Sources on Anthropology and Law

Total Page:16

File Type:pdf, Size:1020Kb

Load more

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.

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.

1

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.

Allen, Lori A. 2009. Martyr Bodies in the Media: Human Rights, Aesthetics, and the Politics of Immediation in the Palestinian Intifada. American Ethnologist 36(1): 161-180.

Allen, Lori A. 2013. The Rise and Fall of Human Rights: Cynicism and Politics in Occupied

Palestine. Stanford, CA: Stanford University Press. Allen, Stephen, and Alexandra Xanthaki, eds. 2011. Reflections on the UN Declaration on the

Rights of Indigenous Peoples. Oxford, UK: Hart Publishing.

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.

Anaya, James. 1996. Indigenous Peoples in International Law. Oxford, UK: Oxford 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. Aoki, Keith. 1998. Neocolonialism, Anti-Commons Property, and Biopiracy in the (Not-SoBrave) New World Order of International Property Protection. Indiana Journal of Global Legal

Studies 6(1): 11-58.

Anderson, Samantha. 2016. Note. Do as I Say, Not as I Do: Inconsistencies in International Cultural Property Repatriation. 24 Cardozo J. Int'l & Comp. L. 315-349.

Appadurai, Arjun. 2004. The Capacity to Aspire: Culture and the Terms of Recognition. In Culture and Public Action, edited by Vijayendra Rao and Michael Walton, pp. 59-84. Stanford, CA: Stanford University Press.

Appiah, K. Anthony. 1994. Identity, Authenticity, Survival: Multicultural Societies and Social Reproduction. In Multiculturalism. Amy Gutman, ed. Princeton, NJ: Princeton University Press.

2

Appleman, Laura I. 2017. Local Democracy, Community Adjudication, and Criminal Justice.

111 Northwestern U. Law Rev. 1413-1427. Arendt, Hannah. 1963. Eichmann in Jerusalem: A Report on the Banality of Evil. New York:

Viking Press. Arias, Enrique Desmond, and Daniel M. Goldstein, eds. 2010. Violent Democracies in Latin America. Durham, NC: Duke University Press.

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.

Asdar Ali, Kamran. 2010. Voicing Difference: Gender and Civic Engagement among Karachi's

Poor. Current Anthropology 51(S2): S313-S320.

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. Awan, Rachel. 2014. Native American Oral Traditional Evidence in American Courts: Reliable Evidence or Useless Myth? 118 Penn State L. Rev. 697.

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.

Babcock, Hope M. 2012. “[This] I Know From My Grandfather:” The Battle for Admissibility of

Indigenous Oral History as Proof of Tribal Land Claims, 37 Am. Indian L. Rev. 19, 32 (2012- 2013).

Balkin, Jack M. 2016. Cultural Democracy and the First Amendment. 110 Nw. U. L. Rev. 1053- 1095.

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.

3

Barnes, Mario L. 2015. Foreword: Criminal Justice for Those (Still) at the Margins -- Addressing Hidden Forms of Bias and the Politics of which Lives Matter. 5 University of California Irvine L. Rev. 711-733. The Interplay of Race, Gender, Class, Crime and Justice. 5 University of California Irvine L. Rev. 711-943 (collection of articles).

Bass, Gary. 2000. Stay the Hand of Vengeance: The Politics of War Crimes Tribunals. Princeton,

NJ: Princeton University Press. Beckman, Ludvig, and Eva Erman, eds. 2012. Territories of Citizenship. London: Palgrave Macmillan.

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.

Bell, Lynda S. 2001. Who Produces Asian Identity? Discourse, Discrimination, and Chinese Peasant Women in the Quest for Human Rights. In Negotiating Culture and Human Rights, edited by Lynda S. Bell, Andrew J. Nathan, and Ilan Peleg, pp. 21-42. New York: Columbia University Press.

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. 1995. Bringing the Law Back In: Legal Rights and the Regulation of IndianWhite Relations on Rosebud Reservation. Current Anthropology 36(4): 543-571.

Biolsi, Thomas. 2001. Deadliest Enemies: Law and the Making of Race Relations on and off

Rosebud Reservation. Berkeley: University of California Press. Biolsi, Thomas. 2005. Imagined Geographies: Sovereignty, Indigenous Space, and American Indian Struggle. American Ethnologist 32(2): 239-259.

