Max Planck Institute for Social Anthropology Report 2010 –2011 Volume II (Appendix)
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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. -
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. -
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. -
Haney Foundation Series : Ethnography in Today's World : Color
Ethnography in Today’s World ................. 18429$ $$FM 05-28-13 10:19:34 PS PAGE i HANEY FOUNDATION SERIES A volume in the Haney Foundation Series, established in 1961 with the generous support of Dr. John Louis Haney ................. 18429$ $$FM 05-28-13 10:19:34 PS PAGE ii Ethnography in Today’s World Color Full Before Color Blind Roger Sanjek UNIVERSITY OF PENNSYLVANIA PRESS PHILADELPHIA ................. 18429$ $$FM 05-28-13 10:19:34 PS PAGE iii Copyright ᭧ 2014 University of Pennsylvania Press All rights reserved. Except for brief quotations used for purposes of review or scholarly citation, none of this book may be reproduced in any form by any means without written permission from the publisher. Published by University of Pennsylvania Press Philadelphia, Pennsylvania 19104-4112 www.upenn.edu/pennpress Printed in the United States of America on acid-free paper 10987654321 Library of Congress Cataloging-in-Publication Data Sanjek, Roger, 1944– Ethnography in today’s world : color full before color blind / Roger Sanjek.—1st ed. p. cm. — (Haney foundation series) Includes bibliographical references and index. ISBN 978-0-8122-4545-5 (hardcover : alk. paper) 1. Ethnology—United States—Methodology. 2. Ethnology—Methodology. 3. Anthropology—United States—Methodology. 4. Anthropology—Methodology. I. Title. GN345.S255 2014 305.800973—dc23 2013019444 ................. 18429$ $$FM 05-28-13 10:19:35 PS PAGE iv For my teachers: Anne Schwerner, Robert Stigler, Marvin Harris, Lambros Comitas, Jaap van Velsen, George C. Bond, Allen Johnson ................. 18429$ $$FM 05-28-13 10:19:35 PS PAGE v This page intentionally left blank Contents Preface ix PART I. -
The End of Anthropology?
Decolonisation, modernisation, globalisation, the crisis of Karl-Heinz Kohl Holger Jebens & representation, and the ‘cultural turn’ in neighbouring disciplines have unsettled anthropology to such an extent that the field’s The end of foundations, the subjects of its study as well as its methods and concepts, appear to be eroded. anthropology? It is now time to take stock and either abandon anthropology as a fundamentally untenable or superfluous project, or to set it on more solid foundations. In this volume some of the edited by Holger Jebens & Karl-Heinz Kohl world’s leading anthropologists – including Vincent Crapanzano, Maurice Godelier, Ulf Hannerz and Adam Kuper – do just that. Reflecting on how to meet the manifold institutional, theoretical, methodological, and epistemological challenges to the field, The End of Anthropology? as well as on the continued, if not heightened, importance of anthropology in a world where diversity and cultural difference are becoming ever more important economically, politically, and legally, they set upon the task of reconstructing anthropology’s foundations and firming up its stance vis-à-vis these challenges. ‘With a backward glance at earlier predictions of the demise of anthropology, the essays present a confident account of the future of the discipline. Defining in clear terms what it is that anthropologists do, a well-chosen group of distinguished contributors confront the diversity and internal distinctions that characterize the field, weigh the seriousness of the trend toward interdisciplinary studies in the human sciences, and redefine the strengths of the anthropological mode of knowledge production’. (Shirley Lindenbaum, Professor Emerita, City University of New York) Holger Jebens is Senior Research Fellow at the Frobenius Institute and Managing Editor of Paideuma. -
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
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. -
Introduction
Introduction Robert P. Weller and Keping Wu Th e passing of Fredrik Barth marked the end of an era in anthropology. Nev- ertheless, his contributions also promise new beginnings. As his students and colleagues, we felt nothing could honor our debts to him more than an intellec- tual eff ort that brings attention to his relevance to anthropology today, rather than simply celebrating his legacy. Th is volume attempts to do that by off ering chapters that expand on his work, sometimes argue with it, but always honor its humanist approach. In the process, the book may also serve as a summary of some of his main themes, and it may illustrate how much we owe him intellec- tually, but our main goal is neither intellectual biography nor commemoration. It is instead to pass on Barth’s humanistic tradition of knowledge, so it can live and evolve.1 Such a process of continuous intellectual evolution characterized Barth’s own career as well. In the late 1970s, when Robert attended his graduate sem- inar at Johns Hopkins, Barth was already highly celebrated. Th is was above all because of his introductory essay in Ethnic Groups and Boundaries (1969), which had appeared a decade earlier. Th ough Barth repeatedly said that he was not an expert on ethnicity, this essay fundamentally shifted the way people conceptualize ethnicity—from “cultural stuff ” to the boundaries actors set out to maintain. However, instead of dwelling on his fame or reiterating his earlier ideas, it was clear that Barth at that time was wrestling with new issues, espe- cially with the problem of how to understand a person as both a potentially cre- ative individual and as a product of broader social processes. -
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.