Misplaced Pages

#491508

56-478: The library holds more than a half million digital and print titles and is a leader in the provision of information in electronic formats. Its collection is particularly strong in historical legal materials and comparative and international law . The library has won a number of awards and accolades over the years. 33°56′20″N 83°23′13″W  /  33.939°N 83.387°W  / 33.939; -83.387 This University of Georgia –related article

112-614: A civil trial court. Political anthropologists have had much to say about the UDHR (Universal Declaration of Human Rights). Original critiques, most notably by the AAA (American Anthropological Association), argued that cultural ideas of rights and entitlement differ between societies. They warned that any attempt to endorse one set of values above all others amounted to a new western imperialism, and would be counter to ideas of cultural relativism. Most anthropologists now agree that universal human rights have

168-546: A community. As culture is not bounded and unchanging, there are multiple discourses and moral viewpoints within any community and among the various actors in such events (Merry 2003). Cultural relativists risk supporting the most powerfully asserted position at the expense of those who are subjugated under it. More recent contributions to the question of universal human rights include analysis of their use in practice, and how global discourses are translated into local contexts (Merry 2003). Anthropologists such as Merry (2006) note how

224-675: A comparative discussion of Eastern and Western legal traditions. This work placed comparative law in its historical context and was widely read and influential. The first university course on the subject was established at the University of Oxford in 1869, with Maine taking up the position of professor. Comparative law in the US was brought by a legal scholar fleeing persecution in Germany, Rudolf Schlesinger . Schlesinger eventually became professor of comparative law at Cornell Law School helping to spread

280-461: A data-rich source. One example of such an interest is expressed by Philip Gulliver , 1963, Social Control in an African Society in which the intimate relations between disputes are postulated as being important. He examines the patterns of alliance between actors of a dispute and the strategies that develop as a result, the roles of mediators and the typologies for intervention. Another is Sara Ross, whose work Law and Intangible Cultural Heritage in

336-458: A discrete entity. This has led to multiple researchers and ethnographies examining such aspects as order, dispute, conflict management, crime, sanctions, or formal regulation, in addition (and often antagonistically) to law-centred studies, with small-societal studies leading to insightful self-reflections and better understanding of the founding concept of law. Contemporary research in legal anthropology has sought to apply its framework to issues at

392-513: A discrete set of legal norms, these are not treated similarly to the English Legal System's unequivocal power and unchallenged pre-eminence. Shamans, fighting and supernatural means are all mechanisms of superimposing rules within other societies. For example, within Rasmussen ’s work of Across Arctic America (1927) he recounts Eskimo nith -songs being used as a public reprimand by expressing

448-502: A dispute are more informative about a culture than the rules. Classic studies deriving theories of order from disputes include Evans-Pritchard work Witchcraft, Oracles and Magic among the Azande which focused upon functional disputes surrounding sorcery and witchcraft practices, or Comaroff and Roberts (1981) work among the Tswana which examine the hierarchy of disputes, the patterns of contact and

504-435: A foreign rule disrupts established norms and societal arrangements. This disruption sparks an evolution where the external rule's meaning is redefined and where significant transformations within the internal context are triggered. Lasse Schuldt added that irritation is not spontaneous, but requires institutional drivers. Also, the usefulness of comparative law for sociology of law and law and economics (and vice versa)

560-467: A hotly debated, controversial issue contested particularly among legal anthropologists and human rights activists. Through her ethnography (1989) on the practice of pharaonic circumcision among the Hofriyat of Sudan (1989) Boddy maintains that understanding local cultural norms is of crucial importance when considering intervention to prevent the practice. Human rights activists attempting to eradicate FGC using

616-436: A manner to the people for whom they are framed that it should be a great chance if those of one nation suit another. They should be in relation to the nature and principle of each government: whether they form it, as may be said of politic laws; or whether they support it, as in the case of civil institutions. They should be in relation to the climate of each country, to the quality of its soil, to its situation and extent, to