Black, Donald J. 1972. The Boundaries of Legal Sociology. 81 Yale Law Journal 1086-1100. Reprinted in Rokumoto, ed., 1994, 31-46.

Blackburn, Carole. 2007. Producing Legitimacy: Reconciliation and the Negotiation of

Aboriginal Rights in Canada. Journal of the Royal Anthropological Institute 13(3): 621-638.

Blackburn, Carole. 2009. Differentiating Indigenous Citizenship: Seeking Multiplicity in Rights, Identity, and Sovereignty in Canada. American Ethnologist 36(1): 66-78.

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.

4

Blake, Michael. 2013. Shame, Memory, and the Unspeakable: The International Criminal Court as Damnatio Memoriae. 50 San Diego L. Rev. 905-929.

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.

Borras, Saturino M., and Jennifer Franco. 2010. Contemporary Discourses and Contestations around Pro-Poor Land Policies and Land Governance. Journal of Agrarian Change 10(1): 1-32.

Borras, Saturino M., Ruth Hall, Ian Scoones, Ben White, and Wendy Wolford. 2011. Towards a Better Understanding of Global Land Grabbing: An Editorial Introduction. Journal of Peasant

Studies 38(2): 209-216.

Bourdieu, Pierre. 1987. The Force of Law: Toward a Sociology of the Juridical Field. 38 Hastings Law Review 805-53. Reprinted in Mundy, ed., 2002, 109-58.

Bowen, John. 2003. Islam, Law and Equality in Indonesia: An Anthropology of Public

Reasoning. Cambridge, UK: Cambridge University Press.

Bowen, John. 2007. Why the French Don't Like Headscarves: Islam, the State, and Public Space.

Princeton, NJ: Princeton University Press.

Bowen, John. 2010. Can Islam Be French? Pluralism and Pragmatism in a Secularist State.

Princeton, NJ: Princeton University Press.

5

Bowen, John. 2016. On British Islam: Religion, Law, and Shari'a Councils. Princeton, NJ: Princeton University Press.

Braithwaite, John. 1991. Poverty, Power, White-Collar Crime and the Paradoxes of

Criminological Theory. Australian & New Zealand Journal of Criminology 24(1): 40-58.

Bremmer, Ian. 1995. Review of Ethnonationalism: The Quest for Understanding. Slavic Review 54(4): 1132-1134.

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.

Brumann, Christoph. 2014. Shifting Tides of World-Making in the UNESCO World Heritage Convention: Cosmopolitans Colliding. Ethnic and Racial Studies 37(12): 2176-2192.

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.

Brunnegger, Sandra. 2016. The Craft of Justice-Making: The Permanent Peoples' Tribunal in

Colombia. In A Sense of Justice: Legal Knowledge and Lived Experience in Latin America,

edited by Sandra Brunnegger and Karen Faulk, pp. 123-146. Stanford, CA: Stanford University Press.

Brunnegger, Sandra, and Karen Faulk, eds. 2016. A Sense of justice: Legal Knowledge and Lived

Experience in Latin America. Stanford, CA: Stanford University Press.

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.

Buckler, Sal. 2007. Same Old Story? Gypsy Understandings of the Injustices of Non-Gypsy

Justice. In Paths to International Justice: Social and Legal Perspectives, edited by Marie

Benedicte Bunikowski, Dawid. 2013. Indigenous Peoples, Their Rights and Customary Laws in the North:

The Case of the Sámi People, 43 Nordica Geographical Publications 75.

6

Burnet, Jennie E. 2011. (In)Justice: Truth, Reconciliation, and Revenge in Rwanda’s Gacaca, In

Transitional Justice: Global Mechanisms and Local Realities after Genocide and Mass Violence,

edited by Alexander L. Hinton, pp. 95-118. New Brunswick, NJ: Rutgers University Press. Burrell, Jennifer. 2010. In and Out of Rights: Security, Migration, and Human Rights Talk in

Postwar Guatemala. Journal of Latin American and Caribbean Anthropology 15(1): 90-115.

Dembour and Tobias Kelly, pp. 243-261. Cambridge, UK: Cambridge University Press. Bussey, Barry W. 2016. Rights Inflation: Attempts to Redefine Marriage and the Freedom of

Religion. 29 Regent U. L. Rev. 197-257. Cabot, Heath. 2014. On the Doorstep of Europe: Asylum and Citizenship in Greece.

Philadelphia: University of Pennsylvania Press.

