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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. 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. Adam, Erin M., and Betsy L. Cooper. 2017. Equal Rights vs. Special Rights: Rights Discourses, Framing, and Lesbian and Gay Antidiscrimination Policy in Washington State. 42 Law & Soc. Inquiry 830-854. Adside, Charles III. 2017. Constitutional Damage Control: Same-sex Marriage, Smith’s Hybrid Rights Doctrine, and Protecting the Preacher Man after Obergefell. 27 Geo. Mason U. Civ. Right L. J. 145-205. Akbar, Na’im. 1984. Africentric Social Sciences for Human Liberation. 14(4) Journal of Black Studies 395-414. Reprinted in Sack and Aleck, eds., 1992, 367-86. 1 Alvarez, Alicia, Susan Bennett, Louise Howells, and Hannah Lieberman. 2017. Teaching and Practicing Community Development Poverty Law: Lawyers and Clients as Trusted Neighborhood Problem Solvers. 23 Clinical L. Rev. 577-610. Ammar, Jamil, and Songhua Xu. 2016. Yesterday's Ideology Meets Today's Technology: A Strategic Prevention Framework for Curbing the Use of Social Media by Radical Jihadists. 26 Alb. L.J. Sci. & Tech. 235-322. Amsterdam, Anthony, and Jerome Bruner. 2000. Minding the Law. Cambridge: Harvard University Press. An-Na’im, Abdullahi Ahmed. 1992. Human Rights in Cross-Cultural Perspectives: A Quest for Consensus. Philadelphia: Temple University Press. Anleu, Sharyn L. R. 2000. Law and Social Change. London: Sage Publications. Appiah, K. Anthony. 1994. Identity, Authenticity, Survival: Multicultural Societies and Social Reproduction. In Multiculturalism. Amy Gutman, ed. Princeton, NJ: Princeton University Press. Appleman, Laura I. 2017. Local Democracy, Community Adjudication, and Criminal Justice. 111 Northwestern U. Law Rev. 1413-1427. Aromand, Said Amir. 1989. Constitution-Making in Islamic Iran: The Impact of Theocracy on the Legal Order of a Nation-State. In Starr & Collier, eds., 1989, 113-30. Assies, Willem, Gemma van der Haar, and Andre Hoeckema, eds., 1999. The Challenge of Diversity: Indigenous Peoples and Reform of the State in Latin America. Amsterdam: Thela- Thesis. Aubert, Vilhelm. 1969. Law as a Way of Resolving Conflicts: The Case of a Small Industrialized Society. In Nader, ed., 1969, 282-303. Aubert, Vilhelm. 1989. Law and Social Change in Nineteenth-Century Norway. In Starr & Collier, eds., 1989, 55-80. Auerbach, J. S. 1983. Justice without Law? New York: Oxford University Press. Azizi, Penney P. 2017. Note. The Reproducibility of Evolving Social Science Evidence and How it Shapes Equal Protection Jurisprudence. 44 Hastings Const. L.Q. 433-453. Banakar, Reza, and Max Travers, eds. 2002. An Introduction to Law and Social Theory. Portland: Hart Publishing. Barkodar, Jasmine H. 2017. Note. Gay Marriage is Legalized, Now What? Discriminatory Adoption Regulations. 26 S. Cal. Rev. L. & Soc. Just. 131-154. 2 Bell, C., and R. Paterson. 1999. Aboriginal Rights to Cultural Property in Canada. International Journal of Cultural Property 8(1): 167-211. Bell, Diane. 1992. Considering Gender: Are Human Rights for Women, Too? An Australian Case. In An-Na’im, ed., 1992, 339-62. Benda-Beckman, F. von. 1997. Citizens, Strangers, and Indigenous Peoples: Conceptual Politics and Legal Pluralism. 9 Law and Anthropology: International Yearbook for Legal Anthropology 1-42. Biolsi, Thomas. 2001. Deadliest Enemies: Law and the Making of Race Relations on and off Rosebud Reservation. Berkeley: University of California Press. Black, Donald J. 1972. The Boundaries of Legal Sociology. 81 Yale Law Journal 1086-1100. Reprinted in Rokumoto, ed., 1994, 31-46. Blackwood, Evelyn. 2014. Language and Non-Normative Gender and Sexuality in Indonesia. In Queer Excursions: Retheorizing Binaries in Language, Gender, and Sexuality, edited by Lal Zimman, Jenny L. Davis, and Joshua Raclaw, pp. 81-100. New York: Oxford University Press. Bisharat, George E. 1989. Palestinian Lawyers and Israeli Rule: Law and Disorder in the West Bank. Austin: University of Texas Press. Black, Donald. 1981. The Relevance of Legal Anthropology. 