UNC Chapel Hill Department of Anthropology Volume 6 No. 1 Spring 2001 Please Send Your Email Address to <Anarchaey.Notes@Unc
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Sources on Anthropology and Law
Sources on Anthropology and Law Christopher Fennell Interdisciplinary studies in Anthropology and Law (also called “Legal Anthropology”) include the following general subject areas (among others): human rights; the clash of non-western and western cultural beliefs and related legal structures; legal pluralism in multicultural settings; rights of minorities and religious groups; criticisms of racial concepts; rights of indigenous peoples, including land claims and intellectual property rights in their cultural beliefs and knowledge; non-western and alternative methods of dispute or conflict resolution; and analysis of the cultural dynamics at play within western legal systems. Set forth below is a non-exhaustive list of books, articles, and other resources that address a number of these issues. Part I lists books and articles. Part II lists journals that publish primarily on related topics. Part III lists some internet resources, including associations, online journal archives, law and anthropology resources, and legal studies information. Please note: Sources presenting interdisciplinary studies concerning Social Norms and Law are listed in a separate bibliography. Also available online are the syllabus and a list of potential paper topics for this Anthropology and Law seminar. Other available resource lists include: Sources on Racism, Law, and Social Sciences; Sources on Social Norms and Law; and Sources on Analysis of Social Group Identities. I. Books and Articles Abel, Richard L. 1974. A Comparative Theory of Dispute Institutions in Society. 8(2) Law and Society Review 218-347. Adam, Erin M. 2017. Intersectional Coalitions: The Paradoxes of Rights-based Movement Building in LGBTQ and Immigrant Communities. 51 Law & Soc’y Rev. 132-167. -
A History of Legal Anthropology and the Next Generation of Research at the Intersection of Language, Ideology, and Power
John Curran (B.A. candidate) for Professor Joel C. Kuipers STATES OF THE ART: A History of Legal Anthropology and the Next Generation of Research at the Intersection of Language, Ideology, and Power INTRODUCTION 1. Purposes and Scope of the Paper The anthropology of law is perhaps as old as anthropology itself, tracing its origins back to Malinowski’s fieldwork in the Trobriands and, earlier, the evolutionary speculation of Sir Henry Maine. For much of its existence, legal anthropology has remained a subject without a stable center, attracting an “enormous diversity in the range of issues investigated, the theoretical orientations advocated, [and] the research methods used.”1 In this essay, I review the overall development of the anthropology of law, its leading works, and prevailing theoretical orientations through different eras. I also examine the various dominant approaches in legal anthropology today, and attempt to explain their recent convergence on an interest in the role of language in legal contexts. I will conclude by suggesting an important and promising direction for the next generation of research in legal anthropology. IN THE BEGINNING In the latter half of the nineteenth century, as public interest in human evolution was beginning to take hold, a diverse assortment of professional academics and amateur 1 Danet (1990:538), “Language and the Law: An Overview of 15 Years of Research,” in Handbook of Language and Social Psychology, Giles & Robinson, eds., (London: Wiley); See also Twining 1964:34-35, (“…the enormous diversity of purpose, method[,] and emphasis of different writers.”) See also Moore (1970:270) cited in Comaroff & Roberts (1981) at 3. -
Blackwell Companion to the Anthropology of Politics
1 Blackwell Companion to the Anthropology of Politics Human Rights Richard A. Wilson [email protected] I. Human Rights, Cultural Relativism and the Cold War In the middle of the twentieth century, cultural anthropology was largely hostile to the notion of human rights, but by the end of the twentieth century, the study of human rights had become a significant strand within political anthropology. This is an account of that realignment of the place of rights in the discipline from marginality to mainstream. The key to understanding anthropology's historical opposition to human rights lies in the centrality of the concept of 'culture' and the resultant adherence to a moral-ethical position of cultural relativism within the discipline during the Cold War period of 1945-1989. In the United States by the 1940s, cultural anthropology was becoming established in universities as one of the youngest of the social sciences. The founding father of modern cultural anthropology in the US was a German emigré Franz Boas (1859-1941), who carried out empirical research among Inuit (Eskimos) and North American Indians. Boas reacted against the widely accepted evolutionary theories of the time, advocated by those such as the British anthropologist Edward Tylor, the sociologist Hebert Spencer and Lewis Henry Morgan who in turn influenced Karl Marx and Friedrich Engels. Evolutionism broadly asserted that all societies progressed in a unilinear fashion along a scale from the most 'simple' to the most 'complex', with each stage achieving a higher level of moral and societal improvement. In the context of the European colonialism of the time, this social evolutionism involved an explicit ranking of societies which reinforced the colonial project and a sense of western superiority. -
