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Vol 23 No 6 June/July 2018

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Law and Anthropology

Edited by: Sally Falk Moore

ISBN13: 9781405102285
ISBN: 1405102284
Published: February 2004
Publisher: Wiley-Blackwell
Country of Publication: USA
Format: Paperback
Price: £34.99

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The study of law was a cornerstone of early anthropological and sociological discussions. Precisely because social scientists like Weber and Durkheim were preoccupied with understanding the processes of social evolution and the form of the state, comparisons between law in European and non-European contexts became a central focus.

Today the study of law is a focus of new interest in the social sciences. How is the place of law to be understood? Where does it fit in the totality of social life? It is well known that law is often circumvented, whether in the financial world, in the drug business, in international affairs, or in matters touching on human rights. How much does the law determine what happens in a society?

Contemporary social scientists looking at law are now preoccupied with this question as they inspect such topics as international transactions, illegal migration, gender discrimination, political corruption, distributions of property, and reparations by new governments for injustices committed by previous regimes.

In Law and Anthropology: A Reader, Sally Falk Moore, has created a collection that breaks down disciplinary fences.;The Reader brings together historical classics of political thought and examples of contemporary work from social scientists and lawyers. In presenting this varied range of material, Moore offers a remarkable overview of the field of law and anthropology: its development, its present, and potential future courses.

ContentsAcknowledgmentsGeneral IntroductionPart I: Early Themes That Reappear in New Forms1 Plato, Augustine, Aquinas, and Others Asking What is Morally Right: Essays on Natural Law, Ideal Law, and Human LawThe International Bill of Rights, Louis HenkinCulture and Rights, Jane K. Cowan, Marie Benedicte Dembour, and Richard Wilson2 Charles-Louis Montesquieu: Law as an Expression of a Particular Cultural ComplexThe Spirit of the Law, Charles-Louis MontesquieuLocal Knowledge, Clifford Geertz3 Henry Maine: The Contrast between Archaic Law and Modern LawCriticism of Maine's Theory, Norbert Rouland4 Lewis Henry Morgan: Evolutionist, Ethnographer, LawyerThe Historical Place of Property, Lewis Henry Morgan5 Karl Marx: The Mode of Production at the Base - Law as Part of the SuperstructureSelected Writings, Karl MarxLaw and Economic Organization, Katherine Newman6 Emile Durkheim: Collective Consciousnesses and LawOn Law, Emile DurkheimDisciplinary Power and Subjection, Michael FoucaultLaw and Society in Modern India, Marc GalanterModernity and Self Identity, Anthony Giddens7 Max Weber: The Evolution from Irrationality to Rationality in LawThe Economy and Social Norms, Max WeberThe Theory of Communicative Action, Jurgen HabermasLaw and Social Science, Richard Lempert and Joseph SandersEquity and Discretion in a Modern Islamic Legal System, Lawrence RosenPart II: The Early Classics of Legal Ethnography: the Real Thing - Field work on Law, Rules, Cases, and DisputesIntroduction to the Early Classics of legal Ethnology8 Crime and Custom in Savage SocietyBronislaw Malinokwski9 A Handbook of Tswana Law and CustomIassac SchaperaThe Judicial Process Among the Barotse of Northern RhodesiaMax GluckmanJustice and Judgement Among the TivPaul BohannanKapaupu Papuans and Their LawLeopold PospisilConclusionPart III Present Thematic ApproachesA. Struggles over Property13 Objects of Property and Subjects of PoliticsRosemary Coombe14 Where it Hurts:Indian Material for an Ethics of Organ TransplantationLawrence Cohen15 Disputing over Livestock in SardiniaJulio Ruffino16 Consensus and Suspicion: Judicial Reasoning and Social Change in an Indonesian Society 1960 - 1994John R. BowenB. Identity and its Legal Significance17 Identity in MashpeeJames Clifford18 Locating a Reinvigorated Kentish IdentityDarian Smith19 Academic Narratives: Models and Methods in the Search for MeaningsAnne M. O. Griffiths20 Human rights and Nation BuildingRichard A WilsonC. Creating Enforceable Rules, Inside and Outside the Formal Law21 Rights, Religion and Community: Approaches to Violence Aginst Women in the Context of GlobalizationSally Engle Merry22 Regional Practices and the Marginalization of Law: Informal Financial Practices of Small Businesses in Taiwan"" Jane Kaufman Winn23 Enacting Law through Social Practice: Sanctuary as a Form of ResistanceSusan Coutin24 Deciding Who Gets In: Decision-Making by Immigration InspectorsJanet A. GilboyD. The Large Scale: Pluralism, Globalism and the Negotiation