10 Contemporary Sociology 43-46. Blok, Anton. 1989. The Symbolic Vocabulary of Public Executions. In Starr & Collier, eds., 1989, 31-54. Bohannan, Paul. 1957. Justice and Judgment Among the Tiv. London: Oxford Univ. Press. Bohannan, Paul. 1965. The Differing Realms of Law. 67(6) American Anthropologist pt. 2, 33- 42. Reprinted in Rokumoto, ed., 1994, 185-94. Bohannan, Paul. 1969. Ethnography and Comparison in Legal Anthropology. In Nader, ed., 1969, 401-18. Boissevain, Jeremy and Hanneke Grotenberg. 1989. Entrepreneurs and the Law: Self-employed Surinamese in Amsterdam. In Starr & Collier, eds., 1989, 223-51. Boles, Anastasia M. 2017. Seeking Inclusion from the Inside Out: Towards a Paradigm of Culturally Proficient Legal Education. 11 Charleston L. Rev. 209-269. Born, Georgina. 1996. (Im)materiality and Sociality: The Dynamics of Intellectual Property in a Computer Software Research Culture. 4 Social Anthropology 101-16. Reprinted in Mundy, ed., 2002, 547-62. Bourdieu, Pierre. 1987. The Force of Law: Toward a Sociology of the Juridical Field. 3 38 Hastings Law Review 805-53. Reprinted in Mundy, ed., 2002, 109-58. Brenneis, D. 1988. Language and Disputing. 17 Annual Review of Anthropology 221-37. Brown, Michael F. 1998. Can Culture be Copyrighted? 39 Current Anthropology 193-222. Reprinted in Mundy, ed., 2002, 517-46. Brown, Michael F. 2003. Who Owns Native Culture? Cambridge, MA: Harvard University Press. Brown, Michael F. 2005. Heritage Trouble: Recent Work on the Protection of Intangible Cultural Property. International Journal of Cultural Property 12(1): 40-61. Bruning, S. 2006. Complex Legal Legacies: The Native American Graves Protection and Repatriation Act, Scientific Study, and Kennewick Man. American Antiquity 71(3): 501-522. Brush, S. B., and D. Stabinsky, eds. 1996. Valuing Local Knowledge: Indigenous People and Intellectual Property Rights. Covelo, CA: Island Press. Buckingham, Alexandra. 2016. Note. Considering Cultural Communities in Contract Interpretation. 9 Drexel L. Rev. 129-160. Bussey, Barry W. 2016. Rights Inflation: Attempts to Redefine Marriage and the Freedom of Religion. 29 Regent U. L. Rev. 197-257. Caplan, Pat, ed. 1995. Understanding Disputes: The Politics of Argument. Oxford: Berg. Carpenter, Eric R. 2017. Patriarchy, not Hierarchy: Rethinking the Effect of Cultural Attitudes in Acquaintance Rape Cases. 68 Hastings L. J. 225-258. Chambers, David L. 2002. Civilizing the Natives: Customary Marriage in Post-Apartheid South Africa. In Engaging Cultural Difference: The Multicultural Challenge in Liberal Democracies, edited by Richard A. Shweder, Martha Minow, and Hazel Rose Markus, pp. 81-98. New York: Russell Sage Foundation. Chang, Adam R., and Stephanie M. Wildman. 2017. Gender In/Sight: Examining Culture and Constructions of Gender. 18 Geo. J. Gender & L. 43-79. Chanock, Martin. 1985. Law, Custom and Social Order: The Colonial Experience in Malawi and Zambia. New York: Cambridge University Press. Chapman, Nathan S. 2017. Adjudicating Religious Sincerity. 92 Washington Law Review 1185- 1254. Chiba, Masaji. 1989. Three Dichotomies of Law in Pluralism, in Legal Pluralism: Toward a General Theory through Japanese Legal Culture, 171-180. Tokyo: Tokai University Press. Reprinted in Sack and Aleck, eds., 1992, 415-24. 4 Chiu, Daina C. 1994. The Cultural Defense: Beyond Exclusion, Assimilation, and Guilty Liberalism. California Law Review 82(4): 1053-1125. Chunn, Dorothy, and Dany Lacombe, eds. 2000. Law as a Gendering Practice. New York: Oxford University Press. Cohan, John A. 2009. Honor Killings and the Cultural Defense. California Western International Law Journal 40(2): 177-252. Cohen, Jane M., and Caroline Bledsoe. 2002. Immigrants, Agency, and Allegiance: Some Notes from Anthropology and from Law. In Engaging Cultural Difference: The Multicultural Challenge in Liberal Democracies, edited by Richard A. Shweder, Martha Minow, and Hazel Rose Markus, pp. 99-127. New York: Russell Sage Foundation. Cohn, Bernard. 1989. Law and the Colonial State in India. In Starr & Collier,
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