SECTION 10

#1732851418492

672-633: A number of useful introductions to the field of legal anthropology, Sally Falk Moore , a leading legal anthropologist, held both a law degree and a PhD in anthropology. An increasing number of legal anthropologists hold both JDs and advanced degrees in anthropology, and some teach in law schools while maintaining scholarly connections within the field of legal anthropology; examples include Rebecca French, John Conley, Elizabeth Mertz , and Annelise Riles . Such combined expertise has also been turned to more applied anthropological pursuits such as tribal advocacy and forensic ethnography by practitioners. There

728-469: A regulatory acting force. This processual understanding of conflict and dispute became apparent and subsequently heavily theorized upon by the anthropological discipline within the latter half of the nineteenth century as a gateway to the law and order of a society. Disputes have come to be recognised as necessary and constructive over pathological whilst the stated rules of law only explain some aspects of control and compliance. The context and interactions of

784-503: A section of the American Anthropological Association , is the primary professional association in the U.S. for legal anthropologists and also has many overseas members. It publishes PoLAR: Political and Legal Anthropology Review , the leading U.S. journal in the field of legal anthropology, which is accessible via http://polarjournal.org/ or http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1555-2934 'Allegra:

840-420: A useful place in today's world. Zechenter (1997) argues there are practices, such as Indian 'sati' (the burning of a widow on her husband's funeral pyre) that can be said to be wrong, despite justifications of tradition. This is because such practices are about much more than a culturally established world view, and frequently develop or revive as a result of socio-economic conditions and the balance of power within

896-436: Is a stub . You can help Misplaced Pages by expanding it . This article relating to library science or information science is a stub . You can help Misplaced Pages by expanding it . Comparative law Comparative law is the study of differences and similarities between the law ( legal systems ) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in

952-751: Is a growing interest in the intersection of legal and linguistic anthropology . If looking for anthropology departments with faculty specializing in legal anthropology in North America, try the following schools and professors: University of California, Berkeley ( Laura Nader ), University of California, Irvine ( Susan Bibler Coutin , Bill Maurer , Justin B. Richland ), Duke University ( William M. O'Barr ), Princeton University ( Lawrence Rosen , Carol J. Greenhouse ), State University of New York at Buffalo (Rebecca French), New York University (Sally Engle Merry), Harvard University ( Jean Comaroff ), and George Mason University ( Susan Hirsch ). In Europe,

1008-710: Is appropriate to have a robust methodology capable of scientifically analysing the topic at hand. The broad method of study by legal anthropologists prevails upon the Case Study Approach first developed by Llewellyn and Hoebel in The Cheyenne Way (1941) not as “a philosophy but a technology.” This methodology is applied to situations of cross-cultural conflict and the correlating resolution, which can have sets of legal notions and jural regularities extracted from them. This method may be safe-guarded against accusations of imposing western ideological structures as it

1064-727: Is becoming a global issue due to increased mobility. What was once deemed a largely African practice has seen a steady increase in European countries such as Britain. Although made illegal in 1985 there have as yet been no convictions and girls as old as nine continue to have the procedure. Legislation has now also been passed in Sweden, the United States and France where there have been convictions. Black, J. A. and Debelle, G. D. (1995) "Female Genital Mutilation in Britain" British Medical Journal . There are

1120-522: Is distinct from other law like processes, for example because of its relationship with the state. Order and regulatory behaviour are required if social life is to be maintained. The scale and shade of this behaviour depends on the values and beliefs held by a society deriving from implicit understandings of the norm developed through socialization. There are socially constructed norms with varying degrees of explicitness and levels of order. Conflict may not be interpreted as an extreme pathological event but as

1176-457: Is most agreeable to reason, we must take them each as a whole and compare them in their entirety." Yet another place where Montesquieu's comparative approach is evident is the following, from Chapter XIII of Book XXIX: As the civil laws depend on the political institutions, because they are made for the same society, whenever there is a design of adopting the civil law of another nation, it would be proper to examine beforehand whether they have both

SECTION 20

#1732851418492

1232-429: Is often an emic sentiment: for example, “The Tiv drove me to the case method…what they were interested in. They put a lot of time and effort into cases.” Scholars of the sociology of knowledge note that social and power relations can both be created by the definition of knowledge , and influence how knowledge is created. Scholars have argued that law provides a set of categories and relations through which to see

