Revisiting Mary Douglas
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Bringing Cultural Practice Into Law: Ritual and Social Norms Jurisprudence Andrew J
Santa Clara Law Review Volume 43 | Number 2 Article 2 1-1-2003 Bringing Cultural Practice Into Law: Ritual and Social Norms Jurisprudence Andrew J. Cappel Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Andrew J. Cappel, Bringing Cultural Practice Into Law: Ritual and Social Norms Jurisprudence, 43 Santa Clara L. Rev. 389 (2003). Available at: http://digitalcommons.law.scu.edu/lawreview/vol43/iss2/2 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. BRINGING CULTURAL PRACTICE INTO LAW: RITUAL AND SOCIAL NORMS JURISPRUDENCE Andrew J. Cappel* I. INTRODUCTION The past decade has witnessed an explosive growth in legal scholarship dealing with the problem of informal social norms and their relationship to formal law.1 This article highlights a sa- * Associate Professor of Law, St. Thomas University Law School. J.D., Yale Law School; M.Phil., Yale University; B.A., Yale College. I would like to thank Bruce Ackerman and Stanley Fish, both of whom read prior versions of this paper, for their help and advice. I also wish to thank Robert Ellickson for his encourage- ment in this project. In addition, valuable suggestions were made by participants when a version of this paper was presented at the 2000 Law and Society conference in Miami. Among the many of my present and former colleagues at St. -
Anthropology and Smoke, Anthropological Forum, 28(2): 107-115
PRE-COPYEDITED VERSION — PUBLISHED AS Denis, Simone and Yasmine Musharbash, 2018. Anthropology and Smoke, Anthropological Forum, 28(2): 107-115. Downloaded from http://www.anthropologicalforum.net COPYRIGHT All rights held by DENIS, Simone and MUSHARBASH, Yasmine. You need to get the authors’ permission for uses other than teaching and personal research. Anthropology and Smoke Simone Dennis1 and Yasmine Musharbash2 1. College of Arts and Social Sciences, Australian National University. 2. Department of Anthropology, The University of Sydney. Abstract: In this introductory paper, we contemplate both a variety of anthropological approaches to smoke and how analyses of smoke—as object, material, phenomenon, practice, or political fact— might contribute to anthropological knowledge. We consider these questions in and through the themes cross-cutting this collection, including: the sensuous aspects of smoke (especially in the olfactory, visual and haptic relations it occasions, entails and denies); the politics of smoke (in particular regard to climate change, public health, and Indigenous knowledge); smoke’s temporal dimensions (from the human mastery of fire via industrial chimneys to vaping e-cigarettes); and its ritual functions (encapsulating transition par excellence, curing ills, placating spirits, and marking time). We conclude by pondering smoke’s inherent capacity to escape the bounds we might set for it, including the imposition of highly politicised spatial, temporal, and intellectual constraints. Keywords: smoke, air, politics, -
Symbolic Anthropology Symbolic Anthropology Victor Turner (1920
Symbolic Anthropology • Examines symbols & processes by which humans assign meaning. • Addresses fundamental Symbolic anthropology questions about human social life, especially through myth & ritual. ANTH 348/Ideas of Culture • Culture does not exist apart from individuals. • It is found in interpretations of events & things around them. Symbolic Anthropology Victor Turner (1920-1983) • Studied with Max Gluckman @ Manchester University. • Culture is a system of meaning deciphered by • Taught at: interpreting key symbols & rituals. • Stanford University • Anthropology is an interpretive not scientific • Cornell University • University of Chicago endeavor . • University of Virginia. • 2 dominant trends in symbolic anthropology • Publications include: • Schism & Continuity in an African Society (1957) represented by work of British anthropologist • The Forest of Symbols: Aspects of Ndembu Ritual (1967) Victor Turner & American anthropologist • The Drums of Affliction: A Study of Religious Processes Among the Ndembu of Zambia Clifford Geertz. (1968) • The Ritual Process: Structure & Anti-Structure (1969). • Dramas, Fields, & Metaphors (1974) • Revelation & Divination in Ndembu Ritual (1975) Social Drama Social drama • • Early work on village-level social processes among the For Turner, social dramas have four main phases: Ndembu people of Zambia 1. Breach –rupture in social relations. examination of demographics & economics. 