Caldeiro, Teresa. 2001. City of Walls: Crime, Segregation, and Citizenship in Sao Paulo.

Berkeley: University of California Press.

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.

Cassar, Alessandra, Giovanna d'Adda, and Pauline Grosjean. 2014. Institutional Quality, Culture, and Norms of Cooperation: Evidence from Behavioral Field Experiments. 57 J. L. & Econ. 821- 863.

Chamallas, Martha. 2014. Social Justice Feminism: A New Take on Intersectionality. 2014 Freedom Center J. 11-19. A Symposium on Social Justice Feminism. 2014 Freedom Center J. 1- 162 (collection of articles).

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.

Chesterman, Simon. 2001. Just War or just Peace? Humanitarian Intervention and International

Law. Oxford, UK: Oxford University Press.

7

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. Chiu, Daina C. 1994. The Cultural Defense: Beyond Exclusion, Assimilation, and Guilty

Liberalism. California Law Review 82(4): 1053-1125.

Christen, Kimberly. 2006. Tracking Properness: Repackaging Culture in a Remote Australian

Town. Cultural Anthropology 21(3): 416-446.

Chunn, Dorothy, and Dany Lacombe, eds. 2000. Law as a Gendering Practice. New York: Oxford University Press.

Clarke, Kamari Maxine. 2009. Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa. Cambridge, UK: Cambridge University

Press. Clarke, Kamari Maxine, and Mark Goodale, eds. 2010. Mirrors of justice: Law and Power in the Post-Cold War Era. New York: Cambridge University Press.

Clarke, Morgan. 2012. The Judge as Tragic Hero: Judicial Ethics in Lebanon's Shari'a Courts.

American Ethnologist 39(1): 106-121.

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, eds., 1989, 131-52.

Coleman, Doriane L. 1996. Individualizing Justice Through MultiCulturalism: The Liberal’s

Dilemma. Columbia Law Review 96(5): 1093-1167.

Collier, George A. 1989. The Impact of the Second Republic Labor Reforms in Spain. In Starr & Collier, eds., 1989, 201-22.

Collier, Jane F. 1973. Law and Social Change in Zincantan. Palo Alto: Stanford University Press.

Collier, Jane F. 1975. Legal Processes. 4 Annual Review of Anthropology 121-44. Collier, Jane F., Bill Maurer, and Liliana Suárez-Navaz. 1995. Sanctioned Identities: Legal Constructions of Modern Parenthood. 2 Identities 1-27. Reprinted in Mundy, ed., 2002, 211-38.

8

Columb, Sean. 2017. Disqualified Bodies: A Sociolegal Analysis of the Organ Trade in Cairo,

Egypt. 51 Law & Soc’y Rev. 282-312.

Colvin, Eric. 1978. The Sociology of Secondary Rules. 28 University of Toronto Law Journal 195-214. Reprinted in Rokumoto, ed., 1994, 195-214.

Comaroff, John L., and Simon A. Roberts. 1981. Rules and Processes: The Cultural Logic of Dispute in an African Context. Chicago: Univ. of Chicago Press.

Commission for Intellectual Property Rights. 2002. Final Report: Commission for Intellectual

Property Rights: Integrating Intellectual Property Rights and Development Policy (consulted

April 2002): http://www.iprcommission.org. Conklin, Beth A. 2002. Shamans v. Pirates in the Amazonian Treasure Chest. 104 American

Anthropologist 1050-61.

Conley, John M., and William O’Barr. 1985. Litigant Satisfaction versus Legal Adequacy in Small Claims Court Narratives. Law and Society Review 19(4): 661-702.

Conley, John M., and William M. O’Barr. 1990. Rules Versus Relationships: The Ethnography

of Legal Discourse. Chicago: Univ. of Chicago Press. Conley, John M., and William M. O’Barr. 1993. Legal Anthropology Comes Home: A Brief History of the Ethnographic Study of Law. 27 Loyola of Los Angeles Law Review 41.

Conley, John M., and William M. O’Barr. 1998. Just Words: Law, Language, and Power. Chicago: University of Chicago Press.

Conley, John M., and William M. O’Barr. 2003. Back to the Trobriands: The Enduring Influence of Malinowski’s “Crime and Custom in Savage Society.” 27 Law and Social Inquiry 847-874.