1288-432: Is very large. The comparative study of the various legal systems may show how different legal regulations for the same problem function in practice. Conversely, sociology of law and law & economics may help comparative law answer questions, such as: René David proposed the classification of legal systems, according to the different ideology inspiring each one, into five groups or families: Especially with respect to

1344-510: The Trobriand Islanders . The English lawyer Sir Henry Maine is often credited with founding the study of Legal Anthropology through his book Ancient Law (1861). An ethno-centric evolutionary perspective was pre-eminent in early Anthropological discourse on law, evident through terms applied such as ‘pre-law’ or ‘proto-law’ in describing indigenous cultures. However, though Maine’s evolutionary framework has been largely rejected within

1400-462: The United Nations System , in analyzing the laws of different countries regarding their treaty obligations. Comparative law would be applicable to private international law when developing an approach to interpretation in a conflicts analysis. Comparative law may contribute to legal theory by creating categories and concepts of general application. Comparative law may also provide insights into

1456-525: The City focuses the rubric of legal anthropology specifically onto the urban context through an "urban legal anthropology", that includes the use of virtual ethnography , institutional ethnography , and participant observation in urban public and private spaces. See Lyon, 2002 Local arbitration and conflict deferment in Punjab, Pakistan or Engel, D. 1980. Legal pluralism in an American community: perspectives on

1512-501: The Civil law legal systems included those countries where legal science was formulated according to Roman law, whereas Common law countries are those dominated by judge-made law. The characteristics that he believed uniquely differentiate the Western legal family from the other four are: Arminjon, Nolde, and Wolff believed that, for purposes of classifying the (then) contemporary legal systems of

1568-565: The Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into several families. A few years later, Leibniz introduced an idea of Language families. Although every Legal System is unique, Comparative Law through studies of their similarities and differences allows for classification of Legal Systems, wherein Law Families is the basic level of the classification. The main differences between Law Families are found in

1624-503: The aggregating by David of the Civil and Common laws into a single family, David argued that the antithesis between the Common law and Civil law systems, is of a technical rather than of an ideological nature. Of a different kind is, for instance, the antithesis between, say, Italian and American laws, and of a different kind than between the Soviet, Muslim, Hindu, or Chinese laws. According to David,

1680-619: The arrangements, the sociological realities, the cultural mechanisms which act for the enforcement of law." Thus, law has been studied in ways that may be categorized by as: 1) prescriptive rules 2) observable regularities 3) Instances of dispute. Legal scholars noted that many social structures had their own rules and processes that were similar to law, which were referred to as legal orders. The viewpoint that law should be studied together with these legal orders or cannot be seen as fundamentally distinct or separate from them has been referred to as legal pluralism. Some scholars have argued that law

1736-449: The attributes of rules, courts and sanctions. To learn more on this view, see Hobbes. 1651 Leviathan, part 2, chapter 26 or Salmond, J. 1902 Jurisprudence. However, this view of law is not applicable everywhere. There are many acephalous societies around the world where the above control mechanisms are absent. There are no conceptualized and isolated set of normative rules – these are instead embodied in everyday life. Even when there may be

Alexander Campbell King Law Library - Misplaced Pages Continue

1792-819: The classification of legal systems places national laws in the broader context of major legal tradition: Legal anthropology Legal anthropology , also known as the anthropology of laws , is a sub-discipline of anthropology that uses an interdisciplinary approach to "the cross-cultural study of social ordering". The questions that Legal Anthropologists seek to answer concern how is law present in cultures? How does it manifest? How may anthropologists contribute to understandings of law? Earlier legal anthropological research focused more narrowly on conflict management, crime, sanctions, or formal regulation. Bronisław Malinowski 's 1926 work, Crime and Custom in Savage Society , explored law, order, crime, and punishment among

1848-418: The concepts of life change. Legal theorist H. L. A. Hart , however, stated that law is a body of rules, and is a union of two sets of rules: Within modern English Theory, law is a discrete and specialized topic. Predominantly positivist in character, it is closely linked to notions of a rule-making body, the judiciary and enforcement agencies. The centralized state organisation and isolates are essentials to