2. Crisis – cannot be handled by normal strategies. • Later shift to analysis of ritual & symbolism. 3. Redressive action – seeks to remedy the initial problem, • Turner introduced idea of social drama redress and re-establish • "public episodes of tensional irruption*” 4. Reintegration or schism – return to status quo or an • “units of aharmonic or disharmonic process, arising in conflict situations.” alteration in social arrangements. • They represent windows into social organization & values . -
Not-The-Troubles: Disinterring the Marginalised Stories of the Ordinary and the Everyday
PRE-COPYEDITED VERSION — PUBLISHED AS Lane, Karen, 2019. Not-the-Troubles: Disinterring the Marginalised Stories of the Ordinary and the Everyday. Anthropological Forum, 29(1) : 62-76. Downloaded from http://www.anthropologicalforum.net COPYRIGHT All rights held by Lane, Karen. You need to get the author’s permission for uses other than teaching and personal research. Not-the-Troubles: Disinterring the Marginalised Stories of the Ordinary and the Everyday Karen Lane Department of Social Anthropology, University of St Andrews Abstract: Urban studies of Belfast, Northern Ireland, thoroughly explore the contested or post- conflict city. However, these ‘grand narratives’ do not necessarily accord with people’s day-to-day experiences. Although the ordinary and everyday is the lifeblood of anthropological inquiry, the mundane in Belfast dwells on the narratorial margin, as academic and political loci predominantly align to the Troubles: to the protagonists, the causes or the peace-building aftermath. Ten by Nine (Tenx9) is a monthly, public storytelling night showcasing ordinary people and their true, personal, everyday stories, juxtaposing the funny, poignant and educational, and celebrating the quotidian. Retelling Belfast at Tenx9 challenges hegemonic discourse by moving the mundane from the margin to the centre, opening up a space for small ‘t’ troubles to be shared. The communitas at Tenx9 promotes a sense of belonging in the city outwith Troubled narratives and storytelling, an ancient Irish oral culture, becomes a new form of symbolic practice. Keywords Divided City; Belfast; Urban Margins; Storytelling; Communitas PRE-COPYEDITED VERSION – Lane, 2019 2 Introduction1 To understand the complexity of city life, one needs to consider a spectrum of experience, and urban studies draw upon several disciplinary approaches (Amin and Thrift 2002; Sennett 1990). -
Issues and Challenges in Researching Indigenous Compensation Claims
Anthropological Forum A Journal of Social Anthropology and Comparative Sociology ISSN: 0066-4677 (Print) 1469-2902 (Online) Journal homepage: https://www.tandfonline.com/loi/canf20 Framing the Loss of Solace: Issues and Challenges in Researching Indigenous Compensation Claims Sandra Pannell To cite this article: Sandra Pannell (2018) Framing the Loss of Solace: Issues and Challenges in Researching Indigenous Compensation Claims, Anthropological Forum, 28:3, 255-274, DOI: 10.1080/00664677.2018.1495059 To link to this article: https://doi.org/10.1080/00664677.2018.1495059 Published online: 10 Jul 2018. Submit your article to this journal Article views: 327 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=canf20 ANTHROPOLOGICAL FORUM 2018, VOL. 28, NO. 3, 255–274 https://doi.org/10.1080/00664677.2018.1495059 Framing the Loss of Solace: Issues and Challenges in Researching Indigenous Compensation Claims Sandra Pannella,b aSchool of Social Sciences, University of Western Australia, Perth, Australia; bCollege of Arts, Society & Education, James Cook University, Townsville, Australia ABSTRACT KEYWORDS The 2016 judgment in the ‘Timber Creek’ compensation case Compensation; emotions; (Griffiths v Northern Territory of Australia (no. 3) (2016) FCA 900) solatium; solastalgia; native signals an end to an era of extinguishment-related injustice and title; aboriginal Australia inequality, representing, as it does, the first litigated Federal Court award of compensation for the loss or impairment of rights and interests, under the 1993 Native Title Act. In this paper, I explore some of the methodological challenges and conceptual issues confronting anthropologists involved in researching compensation claims. -
