization
Sally Engle Merry
22 Regional Practices and the Marginalization of Law: Informal Financial Practices of Small Businesses in Taiwan" Jane Kaufman Winn
23 Enacting Law through Social Practice: Sanctuary as a Form of Resistance
Susan Coutin
24 Deciding Who Gets In: Decision-Making by Immigration Inspectors
Janet A. Gilboy
D. The Large Scale: Pluralism, Globalism and the Negotiation of International Disputes
25 Multiculturalism, Individualism and Human Rights: Romanticism, The Enlightenment and Lessons from Mauritius
Thomas Hylland Eriksen
26 Governing Economic Globalization: Global Legal Pluralism and European Union Law
Francis Snyder
27 Civilization and its Negotiations
Laura Nader
E. Law and the Future
28 Certainties Undone: Fifty Turbulent Years of Legal Anthropology, 1949-1999
Sally Falk Moore
Edited by a preeminent anthropologist, lawyer, and pioneer in the study of law & anthropology.
Brings together classics of political thought and key contemporary work from social scientists and lawyers.
Explores historical issues and more contemporary ones such as illegal migration, human rights, gender discrimination, political corruption, and reparations for injustices committed by previous regimes.
Contents
Contents
Acknowledgments
General Introduction
Part I: Early Themes That Reappear in New Forms
1 Plato, Augustine, Aquinas, and Others Asking What is Morally Right: Essays on Natural Law, Ideal Law, and Human Law
The International Bill of Rights, Louis Henkin
Culture and Rights, Jane K. Cowan, Marie Benedicte Dembour, and Richard Wilson
2 Charles-Louis Montesquieu: Law as an Expression of a Particular Cultural Complex
The Spirit of the Law, Charles-Louis Montesquieu
Local Knowledge, Clifford Geertz
3 Henry Maine: The Contrast between Archaic Law and Modern Law
Criticism of Maine’s Theory, Norbert Rouland
4 Lewis Henry Morgan: Evolutionist, Ethnographer, Lawyer
The Historical Place of Property, Lewis Henry Morgan
5 Karl Marx: The Mode of Production at the Base - Law as Part of the Superstructure
Selected Writings, Karl Marx
Law and Economic Organization, Katherine Newman
6 Emile Durkheim: Collective Consciousnesses and Law
On Law, Emile Durkheim
Disciplinary Power and Subjection, Michael Foucault
Law and Society in Modern India, Marc Galanter
Modernity and Self Identity, Anthony Giddens
7 Max Weber: The Evolution from Irrationality to Rationality in Law
The Economy and Social Norms, Max Weber
The Theory of Communicative Action, Jürgen Habermas
Law and Social Science, Richard Lempert and Joseph Sanders
Equity and Discretion in a Modern Islamic Legal System, Lawrence Rosen
Part II: The Early Classics of Legal Ethnography: the Real Thing - Field work on Law, Rules, Cases, and Disputes
Introduction to the Early Classics of legal Ethnology
8 Crime and Custom in Savage Society
Bronislaw Malinokwski
9 A Handbook of Tswana Law and Custom
Iassac Schapera
The Judicial Process Among the Barotse of Northern Rhodesia
Max Gluckman
Justice and Judgement Among the Tiv
Paul Bohannan
Kapaupu Papuans and Their Law
Leopold Pospisil
Conclusion
Part III Present Thematic Approaches
A. Struggles over Property
13 Objects of Property and Subjects of Politics
Rosemary Coombe
14 Where it Hurts:Indian Material for an Ethics of Organ Transplantation
Lawrence Cohen
15 Disputing over Livestock in Sardinia
Julio Ruffino
16 Consensus and Suspicion: Judicial Reasoning and Social Change in an Indonesian Society 1960-1994
John R. Bowen
B. Identity and its Legal Significance
17 Identity in Mashpee
James Clifford
18 Locating a Reinvigorated Kentish Identity
Darian Smith
19 Academic Narratives: Models and Methods in the Search for Meanings
Anne M. O. Griffiths
20 Human rights and Nation Building
Richard A Wilson
C. Creating Enforceable Rules, Inside and Outside the Formal Law
21 Rights, Religion and Community: Approaches to Violence Aginst Women in the Context of Globalization
Sally Engle Merry
22 Regional Practices and the Marginalization of Law: Informal Financial Practices of Small Businesses in Taiwan" Jane Kaufman Winn
23 Enacting Law through Social Practice: Sanctuary as a Form of Resistance
Susan Coutin
24 Deciding Who Gets In: Decision-Making by Immigration Inspectors
Janet A. Gilboy
D. The Large Scale: Pluralism, Globalism and the Negotiation of International Disputes
25 Multiculturalism, Individualism and Human Rights: Romanticism, The Enlightenment and Lessons from Mauritius
Thomas Hylland Eriksen
26 Governing Economic Globalization: Global Legal Pluralism and European Union Law
Francis Snyder
27 Civilization and its Negotiations
Laura Nader
E. Law and the Future
28 Certainties Undone: Fifty Turbulent Years of Legal Anthropology, 1949-1999
Sally Falk Moore
"Sally Falk Moore's insightful commentary pullstogether a delightful combination of the classics and the cuttingedge in legal anthropology. This book is both evidence of and animportant event in the story of the re-emergence of legalanthropology as a powerful source of critical inquiry both in lawand in anthropology." Bryant Garth, Director, American BarFoundation
"Law and Anthropology: A Reader has been assembledwith consummate intelligence and a magisterial knowledge of legalanthropology by one of its most respected scholars, Sally FalkMoore. It brings together some of the most influential, mostchallenging, most insightful texts in a field that, for goodhistorical reasons, is undergoing a welcome, exciting renaissance.A must-read collection of writings." John Comaroff,University of Chicago
"Law and Anthropology: A Reader has been assembledwith consummate intelligence and a magisterial knowledge of legalanthropology by one of its most respected scholars, Sally FalkMoore. It brings together some of the most influential, mostchallenging, most insightful texts in a field that, for goodhistorical reasons, is undergoing a welcome, exciting renaissance.A must-read collection of writings." John Comaroff,University of Chicago