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Bringing Cultural Practice Into Law: Ritual and Social Norms Jurisprudence Andrew J
Santa Clara Law Review Volume 43 | Number 2 Article 2 1-1-2003 Bringing Cultural Practice Into Law: Ritual and Social Norms Jurisprudence Andrew J. Cappel Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Andrew J. Cappel, Bringing Cultural Practice Into Law: Ritual and Social Norms Jurisprudence, 43 Santa Clara L. Rev. 389 (2003). Available at: http://digitalcommons.law.scu.edu/lawreview/vol43/iss2/2 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. BRINGING CULTURAL PRACTICE INTO LAW: RITUAL AND SOCIAL NORMS JURISPRUDENCE Andrew J. Cappel* I. INTRODUCTION The past decade has witnessed an explosive growth in legal scholarship dealing with the problem of informal social norms and their relationship to formal law.1 This article highlights a sa- * Associate Professor of Law, St. Thomas University Law School. J.D., Yale Law School; M.Phil., Yale University; B.A., Yale College. I would like to thank Bruce Ackerman and Stanley Fish, both of whom read prior versions of this paper, for their help and advice. I also wish to thank Robert Ellickson for his encourage- ment in this project. In addition, valuable suggestions were made by participants when a version of this paper was presented at the 2000 Law and Society conference in Miami. Among the many of my present and former colleagues at St. -
DIANA PATON & MAARIT FORDE, Editors
diana paton & maarit forde, editors ObeahThe Politics of Caribbean and Religion and Healing Other Powers Obeah and Other Powers The Politics of Caribbean Religion and Healing diana paton & maarit forde, editors duke university press durham & london 2012 ∫ 2012 Duke University Press All rights reserved Printed in the United States of America on acid-free paper $ Designed by Katy Clove Typeset in Arno Pro by Keystone Typesetting, Inc. Library of Congress Cataloging-in-Publication Data appear on the last printed page of this book. Duke University Press gratefully acknowledges the support of Newcastle University, which provided funds toward the production of this book. Foreword erna brodber One afternoon when I was six and in standard 2, sitting quietly while the teacher, Mr. Grant, wrote our assignment on the blackboard, I heard a girl scream as if she were frightened. Mr. Grant must have heard it, too, for he turned as if to see whether that frightened scream had come from one of us, his charges. My classmates looked at me. Which wasn’t strange: I had a reputation for knowing the answer. They must have thought I would know about the scream. As it happened, all I could think about was how strange, just at the time when I needed it, the girl had screamed. I had been swimming through the clouds, unwillingly connected to a small party of adults who were purposefully going somewhere, a destination I sud- denly sensed meant danger for me. Naturally I didn’t want to go any further with them, but I didn’t know how to communicate this to adults and ones intent on doing me harm. -
A British Reflection: the Relationship Between Dante's Comedy and The
A British Reflection: the Relationship between Dante’s Comedy and the Italian Fascist Movement and Regime during the 1920s and 1930s with references to the Risorgimento. Keon Esky A thesis submitted in fulfilment of requirements for the degree of Doctor of Philosophy, Faculty of Arts and Social Sciences. University of Sydney 2016 KEON ESKY Fig. 1 Raffaello Sanzio, ‘La Disputa’ (detail) 1510-11, Fresco - Stanza della Segnatura, Palazzi Pontifici, Vatican. KEON ESKY ii I dedicate this thesis to my late father who would have wanted me to embark on such a journey, and to my partner who with patience and love has never stopped believing that I could do it. KEON ESKY iii ACKNOWLEDGEMENTS This thesis owes a debt of gratitude to many people in many different countries, and indeed continents. They have all contributed in various measures to the completion of this endeavour. However, this study is deeply indebted first and foremost to my supervisor Dr. Francesco Borghesi. Without his assistance throughout these many years, this thesis would not have been possible. For his support, patience, motivation, and vast knowledge I shall be forever thankful. He truly was my Virgil. Besides my supervisor, I would like to thank the whole Department of Italian Studies at the University of Sydney, who have patiently worked with me and assisted me when I needed it. My sincere thanks go to Dr. Rubino and the rest of the committees that in the years have formed the panel for the Annual Reviews for their insightful comments and encouragement, but equally for their firm questioning, which helped me widening the scope of my research and accept other perspectives. -
Book Reviews
BOOK REVIEWS G. E.R. LLOYD, Demystifying Mentalities [Themes in the Social Sciences], Cambridge etc.: Cambridge University Press 1990. viii, 156 pp., Bibliography Index. £27.50/£10.95//$49.50/$14.95. Geoffrey Lloyd belongs to that illustrious line of Cambridge classicists who have found anthropology useful for their own work and have then contributed to it. The value of this contribution has been duly recognized by anthropo]ogists, who have asked him to give some of their most important lectures. Two of the four chapters that constitute this book were, in their original form, the 1985 Rivers lecture at Cambridge and the 1987 Frazer lecture in Oxford. Not surprisingly then, this work addresses a question of central interest to anthropologists: 'What is the validity and usefulness of the notion of mentalities?' (p. 1). Lloyd points out that although Uvy-Bruhl's distinction between two 'mentalities' has been much criticized, in fact the idea of different mentalities has been widely adopted in many disciplines, especially in France. The problem is that there is no definition of 'mentality', and the term is used in a variety of senses. Furthermore, which criteria are to be employed in distinguishing between different mentalities is not clear, nor has the question of how mentalities change been addressed. Lloyd sets out to examine the whole question with reference to classical Greek thought, which is so often regarded as the origin of our own scientific rationality. He also attempts to place the development of the ideas within the political and economic setting of the period, so that they are rooted in a particular social context. -