Conley, John M., and William O’Barr. 2004. A Classic in Spite of Itself: “The Cheyenne Way”

and the Case Method in Legal Anthropology. Law and Social Inquiry 29(1): 179- 217. Coombe, Rosemary. 1989. Toward a Theory of Practice in Critical Legal Studies. 1989 Law and

Social Inquiry 69. Coombe, Rosemary. 1998. The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law. Durham: Duke University Press.

Cooter, Robert. 1995. Law and Unified Social Theory. 22 Journal of Law and Society 50. Cotterrell, Roger. 1983. The Sociological Concept of Law. 10 Journal of Law and Society 241- 55. Reprinted in Rokumoto, ed., 1994, 3-18.

Cotterrell, Roger. 1995. Law ’ s Community: Legal Theory in Sociological Perspective. New

York: Oxford University Press.

9

Coutin, Susan B. 1993. The Culture of Protest: Religious Activism and the U.S. Sanctuary

Movement. Boulder: Westview Press. Coutin, Susan B. 1994. Enacting Law through Social Practice: Sanctuary as a Form of

Recommended publications
  • A History of Legal Anthropology and the Next Generation of Research at the Intersection of Language, Ideology, and Power

    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.
  • 197 Social Anthropology with Aboriginal Peoples In

    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.
  • Legal Anthropology and the Politics of Autonomy in Tort Law

    Legal Anthropology and the Politics of Autonomy in Tort Law

    The University of New Hampshire Law Review Volume 11 Number 2 University of New Hampshire Law Article 3 Review June 2013 Little Black Boxes: Legal Anthropology and the Politics of Autonomy in Tort Law Riaz Tejani Ph.D. Princeton University, JD University of Southern California; Assistant Professor, Phoenix School of Law Follow this and additional works at: https://scholars.unh.edu/unh_lr Part of the Law Commons, and the Social and Behavioral Sciences Commons Repository Citation Riaz Tejani, Little Black Boxes: Legal Anthropology and the Politics of Autonomy in Tort Law, 11 U.N.H. L. REV. 129 (2013), available at http://scholars.unh.edu/unh_lr/vol11/iss2/3 This Article is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in The University of New Hampshire Law Review by an authorized editor of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. Little Black Boxes: Legal Anthropology and the Politics of Autonomy in Tort Law RIAZ TEJANI * TABLE OF CONTENTS I. INTRODUCTION ....................................................................................129 II. LAW IN GLOBAL GOVERNANCE: COMPLEXITY , INFLUENCE , OCCULTATION ......................................................................................132 III. CRITICAL PREHISTORY : EVOLUTIONISM , LAW IN ACTION , AND LEGAL REALISM ..............................................................................................134
  • Legal Anthropology Comes Home: a Brief History of the Ethnographic Study of Law John M

    Legal Anthropology Comes Home: a Brief History of the Ethnographic Study of Law John M

    University of North Carolina School of Law Masthead Logo Carolina Law Scholarship Repository Faculty Publications Faculty Scholarship 1993 Legal Anthropology Comes Home: A Brief History of the Ethnographic Study of Law John M. Conley University of North Carolina School of Law, [email protected] William M. O'Barr Follow this and additional works at: https://scholarship.law.unc.edu/faculty_publications Part of the Law Commons Publication: Loyola of Los Angeles Law Review This Article is brought to you for free and open access by the Faculty Scholarship at Carolina Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. LEGAL ANTHROPOLOGY COMES HOME: A BRIEF HISTORY OF THE ETHNOGRAPHIC STUDY OF LAW John M. Conley* William M. O'Barr** I. INTRODUCTION Anthropology is a relative newcomer to the ranks of the social sci- ences. It began to emerge as an autonomous field in the second half of the nineteenth century when a diverse array of scholars and speculators converged around such issues as the defining characteristics of humanity and the nature and origins of human society. In the topics they chose to pursue, the way they framed their questions, and the strategies they used to find answers, these nascent anthropologists were strongly influenced by the disciplines from which they had come. An early and significant example of this interdisciplinary influence is the famous Cambridge Anthropological Expedition to the Torres Straits of 1898.1 The expedition was organized by Alfred Cort Haddon, a zool- ogy professor who had a brief and unsuccessful career in his father's printing business.2 Its purpose was to comprehensively survey the physi- cal characteristics, language, culture, and thought patterns of the in- habitants of the straits separating New Guinea and Australia.
  • Legal Pluralism, Social Theory, and the State