Knowing and Being Known. Approaching Australian Indigenous Tourism Through Aboriginal and Non-Aboriginal Politics of Knowing, Anthropological Forum, 28(3): 275-292
PRE-COPYEDITED VERSION — PUBLISHED AS Travési, Céline 2018. Knowing and Being Known. Approaching Australian Indigenous Tourism through Aboriginal and Non-Aboriginal Politics of Knowing, Anthropological Forum, 28(3): 275-292. Downloaded from http://www.anthropologicalforum.net COPYRIGHT All rights held by TRAVESI, Céline. You need to get the author’s permission for uses other than teaching and personal research. Knowing and Being Known. Approaching Australian Indigenous Tourism through Aboriginal and non-Aboriginal Politics of Knowing Celine Travesi Aix-Marseille University, EHESS, CNRS - CREDO UMR 7308 Abstract: Based on ethnographic research conducted with Bardi and Jawi people, an Indigenous group from the Northwestern Kimberley region of Western Australia, the aim of this paper is to approach the complexities related to Indigenous tourism in Australia through the politics of knowing and not-knowing as embodied by Indigenous tour guides and non- Indigenous tourists. It examines the notion of knowing (or not knowing) and its usages by Indigenous and non-Indigenous people in the context of their tourist encounter. ‘Knowing’ represents an important aspect through which Aboriginal people and their non-Indigenous guests negotiate their interactions. In particular, the paper shows how Indigenous and non- Indigenous expectations from tourism lead actors to adopt divergent positions and to assert renewed claims in relation to knowledge or knowing, casting new light on issues of self- representation and empowerment in the domain of Indigenous tourism. Keywords: Australia, Indigenous tourism, knowing and not-knowing, self-representation PRE-COPYEDITED VERSION — Travési 2018 2 Introduction This paper analyses the complexities of Australian Indigenous-owned and -operated tourism through the lens of the politics of knowing. -
Values of Happiness: Toward an Anthropology of Purpose in Life
Values of Happiness Toward an Anthropology of Purpose in Life Edited by Iza Kavedžija and Harry Walker Afterword by Joel Robbins VALUES OF HAP P INESS Hau BOOKS Executive Editor Giovanni da Col Managing Editor Sean M. Dowdy Editorial Board Anne-Christine Taylor Carlos Fausto Danilyn Rutherford Ilana Gershon Jason Troop Joel Robbins Jonathan Parry Michael Lempert Stephan Palmié www.haubooks.com VALUES OF HAP P INESS TOWARD AN ANTHROPOLOGY OF PURPOSE IN LIFE Special Issues in Ethnographic Teory Series Edited by Iza Kavedžija and Harry Walker Hau Books Chicago © 2016 Hau Books Hau Books Special Issues in Ethnographic Teory Series (Volume 2) Te HAU Books Special Issues in Ethnographic Teory Series prints paperback versions of pathbreaking collections, previously published in HAU: Journal of Ethnographic Teory. Cover and layout design: Sheehan Moore Cover Photo © Skye Hohmann Typesetting: Prepress Plus (www.prepressplus.in) ISBN: 978-0-9861325-7-5 LCCN: 2016959208 Hau Books Chicago Distribution Center 11030 S. Langley Chicago, IL 60628 www.haubooks.com Hau Books is marketed and distributed by Te University of Chicago Press. www.press.uchicago.edu Printed in the United States of America on acid-free paper. Table of Contents List of Contributors vii introduction Values of happiness Harry Walker and Iza Kavedžija 1 chapter one Ambivalent happiness and virtuous sufering C. Jason Troop 29 chapter two Being careful what you wish for: Te case of happiness in China Charles Staford 59 chapter three Te good life in balance: Insights from aging Japan -
The Ethnographic Use of Facebook in Everyday Life
