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This account of the anthropology of law is remarkable in its command of the Anglo-American and Continental literatures in this field; and it is timely in addressing contemporary issues. Two central projects are carried through in succesive parts of the book. In the first, the author outlines the history of the "anthropology of law," drawing on the intellectual context of legal development. In the second, Professor Rouland examines the legal ideas, institutions and processes of small-scale non-Western societies, moving finally towards an anthropology of modern law. The author has published widely within the field of legal anthropology.
In order to further scientific knowledge of human rights, the Council of Europe holds high-level meetings, such as colloquies, round tables and seminars. Every five years an important Colloquy on the European Convention on Human Rights takes place in a town of a member State. The Eighth International Colloquy on the European Convention on Human Rights, organised by the Secretariat General of the Council of Europe in collaboration with the Ministry of Justice of Hungary and the Hungarian Institute for Legal and Administrative Sciences, was held in Budapest from 20 to 23 September 1995. This volume contains the Proceedings of the Budapest Colloquy, which covered the following themes: The Europ...
Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Arming slaves as soldiers is a counterintuitive idea. Yet throughout history, in many varied societies, slaveholders have entrusted slaves with the use of deadly force. This book is the first to survey the practice broadly across space and time, encompassing the cultures of classical Greece, the early Islamic kingdoms of the Near East, West and East Africa, the British and French Caribbean, the United States, and Latin America. To facilitate cross-cultural comparisons, each chapter addresses four crucial issues: the social and cultural facts regarding the arming of slaves, the experience of slave soldiers, the ideological origins and consequences of equipping enslaved peoples for battle, and the impact of the practice on the status of slaves and slavery itself. What emerges from the book is a new historical understanding: the arming of slaves is neither uncommon nor paradoxical but is instead both predictable and explicable.
National linguistic ideology has been at the base of most historical processes that –whether they are complete or not – have brought us to the current reality: a world of languages that represent, with greater or lesser exactitude, the diversity – and convergences – of human groups. Various of today’s thinkers have predicted the decline or even the end of national ideologies. In the area of language, postmodernism would make the linguistic affiliation of the community individuals irrelevant, de-ideologise language use, and extend plurilingualism and language alternation in association with a new distribution of (physical or functional) spaces of linguistic practice. But is this tru...
The Politics of Belonging represents an innovative collaboration between political theorists and political scientists for the purposes of investigating the liberal and pluralistic traditions of nationalism. Alain Dieckhoff introduces an indispensable collection of work for anyone dealing with questions of identity, ethnicity, and nationalism.
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Drummond (law, McGill U.) focuses on the delivery of justice in Inuit communities in northern Quebec in order to investigate the complexities and contradictions of accommodation between Aboriginal and non-Aboriginal legal systems. She argues that the conflicts project an incommensurability between underlying cultural codes, and reflects on intercultural history, concepts of identity and belonging, and communication across cultures and genders. Canadian card order number: C97-900716-x. Annotation copyrighted by Book News, Inc., Portland, OR