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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. 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-So- Brave) 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 Indian- White 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
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