Anthropological Forum A Journal of Social Anthropology and Comparative Sociology ISSN: 0066-4677 (Print) 1469-2902 (Online) Journal homepage: https://www.tandfonline.com/loi/canf20 The Ethnographic Use of Facebook in Everyday Life Steffen Dalsgaard To cite this article: Steffen Dalsgaard (2016) The Ethnographic Use of Facebook in Everyday Life, Anthropological Forum, 26:1, 96-114, DOI: 10.1080/00664677.2016.1148011 To link to this article: https://doi.org/10.1080/00664677.2016.1148011 Published online: 17 Mar 2016. Submit your article to this journal Article views: 6489 View related articles View Crossmark data Citing articles: 9 View citing articles Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=canf20 ANTHROPOLOGICAL FORUM, 2016 VOL. 26, NO. 1, 96–114 http://dx.doi.org/10.1080/00664677.2016.1148011 INVOLVING ANTHROPOLOGY: Debating Anthropology’s Assumptions, Relevance and Future The Ethnographic Use of Facebook in Everyday Life Steffen Dalsgaard Technologies in Practice Research Group, IT University of Copenhagen, Copenhagen S, Denmark ABSTRACT KEYWORDS New social media have become indispensable to people all over the Facebook; ethnography; world as platforms for communication, with Facebook being the social media; fieldwork; most popular. Hence, platforms such as Facebook are also Papua New Guinea becoming crucial tools for ethnographers because much social life now exists ‘online’. What types of field relations stem from such social media-driven ethnography? And what kinds of data do these relations present to the ethnographer? These questions must be considered in order to understand the challenges Facebook and other social media pose to ethnographic methodology. -
Ethnoclassification, Ethnoecology and the Imagination
Ethnoclassification, Ethnoecology and the Imagination par Peter D. DWYER* RÉSUMÉ** ABSTRACT Deux trajectoires de pensée en ethnoclassification, Two trajectories of thought within ethnoclassifica- l’une associée à l’approche de Brent Berlin, l’autre à tion, one associated with the approach of Brent Berlin, l’approche de Ralph Bulmer, ont influencé les dévelop- the other with the approach of Ralph Bulmer, have pements, respectivement en anthropologie cognitive (y influenced developments within cognitive anthropology compris en psychologie évolutionniste) et en ethnoéco- (including evolutionary psychology) and ethnoecology logie. La première approche est traitée brièvement. La respectively. The former is treated briefly. The latter is deuxième est ici explorée plus en détail. Le but de explored in greater detail. The aim of ethnoecology is to l’ethnoécologie est de comprendre et d’expliquer l’éco- understand and explain ecology as experienced and, logie en tant qu’expérience vécue et, en finale, le projet ultimately, the project should reveal the diversity of devrait révéler la diversité de l’expérience écologique human ecological experience. It is argued that the ima- humaine. Il est soutenu que l’imagination est un élément gination is fundamental to those experiences. Within the fondamental de ces expériences. Dans le cadre de cette frame of that argument a model of the origin of the argumentation, un modèle de l’origine de l’imagina- imagination ¢ of the capacity for and implications of tion ¢ de la capacité et des implications de l’expression figurative expression ¢ is proposed. figurative ¢ est proposé. K: cognitive anthropology, ethnoclassifica- M- : anthropologie cognitive, ethnoclassifica- tion, ethnoecology, imagination, abduction, human tion, ethnoécologie, imagination, abduction, évolu- evolution. -
Toward a Convergence of Cognitive and Symbolic Anthropology
toward a convergence of cognitive and symbolic anthropology BENJAMIN N. COLBY-University of California, lrvine JAMES W. FERNANDEZ-Princeton University DAVID B. KRONENFELD-University of California, Riverside There is a new fermentation in social anthropology that crosses the boundaries of what have usually been seen as distinct subfields. In particular, one can envision a convergence of cognitive and symbolic anthropology. We are concerned both with the signs of con- vergence that one can already see and with the directions along which this convergence might continue. The lack of developed theory in the two subfields makes both more responsive to changing conditions which include innovations in disciplines that neighbor anthropology. as well as in cognitive and symbolic anthropology themselves. This paper ex- amines the conditions that have brought about the emergence of the two subfields as distinct groupings of anthropologists, describes the recent changes that are bringing the two closer together, and suggests future directions that may lead to