    Legal Pluralism, Social Theory, and the State

    The Journal of Legal Pluralism and Unofficial Law ISSN: 0732-9113 (Print) 2305-9931 (Online) Journal homepage: https://www.tandfonline.com/loi/rjlp20 Legal pluralism, social theory, and the state Keebet von Benda-Beckmann & Bertram Turner To cite this article: Keebet von Benda-Beckmann & Bertram Turner (2018) Legal pluralism, social theory, and the state, The Journal of Legal Pluralism and Unofficial Law, 50:3, 255-274, DOI: 10.1080/07329113.2018.1532674 To link to this article: https://doi.org/10.1080/07329113.2018.1532674 © 2019 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group Published online: 20 Jan 2019. Submit your article to this journal Article views: 268 View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=rjlp20 THE JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW 2018, VOL. 50, NO. 3, 255–274 https://doi.org/10.1080/07329113.2018.1532674 Legal pluralism, social theory, and the state Keebet von Benda-Beckmann and Bertram Turner Department ‘Law & Anthropology’, Max Planck Institute for Social Anthropology, Halle, Germany ABSTRACT ARTICLE HISTORY Legal pluralism has seen a marked rise in interest since the turn Received 4 July 2018 of the century. While long rejected in legal studies, legal pluralism Accepted 3 October 2018 is now widely accepted, not least in light of the broad range of KEYWORDS perspectives on the state it has sought to interpret and it has Legal pluralism; social produced. A crucial change could be noted in the 1970s, when theory; globalization; state; legal anthropologists began to demonstrate the applicability of anthropology of law this term, and not just in anthropological thinking about law.
  • Anthropology 1

    Anthropology 1

    Anthropology 1 • Falina Enriquez (http://www.anthropology.wisc.edu/staff/enriquez- falina/) ANTHROPOLOGY Cultural anthropology, ethnomusicology, Brazil Anthropology is the comparative study of human diversity through • John Hawks (http://www.anthropology.wisc.edu/staff/hawks-john/) time and across the world. Its scope spans the humanities, the social Biological anthropology, paleoanthropology, anthropological sciences, and the biological, physical, and evolutionary sciences. As a genomics, South Africa history of the human species, anthropology studies all human biological • J. Mark Kenoyer (http://www.anthropology.wisc.edu/staff/kenoyer-j- and behavioral variation from the earliest fossil records to the present; mark/) it includes the study of nonhuman primates as well. As a social science, Archaeology, South Asia, Harappa, craft production anthropology aims at uncovering the patterns of past and present societies. As one of the humanities, anthropology seeks to understand • Nam C. Kim (http://www.anthropology.wisc.edu/staff/kim-nam-c/) the ways cultural meaning and political power have shaped human Archaeology, Southeast Asia, Vietnam, complex societies, warfare experience. • Maria Lepowsky (http://www.anthropology.wisc.edu/staff/lepowsky- At the University of Wisconsin–Madison, anthropology consists of maria/) three subfields: archaeology—the investigation and analysis of the Cultural anthropology, medical anthropology, Oceania remains from past cultures, uncovered through excavation; biological anthropology—the study of human evolution and the roots of the • Larry Nesper (http://www.anthropology.wisc.edu/staff/nesper-larry/) biological and genetic diversity found among contemporary peoples; Cultural anthropology, legal anthropology, North America, Wisconsin and sociocultural anthropology—the comparative study of society, • Emiko Ohnuki-Tierney (http://www.anthropology.wisc.edu/staff/ politics, economy, and culture, whether in historical times or in our ohnuki-tierney-emiko/) contemporary moment.
  • Anthropology and Law 1St Edition Kindle