Working Paper 7: Hilmar Schäfer, Current Issues in Practice Theory ([email protected]) August 2014
Please Note: The following working paper was presented at the workshop “Demanding ideas: where theories of practice might go next” held 18-20 June 2014 in Windermere, UK. The purpose of the event was to identify issues and topics that constitute ‘unfinished business’ for people interested in social theories of practice and in the relevance of such ideas for the DEMAND Research Centre. This working paper should not be quoted without first asking the author’s permission. Working Paper 7: Hilmar Schäfer, Current issues in practice theory ([email protected]) August 2014 In order to generate ideas for future developments in practice theory, I would like to start by identifying some of its strengths and weaknesses at the outset. Practice theory’s most important value lies in the decentring of common sociological approaches towards the social. It is concerned with overcoming traditional dichotomies like the separation between society and the individual, culture and the material or thinking and acting. In line with that, it rejects essentialist beliefs and instead advocates a view according to which contextual relations determine identity. By focusing on practices instead of individuals or structure, practice theory offers a relational perspective on the social which parts with monocausal explanations of action. Similar to interpretive approaches, practice theory emphasizes the local production of the social, but it asserts that no situation can exist for itself and that the analysis thus cannot be centred around situational interaction alone. In this regard, it distinguishes itself from the interactionist stance. Rather, the identity of practices, subjects or material things is determined in contexts, which transcend any given situation and which constitute identity in relation to other occurring practices, in relation to the past as well as to different sites. -
Sociology Teaching and Learning Guide
Sociology Teaching and Learning Guide Overview Sociology is the rigorous and methodical study of society. Sociologists investigate the structure of groups, organisations, and societies, and how people interact in various contexts. Anthony Giddens (2013) offers the following definition: Sociology is the study of human social life, groups and societies. It is a dazzling and compelling enterprise, having as its subject matter our own behaviour as human beings. The scope of sociology is extremely wide, ranging from the analysis of passing encounters between individuals in the street up to the investigation of global social processes. The scope of sociology is extremely wide and may encompass a multitude of topic areas and theoretical perspectives. For instance, sociologists are interested in everything from the fleeting interactions of people in everyday life, to gender representations in the media, to large social processes such as globalisation and migration. As such, sociology may be said to be the broadest of social science disciplines and in many ways complements other disciplines such as anthropology, psychology, geography, history and political science, and even subjects like art and literature. While aiming for scientific objectivity, sociologists generally acknowledge that sociology cannot be viewed as a wholly dis-interested enterprise. Being conducted by people already involved in what they study (i.e. society), sociologists acknowledge that values, morals and political perspectives are intertwined with the ‘science of society’. Scientific objectivity and rigour is thus a guiding ideal, but it is recognised that no one has a ‘God’s-eye view’ of reality and sociology is an interpretive undertaking. Rationale Why study sociology? By studying sociology, students develop a critical awareness and understanding of social issues in both local and global contexts. -
Systems Theory
1 Systems Theory BRUCE D. FRIEDMAN AND KAREN NEUMAN ALLEN iopsychosocial assessment and the develop - nature of the clinical enterprise, others have chal - Bment of appropriate intervention strategies for lenged the suitability of systems theory as an orga - a particular client require consideration of the indi - nizing framework for clinical practice (Fook, Ryan, vidual in relation to a larger social context. To & Hawkins, 1997; Wakefield, 1996a, 1996b). accomplish this, we use principles and concepts The term system emerged from Émile Durkheim’s derived from systems theory. Systems theory is a early study of social systems (Robbins, Chatterjee, way of elaborating increasingly complex systems & Canda, 2006), as well as from the work of across a continuum that encompasses the person-in- Talcott Parsons. However, within social work, sys - environment (Anderson, Carter, & Lowe, 1999). tems thinking has been more heavily influenced by Systems theory also enables us to understand the the work of the biologist Ludwig von Bertalanffy components and dynamics of client systems in order and later adaptations by the social psychologist Uri to interpret problems and develop balanced inter - Bronfenbrenner, who examined human biological vention strategies, with the goal of enhancing the systems within an ecological environment. With “goodness of fit” between individuals and their its roots in von Bertalanffy’s systems theory and environments. Systems theory does not specify par - Bronfenbrenner’s ecological environment, the ticular theoretical frameworks for understanding ecosys tems perspective provides a framework that problems, and it does not direct the social worker to permits users to draw on theories from different dis - specific intervention strategies. -
