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The Demise of the Reasonable Man
Judges in most societies often resort to resolving disputes by means of applying a criterion of reasonableness. In The Demise of the'Reasonable Man' Michael Saltman explores the ways in which reasonableness varies from one legal culture to another, defined by the relative presence or absence of centralized political power. In non-politically centralized societies, Saltman says, judges seek meanings underlying human behavior, and try to place reasonableness within a societal and cultural context. This is possible because primitive societies are relatively homogenous in their values and tend towards consensus when determining what constitutes reasonable behavior. In contrast, modern judges resort to standards of reasonableness only when the legal standard is unclear. Saltman contrasts judges in politically centralized societies, who, in the absence of such consensus, have the authority to determine, on the basis of that authority, what constitutes reasonableness. This rich volume references case studies drawn from ethnographic fieldwork, historical sources, and law reports to demonstrate differences in judicial attitudes toward reasonableness.
The Kipsigis
One of the basic problems of emerging nations is how to determine what factors are involved in the process of change in modernizing the legal system using customary law as the basis. How do old rules become obsolete and new rules institutionalized? In which domains of litigation do legal concepts, based on principles of Western jurisprudence, become relevant? In which domains of litigation do indigenous rules on non-Western customary law persist? In the more than fifty tribes of Kenya, customary law fulfills an extremely important function in settling contemporary civil disputes. Changes in a system of customary law are the consequences of many different factors; however, this study emphasiz...
The Sovereign State and Its Competitors
The present international system, composed for the most part of sovereign, territorial states, is often viewed as the inevitable outcome of historical development. Hendrik Spruyt argues that there was nothing inevitable about the rise of the state system, however. Examining the competing institutions that arose during the decline of feudalism--among them urban leagues, independent communes, city states, and sovereign monarchies--Spruyt disposes of the familiar claim that the superior size and war-making ability of the sovereign nation-state made it the natural successor to the feudal system. The author argues that feudalism did not give way to any single successor institution in simple linea...
Cultural Diversity and the Empowerment of Minorities
Conflicts between different racial, ethnic, national and other social groups are becoming more and more salient. One of the main sources of these internal conflicts is social and economic inequality, in particular the increasing disparities between majority and minority groups. Even societies that had been successful in dealing with external conflicts and making the transition from war to peace have realized that this does not automatically resolve internal conflicts. On the contrary, the resolution of external conflicts may even sharpen the internal ones. This volume, a joint publication of the University of Haifa and the International Center for Graduate Studies (ICGS) at the University of Hamburg, addresses questions of how to deal with internal issues of social inequality and cultural diversity and, at the same time, how to build a shared civility among their different national, ethnic, religious and social groups.
Reason and Morality
First Published in 1985. What is the place of reason and conversely of the unreasonable, the contradictory, the emotional and the chaotic in social life? What is the nature of general human rationality? Are there such things as incommensurable world views? How efficacious are typologies or 'modes of thought' or cognitive styles? These are some of the controversies addressed by the contributors to this volume which draws together papers from the 1984 Malinowski Centennial Conference of the ASA.
A Pepper-pot of Cultures
The terms 'creole' and 'creolization' have witnessed a number of significant semantic changes in the course of their history. Originating in the vocabulary associated with colonial expansion in the Americas it had been successively narrowed down to the field of black American culture or of particular linguistic phenomena. Recently 'creole' has expanded again to cover the broad area of cultural contact and transformation characterizing the processes of globalization initiated by the colonial migrations of past centuries. The present volume is intended to illustrate these various stages either by historical and/or theoretical discussion of the concept or through selected case studies. The auth...
Territoriality and Conflict in an Era of Globalization
Predictions that globalization would undermine territorial attachments and weaken the sources of territorial conflict have not been realized in recent decades. Globalization may have produced changes in territoriality and the functions of borders, but it has not eliminated them. The contributors to this volume examine this relationship, arguing that much of the change can be attributed to sources other than economic globalization. Bringing the perspectives of law, political science, anthropology, and geography to bear on the complex causal relations among territoriality, conflict, and globalization, leading contributors examine how territorial attachments are constructed, why they have remained so powerful in the face of an increasingly globalized world, and what effect continuing strong attachments may have on conflict. They argue that territorial attachments and people's willingness to fight for territory depends upon the symbolic role it plays in constituting people's identities, and producing a sense of belonging in an increasingly globalized world.
Speech Act Taxonomy as a Tool for Ethnographic Description
This study is intended to design measures for ethnographic description including speech acts in an etic instrumental approach, oriented toward an analysis of the functions of communicative events in relation to the ongoing stream of behavior. A revised taxonomy of speech acts is applied to an empirical corpus and is shown to produce a systematic set of behavioral measures which are potentially productive for cross-cultural comparison.
Anthropology and the New Cosmopolitanism
Anthropology and the New Cosmopolitanism inaugurates a new, situated, cosmopolitan anthropology. It examines the rise of postcolonial movements responsive to global rights movements, which espouse a politics of dignity, cultural difference, democracy, dissent and tolerance. The book starts from the premise that cosmopolitanism is not, and never has been, a 'western', elitist ideal exclusively. The book's major innovation is to show the way cosmopolitans beyond the North--in Papua New Guinea, Indonesia and Malaysia, India, Africa, the Middle East and Mexico--juggle universalist commitments with roots in local cultural milieus and particular communities.Anthropology and the New Cosmopolitanism breaks new ground in theorizing the role of social anthropology as a discipline that engages with the moral, economic, legal and political transformations and dislocations of a globalizing world. It introduces the reader to key debates surrounding cosmopolitanism in the social sciences, and is written clearly and accessibly for undergraduates in anthropology and related subjects.
Facing Barriers
Analyzes the labor experience of Israeli Palestinian women, arguing that state policies and widespread discrimination hinder their labor force participation and success.
