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Author: Lawrence Rosen Publisher: Cambridge University Press ISBN: 9780521367400 Category : Law Languages : en Pages : 136
Book Description
Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Author: Lawrence Rosen Publisher: Cambridge University Press ISBN: 9780521367400 Category : Law Languages : en Pages : 136
Book Description
Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Author: Lia Kent Publisher: Routledge ISBN: 1000084744 Category : Law Languages : en Pages : 401
Book Description
Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between ‘before’ and ‘after’ war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.
Author: Michael Bruce Goddard Publisher: Berghahn Books ISBN: 9781845455613 Category : History Languages : en Pages : 332
Book Description
Papua New Guinea's village court system was introduced in 1974, partly in an effort to overcome the legal, geographical, and social distance between village societies and the country's formal courts. There are now more than 1100 village courts all over PNG, hearing thousands of cases each week. This anthropological study is grounded in ethnographic research on three different village courts and the communities they serve. It also explores the colonial historical background to the establishment of the village court system, and the local and global processes influencing the efforts of village courts to deal with everyday disputes among grassroots Melanesians.
Author: Mark Goodale Publisher: NYU Press ISBN: 1479836850 Category : Social Science Languages : en Pages : 429
Book Description
An introduction to the anthropology of law that explores the connections between law, politics, and technology From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.
Author: Carol J. Greenhouse Publisher: Wakefield Press ISBN: 9780801496783 Category : Family & Relationships Languages : en Pages : 232
Book Description
""A most stimulating book.... Praying for Justice is very successful in describing a people's aversion to discord by means of cultural analysis based on sensitive use of ethnographic and archival materials.... There is also the pure interest in figuring out a cultural system that is not of law, but that impacts on law, one that is based on justification rather than command, on participation rather than obedience, a system of handling conflict not requiring the application of human authority.... This book is superlative." A welcome study analyzing the ideology of Southern Baptists in a suburban community in Georgia. Greenhouse's concern is how religious beliefs provide a basis for people's ideas about justice in their social order and how conflicts or potential conflicts are overcome or avoided entirely by invoking religious doctrine.... Her sophisticated analysis of the data is impressive and demonstrates an understanding of Southern beliefs that few scholars have achieved. The strength of this work is in its imaginative explanation of the structural means of conflict resolution. Greenhouse goes to painstaking length to explain the Baptist response to conflict.... She absorbs herself in her data and maintains that delicate balance of scholar and confidant to her subjects."--
Author: Fernanda Pirie Publisher: Oxford University Press, USA ISBN: 0199696845 Category : Law Languages : en Pages : 281
Book Description
"Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship.
Author: Othon Alexandrakis Publisher: Indiana University Press ISBN: 0253023262 Category : History Languages : en Pages : 289
Book Description
What drives people to take to the streets in protest? What is their connection to other activists and how does that change over time? How do seemingly spontaneous activist movements emerge, endure, and evolve, especially when they lack a leader and concrete agenda? How does one analyze a changing political movement immersed in contingency? Impulse to Act addresses these questions incisively, examining a wide range of activist movements from the December 2008 protests in Greece to the recent chto delat in Russia. Contributors in the first section of this volume highlight the affective dimensions of political movements, charting the various ways in which participants coalesce around and belong to collectives of resistance. The potent agency of movements is highlighted in the second section, where scholars show how the emerging actions and critiques of protesters help disrupt authoritative political structures. Responding to the demands of the field today, the novel approaches to protest movements in Impulse to Act offer new ways to reengage with the traditional cornerstones of political anthropology.
Author: Kamari Maxine Clarke Publisher: Duke University Press ISBN: 1478007389 Category : History Languages : en Pages : 220
Book Description
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Author: Marie-Claire Foblets Publisher: Oxford University Press ISBN: 0192577018 Category : Law Languages : en Pages : 993
Book Description
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Author: Lawrence Rosen
Author: Lawrence Rosen
Author: Lia Kent
Author: Michael Bruce Goddard
Author: Mark Goodale
Author: Carol J. Greenhouse
Author: Fernanda Pirie
Author: Othon Alexandrakis
Author: Kamari Maxine Clarke
Author: Marie-Claire Foblets
Author: June Starr