The Practical Turn' David G
8 The Practical Turn' David G. Stern What is Practice Theory? What is a Practice? What is "practice theory"? The best short answer is that it is any theory that treats practice as a fundamental category, or takes practices as its point of departure . Naturally, this answer leads to further questions . What is meant by "practices" here? What is involved in taking practices as a point of departure or a fundamental category, and what does that commitment amount to? And what is the point of the contrast between a practice-based theory and one that starts elsewhere? Perhaps the most significant point of agreement among those who have taken the practical turn is that it offers a way out of Procustean yet seemingly inescap- able categories, such as subject and object, representation and represented, con- ceptual scheme and content, belief and desire, structure and action, rules and their application, micro and macro, individual and totality . Instead, practice the- orists propose that we start with practices and rethink our theories from the ground up. Bourdieu, for instance, insists that only a theory of practice can open up a way forward : Objective analysis of practical apprehension of the familiar world . teaches us that we shall escape from the ritual either/or choice between objectivism and subjectiv- ism in which the social sciences have so far allowed themselves to be trapped only if we are prepared to inquire into the mode of production and functioning of the practical mastery which makes possible both an objectively intelligible practice and also an objectively enchanted experience of that practice . -
Ethnomusicology a Very Short Introduction
ETHNOMUSICOLOGY A VERY SHORT INTRODUCTION Thimoty Rice Sumário Chapter 1 – Defining ethnomusicology...........................................................................................4 Ethnos..........................................................................................................................................5 Mousikē.......................................................................................................................................5 Logos...........................................................................................................................................7 Chapter 2 A bit of history.................................................................................................................9 Ancient and medieval precursors................................................................................................9 Exploration and enlightenment.................................................................................................10 Nationalism, musical folklore, and ethnology..........................................................................10 Early ethnomusicology.............................................................................................................13 “Mature” ethnomusicology.......................................................................................................15 Chapter 3........................................................................................................................................17 Conducting -
197 Social Anthropology with Aboriginal Peoples In
SÉRIE ANTROPOLOGIA 197 SOCIAL ANTHROPOLOGY WITH ABORIGINAL PEOPLES IN CANADA: FIRST IMPRESSIONS Stephen Grant Baines (English version of Série Antropologia 196) Brasília 1996 SOCIAL ANTHROPOLOGY WITH ABORIGINAL PEOPLES IN CANADA: FIRST IMPRESSIONS Stephen G. Baines1 Research survey in Canada I carried out a preliminary research survey of five weeks duration - July and August 1995 - in some of the principal academic centres of anthropology with aboriginal peoples in Canada, financed with a Faculty Research Scholarship from the Canadian Ministry of Foreign Affairs and a research grant from the Brazilian National Research Council (CNPq). I refer to my stay in Canada as a preliminary research survey, since such a short stay could not be classified as research. In this paper I in no way aim to outline a history of the discipline, a task already done by many Canadian anthropologists, and which I am by no means qualified to do, but merely comment on my first impressions from an outsider perspective, and try to piece together and juxtapose some of the viewpoints of anthropologists interviewed. I visited the departments of anthropology at the Université de Montréal and McGill University in Montreal, Laval University in Quebec city, the University of Waterloo and the University of Toronto, in Ontario, and also visited Ottawa. From Toronto, I travelled by coach across Canada to British Columbia, where I made short visits to the university Program of First Nation Studies of the Secwepemc (Shuswap) Cultural Education Society and Simon Fraser University (SCES/SFU), in Kamloops; the Shuswap reserves of Adam's Lake and Skeetchestn; the University of Northern British Columbia (UNBC) in Prince George; the Witsuwit'en reserve of Moricetown; the University of British Columbia (UBC) and Simon Fraser University in Vancouver; as well as Victoria, capital of BC. -