1904-410: The discipline throughout the US. Comparative law is an academic discipline that involves the study of legal systems, including their constitutive elements and how they differ, and how their elements combine into a system. Several disciplines have developed as separate branches of comparative law, including comparative constitutional law , comparative administrative law , comparative civil law (in

1960-519: The discipline, the questions he raised have shaped the subsequent discourse of the study. Moreover, the 1926 publication of Crime and Custom in Savage Society by Malinowski based upon his time with the Trobriand Islanders, further helped establish the discipline of legal anthropology. Through emphasizing the order present in acephelous societies, Malinowski proposed the cross-cultural examining of law through its established functions as opposed to

2016-541: The effect norms affect the course of dispute as norms important to dispute are rarely “especially organised for jural purpose.” Other examples include: Leach , 1954. Political Systems of Highland Burma. Barth , 1959. Political Leadership among Swat Pathans. Within the history of Legal Anthropology there have been various methods of data gathering adopted; ranging from literature review of traveller/missionary accounts, consulting informants and lengthy participant observation. Furthermore, when evaluating any research it

2072-520: The exclusive possession of the principles by which quarrels are decided." This evolutionary approach , as has been stated, was subsequently replaced within the anthropological discourse by the need to examine the manifestations of law's societal function. As according to Hoebel , law has four functions: 1) to identify socially acceptable lines of behaviour for inclusion in the culture. 2) To allocate authority and who may legitimately apply force. 3) To settle trouble cases. 4) To redefine relationships as

2128-416: The following scholars and schools will be good resources: Vanja Hamzić (SOAS University of London), Jane Cowan (University of Sussex), Ann Griffiths and Toby Kelly (University of Edinburgh), Sari Wastell (Goldsmiths, University of London), Harri Englund and Yael Navaro (University of Cambridge), and Richard Rottenburg (Martin-Luther Universität). The Association for Political and Legal Anthropology (APLA),

2184-447: The historical background, the characteristic way of thought, the different institutions, the recognized sources of law, and the dominant ideology. Using the aforementioned criteria, they classify the legal systems of the world into six families: Up to the second German edition of their introduction to comparative law, Zweigert and Kötz also used to mention Soviet or socialist law as another family of laws. H. Patrick Glenn proposed

2240-456: The intersections of law and culture, including human rights , legal pluralism , Islamophobia and political uprisings. Legal Anthropology provides a definition of law which differs from that found within modern legal systems. Hoebel (1954) offered the following definition of law: "A social norm is legal if its neglect or infraction is regularly met, in threat or in fact, by the application of physical force by an individual or group possessing

2296-417: The law of private relations is organised, interpreted and used in different systems or countries. The purposes of comparative law are: Comparative law is different from general jurisprudence (i.e. legal theory) and from public and private international law. However, it helps inform all of these areas of normativity. For example, comparative law can help international legal institutions, such as those of

Alexander Campbell King Law Library - Misplaced Pages Continue

2352-529: The legal framework of the UNDHR is not static but is actively used by communities around the globe to construct meaning. As much as the document is a product of western Enlightenment thinking, communities have the capacity to shape its meaning to suit their own agendas, incorporating its principles in ways that empower them to tackle their own local and national discontents. Female genital cutting (FGC), also known as female circumcision or female genital mutilation remains

2408-616: The legal framework of the Universal Declaration of Human Rights (UNDHR) as their justification, run the risk of imposing a set of ideological principles, alien to the culture attempting to be helped, potentially facing hostile reactions. Moreover, the UNDHR as a legal document, is contested by some as being restrictive in its prescription of what is and is not deemed a violation of a human right (Ross 2003) and overlooks local customary justifications which operate outside of an international legalistic framework (Ross 2003). Increasingly (FGC)

2464-525: The primary differences between British and American Anthropology regarding fieldwork approaches and concerns the imposition of Western terminology as ethnological categories of differing societies. Each author's uses the Case Study Approach, however, the data's presentation in terms of achieving comparativeness is a point of contention between them. Paul Bohannan promotes the use of native terminology presented with ethnographic meaning as opposed to any Universal categories, which act as barriers to understanding