    Anthropology and Law 1St Edition Kindle

    ANTHROPOLOGY AND LAW 1ST EDITION PDF, EPUB, EBOOK Donovan | 9781571814241 | | | | | Anthropology and Law 1st edition PDF Book His book is a plea for the relevance of the anthropological investigation of law not as an end in itself, but to enable the discipline to contribute — empirically grounded in the analysis of living legal pluralism — to a theory of the relationship of cosmopolitanism and the rule of law in globalized capitalism. If the problem persists, please try again in a little while. Carneiro Henri J. Within modern English Theory, law is a discrete and specialized topic. Circumscription theory Legal anthropology Left—right paradigm State formation Political economy in anthropology Network Analysis and Ethnographic Problems. Legal Anthropology provides a definition of law which differs from that found within modern legal systems. Goodale offers intellectual history, social theory, and politico-legal analysis in an accessible overview of a field that, in his hands, returns to the most ambitious questions of our time, the place of law in social development, political transition, protection of the dispossessed and marginalized, and, the ultimate anthropological question, how identity is shaped, how law influences who we are and how we belong. As culture is not bounded and unchanging, there are multiple discourses and moral viewpoints within any community and among the various actors in such events Merry Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights. Michael Banton ed. Paul Bohannan promotes the use of native terminology presented with ethnographic meaning as opposed to any Universal categories, which act as barriers to understanding the true nature of a culture's legal system.
  • Delgamuukw and the People Without Culture : Anthropology and the Crown

    Delgamuukw and the People Without Culture : Anthropology and the Crown

    DELGAMUUKWAND THE PEOPLE WITHOUT CULTURE: Anthropology and the Crown by Dara Culhane B.A. (Hons), Simon Fraser University, 1985 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in the Department of Sociology and Anthropology O Dara Culhane 1994 SIMON FRASER UNIVERSITY July 1994 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author APPROVAL NAME : Dara Culhane DEGREE : Doctor of Philosophy TITLE OF THESIS: DEU;AEIUUKW AND THE PEOPLE WITHOUT CULTURE: Anthropology and the Crown EXAMINING COMMITTEE: CHAIR : Dr. Gary Teep: I Dr. Noel l~~ck Senior Supervisor Professor of Anthropology - vr. Michael Kenny , , Associate Professor of ~nthrowogy -. Dr. Arlene McLaren Associate Professr -f Sociology ,pd<yah Angw - Internal External Examiner Associate Pmfessom Sociology - Dr. Robert Paine External Examiner Henrietta Harvey Professor of Anthropology Memorial University of Newfoundland fDat Ap ro ed I hereby grant to Simon Fraser University the right to lend my thesis, project or extended essay (the title of which is shown below) to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may he granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission.
  • Polar: Political and Legal Anthropology Review

    Polar: Political and Legal Anthropology Review

    PoLAR: Political and Legal Anthropology Review Book Reviews The Social Life of Security September 16, 2019 Comments closed by Lori Allen, SOAS University of London Spaces of Security: Ethnographies of Securityscapes, Surveillance, and Control, Setha Low and Mark Maguire, eds. (New York: New York University Press, 2019). From Righteousness to Far Right: An Anthropological Rethinking of Critical Security Studies, by Emma McCluskey (Montreal & Kingston: McGill-Queen’s University Press, 2019). Nightmarch: Among India’s Revolutionary Guerrillas, by Alpa Shah (London: Hurst & Company, 2018). Fear, Space and Urban Planning: A Critical Perspective from Southern Europe, by Simone Tulumello (Springer International Publishing Switzerland, 2017). Securitization now shapes almost every dimension of most people’s lives, affecting everything from football matches to refugee reception, urban planning to outer space. And, of course, airports. A recent experience I had while traveling back to London gave me a particularly affect- laden insight into anthropologists’ burgeoning interest in security regimes. It gave me a sense of how overwhelming the emotions that are a constituent part of securitization can be. It also highlighted how important it is that ethnographers not stop at investigating affect alone, but push beyond to understand the material and structural dynamics that are also driving the security-saturation of the globe these days. I had set off the alarm in the metal detector at a Sicilian airport. “It must be that mysterious area of my right ankle that inexplicably shows up on screens across the globe’s airport security systems,” I thought. As predicted, I was asked to step aside to be frisked by a female security guard.
  • UNC Chapel Hill Department of Anthropology Volume 6 No. 1 Spring 2001 Please Send Your Email Address to &lt;Anarchaey.Notes@Unc

    UNC Chapel Hill Department of Anthropology Volume 6 No. 1 Spring 2001 Please Send Your Email Address to <Anarchaey.Notes@Unc