a convergence and even, possibly, to a single theoretical base which is more developed and interesting than the separate formulations of earlier writings. While no such theory is advanced here, we point to the directions from which such a theory might come. separate fields of Inquiry Cognitive anthropology grows out of an enduring anthropological commitment to the analysis of native thought processes and, more particularly, to formal analyses of systems of belief and world view. Subsequently, this approach has come to rely heavily on the analysis of native terminologies and entered into a highly focused phase in the 1960s with studies of taxonomic structures and semantic features within such domains as those of kin- This review describes the conditions that have established the subfields of cognitive anthropology and symbolic anthropology as major clusterings of anthropologists. -
Mary Douglas and Institutions Dean Pierides University of Stirling D.C
Mary Douglas and Institutions Dean Pierides University of Stirling [email protected] Graham Sewell University of Melbourne [email protected] To be published in S. Clegg & M. Pina e Cunha (Eds.), Management, Organizations and Contemporary Social Theory, Routledge. Abstract We provide reasons why researchers of business and management who are interested in how institutions are related to organization would want to read and use the work of Mary Douglas. One of the central problems about which management and organization theorists still debate is the extent to which the structure of institutions and organizations determines the agency afforded to individuals. We show how Douglas makes space for a treatment of institutions that avoids the usual retreat to methodological individualism that characterises these debates. This holds out the promise of reinvigorating organisational analysis in a manner that is in step with calls for focusing on organization as a way of life and with calls for revisiting the classics. Keywords: Mary Douglas, institutions, rational agency, methodological individualism Dean Pierides is Lecturer in Business and Management at the University of Stirling, UK. He was awarded his BA from the University of Pennsylvania, and DipEd, MEd and PhD from the University of Melbourne. He was previously a visiting scholar at Copenhagen Business School and Lecturer in Organisations and Society at the University of Manchester. His research is about how organisations deal with uncertainty, with a focus on government agencies that are responsible for emergencies and disasters, whether natural, financial or otherwise. Graham Sewell is Professor of Management and Associate Dean, Research in the Faculty of Business & Economics, University of Melbourne. -
Natural Symbols
Natural Symbols There are no such things as natural symbols. Every culture natu- ralises a certain view of the human body to make it carry social meanings. This work focuses on how the selections from blood, bones, breath or excrement are made. Body symbolism is always in service to social intentions, and the body cannot be endowed with universal meanings. In this now classic work Mary Douglas shows how certain forms of social life bring forth regularly the same varieties of symbolic expression. Hierarchy treats the body as a hierarchy; sect treats it as a closed system; individualism treats it as pervasive energy. Political movements as well as religions have their rituals, medicine, ethics, educational theory, aesthetics; a huge range of judgements falls into line behind the standard cultural bias. Though Natural Symbols is a book about religion, it also concerns secular symbolism. It has stimulated new insights and provoked re-appraisals of current orthodoxies. Above all it provides a way to think beyond our cultural prejudices. As a classic, it represents a work of anthropology in its widest sense, exploring themes such as personal identity and the image of the body in society which are now very much in vogue in anthropology, sociology and cultural studies. Mary Douglas is a distinguished anthropologist. She retired as Professor of Anthropology at University College London in 1977, and taught in America until 1988. Her books include Purity and Danger (1966), Essays in the Sociology of Perception (1982), How Institutions Think (1986)