2520-602: The principal occupation of the natives, whether husbandmen, huntsmen, or shepherds: they should have relation to the degree of liberty which the constitution will bear; to the religion of the inhabitants, to their inclinations, riches, numbers, commerce, manners, and customs. Also, in Chapter XI (entitled 'How to compare two different Systems of Laws') of Book XXIX, discussing the French and English systems for punishment of false witnesses, he advises that "to determine which of those systems

2576-412: The question of legal transplants , i.e. the transplanting of law and legal institutions from one system to another. The notion of legal transplants was coined by Alan Watson , one of the world's renowned legal scholars specializing in comparative law. Gunther Teubner expanded the notion of legal transplantation to include legal irritation : Rather than smoothly integrating into domestic legal systems,

2632-471: The refinement of dispute facts and interrelations. Thus, all native terms should be described and translated into an Anglo-American conceptual equivalent for the purpose of comparison. As disputes and order began to be recognised as categories worthy of study, interest in the inherent aspects of conflicts emerged within legal anthropology. The processes and actors involved within the events became an object of study for ethnographers as they embraced conflict as

2688-464: The same institutions and the same political law. The modern founding figure of comparative and anthropological jurisprudence was Sir Henry Maine , a British jurist and legal historian. In his 1861 work Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas , he set out his views on the development of legal institutions in primitive societies and engaged in

2744-429: The sense of the law of torts , contracts , property and obligations ), comparative commercial law (in the sense of business organisations and trade), and comparative criminal law . Studies of these specific areas may be viewed as micro- or macro-comparative legal analysis, i.e. detailed comparisons of two countries, or broad-ranging studies of several countries. Comparative civil law studies, for instance, show how

2800-626: The social world. Individuals themselves (rather than legal professionals) will try to frame their problems in legalistic terms to resolve them. Boaventura de Sousa Santos argues that these legal categories can distort reality, Yngvesson argues that the definitions themselves can create power imbalances. Regarding law, in Anthropology's characteristically self-conscious manner, the comparative analysis inherent to Legal Anthropology has been speculated upon and most famously debated by Paul Bohannan and Max Gluckman . The discourse highlights one of

2856-402: The socially recognized privilege of so acting." Maine argued that human societies passing through three basic stages of legal development, from a group presided over by a senior agnate, through stages of territorial development and culminating in an elite forming normative laws of society, stating that "what the juristical oligarchy now claims is to monopolize the knowledge of the laws, to have

SECTION 50

#1732851418492

2912-499: The source(s) of Law, the role of court precedents, the origin and development of the Legal System. Montesquieu is generally regarded as an early founding figure of comparative law. His comparative approach is obvious in the following excerpt from Chapter III of Book I of his masterpiece, De l'esprit des lois (1748; first translated by Thomas Nugent, 1750): [T]he political and civil laws of each nation ... should be adapted in such

2968-484: The true nature of a culture's legal system. Advocating that it is better to appreciate native terms in their own medium, Bohannan critiques Gluckman's work for its inherent bias . Gluckman has argued that Bohannan's excessive use of native terminology creates barriers when attempting to achieve comparative analysis. He in turn has suggested that in order to further the cross-cultural comparative study of law, we should use English terms and concepts of law which will aid in

3024-679: The world, including the common law , the civil law , socialist law , Canon law , Jewish Law , Islamic law , Hindu law , and Chinese law . It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization , and democratization. The origins of modern Comparative Law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book Nova Methodus Discendae Docendaeque Iurisprudentiae (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as

3080-539: The world, it was required that those systems per se get studied, irrespective of external factors, such as geographical ones. They proposed the classification of legal system into seven groups, or so-called 'families', in particular the: Konrad Zweigert and Hein Kötz propose a different, multidimensional methodology for categorizing laws, i.e. for ordering families of laws. They maintain that, to determine such families, five criteria should be taken into account, in particular:

3136-420: The wrongdoing of someone guilty. Thus, instead of focusing upon the explicit manifestations of law, legal anthropologists have taken to examining the functions of law and how it is expressed. A view expressed by Leopold Pospisil and encapsulated by Bronislaw Malinowski: "In such primitive communities I personally believe that law ought to be defined by function and not by form, that is we ought to see what are

#491508