    UNC Chapel Hill Department of Anthropology Volume 6 No. 1 Spring 2001 Please Send Your Email address to <[email protected] > in this issue: Where is the Field Going? Notes from the Field: Tanzania & Denmark Obituaries: Tom Hargrove & Joffre Coe Society for Anthropology Students Some Views of Instructional Technologies News From the RLA Interview with the Chair: "Really Excited About This Department" In this issue of Anarchaey Notes, we are foregoing our past custom of asking the Chair to write a special column, "Notes from the Chair," simply because it has been almost impossible for Dorothy (Dottie) Holland, our Department Chair, to find time to write it, given her torrid schedule of Chairly commitments and activities. (Did we mention she has also been a formidable researcher, writer, advisor, and teacher while serving as Chair?) Instead, in March 2001, your redoubtable Editorial crew (Don Nonini and Seth Murray) caught up with Dottie Holland to interview her for a few calm minutes in her otherwise hectic and drama-filled day. Don Nonini: Dottie, good afternoon. What do you think the most important changes have been in the Department of Anthropology during the five years of your tenure as Chair? Dorothy Holland: Well, let me say that I think this [interview] is a great idea, and it's much better than "Notes from the Chair". What I think has happened, for one thing, we've added nine new faculty. We have a reasonable and stable TA [teaching assistant] budget. There are other things too but I'll mention some things that I think are distinctive.
  • Law and Anthropology

    Law and Anthropology

    Law and Anthropology Monday, December 18, 2017 Dear colleagues, We have the pleasure to announce the launch of a new research platform dedicaced to legal anthropology, named Law & Anthropology (https://leggy.hypotheses.org). This new blog is dedicated to news, analysis and debates on legal anthropology. The platform seeks to account regularly for recent scientific activity in the field of legal anthropology, mainly in Europe but on other continents as well. Its goal is to highlight scientific works that try to explain what law is from an anthropological point of view. Therefore, we are interested in all fields of anthropology exploring legal/normative phenomena : legal anthropology strictly speaking, anthropology of institutions, historical anthropology, kinship anthropology, political anthropology, etc. The blog will include calls for papers, dates of upcoming conferences and symposia, new publications (whether books, reviews, or articles), updates on doctoral training programs, upcoming Ph.D. defense announcements, creation of virtual exhibitions, bibliographic information, and interviews with actors in this field. The platform is run by French and European researchers involved in legal anthropology. If you would like any related news to be published on the platform, please write to [email protected]. Please write to the same address if you are willing to register yourself, your research center or your teachings in our online legal anthropology directory (http://leggy.hypotheses.org/chercheurs). Please precise your identity, your institution, your official functions, the cultural area you are specialized into, and your research fields. You may also mention a link to a personal website. We do thank you in advance for your collaboration.
  • Modern Legal Realism: Paving the Way for Theoretically-Informed Empirical Research in the Legal Academy (Chapter IN: Research Handbook on Modern Legal Realism, S

    Modern Legal Realism: Paving the Way for Theoretically-Informed Empirical Research in the Legal Academy (Chapter IN: Research Handbook on Modern Legal Realism, S

    Legal Studies Research Paper Series No. 2020-56 Introduction -- Modern Legal Realism: Paving the Way for Theoretically-Informed Empirical Research in the Legal Academy (Chapter IN: Research Handbook on Modern Legal Realism, S. Talesh, E. Mertz, & H. Klug, eds. Edward Elgar, Cheltenham, UK. Forthcoming 2021) Shauhin A. Talesh [email protected] University of California, Irvine ~ School of Law Elizabeth Mertz [email protected] American Bar Foundation Heinz Klug [email protected] University of Wisconsin Law School The paper can be downloaded free of charge from SSRN at: Electronic copy available at: https://ssrn.com/abstract=3671933 Introduction -- Modern Legal Realism: Paving the Way for Theoretically-Informed Empirical Research in the Legal Academy Shauhin Talesh, Elizabeth Mertz, Heinz Klug (forthcoming in Research Handbook on Modern Legal Realism, eds S. Talesh, E. Mertz, & H. Klug, Edward Elgar, Cheltenham, UK. ABSTRACT This introductory chapter shows the distinctive qualities of New Legal Realism (NLR), captures where it stands around its fifteenth anniversary, and explains the goal of the larger book. In doing so, we demonstrate NLR’s fruitful continuation of the legal realist adventure as it reaches beyond historical and national boundaries to form new international conversations, based heavily on law-and-society networks and traditions. In addition, we provide a contrast to Empirical Legal Studies, because the NLR project clearly visible in this volume does not just use quantitative methods to study lawyers and legal institutions as they have been traditionally viewed. Instead, it includes chapters by social scientists and law professors using social science theory and multiple methods to understand law and address legal problems – across an impressive variety of subject areas such as immigration, policing, globalization, legal education, and access to justice.