The Decline of Marriage in Namibia Kinship and Social Class in a Rural Community
From: Julia Pauli The Decline of Marriage in Namibia Kinship and Social Class in a Rural Community January 2019, 296 p., pb., numerous partly col. ill. 44,99 € (DE), 978-3-8376-4303-9 E-Book: PDF: 44,99 € (DE), ISBN 978-3-8394-4303-3 In Southern Africa, marriage used to be widespread and common. However, over the past decades marriage rates have declined significantly. Julia Pauli explores the mean- ing of marriage when only few marry. Although marriage rates have dropped sharply, the value of weddings and marriages has not. To marry has become an indicator of up- per-class status that less affluent people aspire to. Using the appropriation of marriage by a rural Namibian elite as a case study, the book tells the entwined stories of class formation and marriage decline in post-apartheid Namibia. Julia Pauli is Professor of Social and Cultural Anthropology at the University of Ham- burg, Germany. Her main research interests are gender and kinship studies, transna- tional migration, and class formation processes. She has conducted extensive ethno- graphic fieldwork in Mexico (since 1995) and Namibia (since 2003). For "Anthropology Southern Africa" she co-edited a special issue on continuity and change in Southern African marriages with Rijk van Dijk (2016/2017). For further information: www.transcript-verlag.de/en/978-3-8376-4303-9 © 2019 transcript Verlag, Bielefeld Content List of tables | vii List of figures | viii Acknowledgements | ix Credits | xii Introduction | 15 Anna’s wedding | 15 Social class and class distinctions | 18 Theorizing -
Swedish Anthropology: Past and Present Ulf Hannerz | Professor Emeritus of Social Anthropology, Stockholm University
kritisk etnografi – Swedish Journal of Anthropology VOL. 1, NO. 1, 55-68 URN: URN:NBN:SE:UU:DIVA-355995 Swedish Anthropology: Past and Present Ulf Hannerz | Professor Emeritus of Social Anthropology, Stockholm University I have been in Swedish anthropology, and what went before it, for well over half a century now. What follows is an assemblage of recollections, opinions and attempted overview.1 It was the early 1960s. I was nineteen, an undergraduate newcomer at Stockholm University, and without definite plans for how I would spend my life. But I had become interested in Africa – a “wind of change” was blowing through the continent, as one British prime minister commented when he witnessed a large part of the Empire turning independent. What could I do at the university to satisfy my curiosity? Not much, it seemed. In the early 1960s, the human sciences at Swedish universities were mostly complacently inward-turning, occasionally concerning themselves with European themes, casting a glance toward North America mostly as it related to Swedish emigration as a topic in history, but certainly not paying much attention to the rest of the world. So I decided to spend a term taking the introductory course, and whatever else might be on offer, in the discipline known as General and Comparative Ethnography. (The term “anthropology” was at the time officially connected only to “physical anthropology,” a quaint one-man enterprise in a back alley of Swedish academic life, engaging in skull measurements and self-publishing text books.) I believe there were twelve of us taking the course. Beyond a sort of academic legitimation, however, this did not offer much of a response to my kind of African interests either. -
Co-Laborative Anthropology Crafting Reflexivities Experimentally
Secondary publication on the edoc server of the Humboldt-Universität zu Berlin Chapter in an edited volume Co-laborative anthropology Crafting reflexivities experimentally Jörg Niewöhner∗ 2016 This is the submitted, english-language manuscript (preprint) of the published chap- ter in an edited volume as follows: Title Yhteistyöstävä Antropologia [Co-laborative anthropology] Subtitle Kuinka edistää refleksiivisyyttä kokeellisesti [Crafting reflex- ivities experimentally] Author Niewöhner, Jörg Date of publication 2016 Title of the edited volume Etnologinen tulkinta ja analyysi: Kohti avoimempaa tutkimus- prosessia [Ethnological interpretation and analysis: Towards a transparent research process] Editors Jouhki, Jukka; Steel, Tytti Pages 81–125 Publisher Ethnos ∗[email protected]; ORCiD: 0000-0002-9034-9761 CO-LABORATIVE ANTHROPOLOGY: CRAFTING REFLEXIVITIES EXPERIMENTALLY Jörg Niewöhner The Finnish translation of this piece has been published in: Jukka Jouhki and Tytti Steel (2016) Ethnologinen tulkinta ja analyysi. Kohti avoimempaa tutkimusprosessia. Ethnos, Helsinki: 81-125. Introduction: why co-laborate? Anthropology is concerned with liVed sociality, i.e. humans liVing in groups. It wants to understand how humans arrange themselVes within particular environments as well as the dynamics of these arrangements. This is a straightForward research question – and a grand challenge. It is particularly grand For social and cultural anthropologists considering that they tend to work alone with little more support than a Field notebook and a pencil. It is thus perhaps disciplinary prudence that most practitioners of anthropology today consider addressing this question futile if not dangerous. The history of anthropology shows how attempts at grand explanations or narratiVes remain contingent and ethically disputable. Practitioners Feel more comFortable in their respectiVe specialty niches.