Gender, Lineage, and Localization in Sri Lanka's
GLOBAL NETWORKS, LOCAL ASPIRATIONS: GENDER, LINEAGE, AND LOCALIZATION IN SRI LANKA’S BHIKKHUNĪ ORDINATION DISPUTE by TYLER A. LEHRER B.A., California State University, Sacramento, 2013 A thesis submitted to the Faculty of the Graduate School of the University of Colorado in partial fulfillment of the requirement for the degree of Master of Arts Department of Religious Studies 2016 This thesis entitled: Global Networks, Local Aspirations: Gender, Lineage, and Localization in Sri Lanka’s Bhikkhunī Ordination Dispute written by Tyler A. Lehrer has been approved for the Department of Religious Studies ________________________________________________________ Dr. Holly Gayley, Committee Chair Assistant Professor, Religious Studies ________________________________________________________ Dr. Deborah Whitehead Associate Professor, Religious Studies ________________________________________________________ Dr. Carla Jones Associate Professor, Anthropology Date _____________________ The final copy of this thesis has been examined by the signatories, and we find that both the content and the form meet acceptable presentation standards of scholarly work in religious studies. IRB protocol #: 15-0563 iii Lehrer, Tyler A. (M.A., Religious Studies) Global Networks, Local Aspirations: Gender, Lineage, and Localization in Sri Lanka’s Bhikkhunī Ordination Dispute Thesis directed by Assistant Professor Dr. Holly Gayley This thesis investigates many of the figures and events that have made full ordinations of Buddhist nuns (bhikkhunīs) both possible and contested -
The Self: a Transpersonal Neuroanthropological Account
International Journal of Transpersonal Studies Volume 32 | Issue 1 Article 10 1-1-2013 The elS f: A Transpersonal Neuroanthropological Account Charles D. Laughlin Carleton University Follow this and additional works at: https://digitalcommons.ciis.edu/ijts-transpersonalstudies Part of the Anthropology Commons, Philosophy Commons, Psychology Commons, and the Religion Commons Recommended Citation Laughlin, C. D. (2013). Laughlin, C. D. (2013). The es lf: A transpersonal neuroanthropological account. International Journal of Transpersonal Studies, 32(1), 100–116.. International Journal of Transpersonal Studies, 32 (1). http://dx.doi.org/10.24972/ ijts.2013.32.1.100 This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This Special Topic Article is brought to you for free and open access by the Journals and Newsletters at Digital Commons @ CIIS. It has been accepted for inclusion in International Journal of Transpersonal Studies by an authorized administrator of Digital Commons @ CIIS. For more information, please contact [email protected]. The Self: A Transpersonal Neuroanthropological Account Charles D. Laughlin Carleton University Ottawa, Ontario, Canada The anthropology of the self has gained momentum recently and has produced a significant body of research relevant to interdisciplinary transpersonal studies. The notion of self has broadened from the narrow focus on cultural and linguistic labels for self-related terms, such as person, ego, identity, soul, and so forth, to a realization that the self is a vast system that mediates all the aspects of personality. This shift in emphasis has brought anthropological notions of the self into closer accord with what is known about how the brain mediates self-as-psyche. -
Baumann on Davis, 'Deathpower: Buddhism's Ritual Imagination in Cambodia'
H-Buddhism Baumann on Davis, 'Deathpower: Buddhism's Ritual Imagination in Cambodia' Review published on Friday, July 19, 2019 Erik W. Davis. Deathpower: Buddhism's Ritual Imagination in Cambodia. New York: Columbia University Press, 2015. 320 pp. $60.00 (cloth), ISBN 978-0-231-16918-9. Reviewed by Benjamin Baumann (Humboldt-Universität zu Berlin) Published on H-Buddhism (July, 2019) Commissioned by Thomas Borchert (University of Vermont) Printable Version: http://www.h-net.org/reviews/showpdf.php?id=46394 Erik W. Davis’s book Deathpower: Buddhism’s Ritual Imagination in Cambodia is an important and brilliant study that seeks no less than “to represent a portion of the Cambodian religious imaginary through a study of rituals involved in the management of death and spirits” (pp. 8-9). Deathpower is a seminal contribution to the field of Mainland Southeast Asian religious studies as well as a superb ethnography of everyday religious life in contemporary Cambodia. Everyday religiosity and ritual practice in contemporary Cambodia are still under-researched, and the book, thus, fills an essential gap in the scholarly literature. However, the book contributes not only to an understanding of contemporary Khmer religion but also to the comparative study of funeral cultures in the region. The book’s greatest achievement is, therefore, the persuasiveness with which it locates death at the center of lay religiosity as well as Khmer imaginations of the social. Scholars and students interested in vernacular Buddhism, funerary practices, and everyday religiosity in Mainland Southeast Asia will benefit immensely from an in-depth reading of this far-reaching study. -
A Feminist Perspective on the Lack of Full Ordination for Burmese Buddhist Nuns Darbee Nicole Hagerty Florida International University, [email protected]
Florida International University FIU Digital Commons FIU Electronic Theses and Dissertations University Graduate School 3-31-2016 A Feminist Perspective on the Lack of Full Ordination for Burmese Buddhist Nuns Darbee Nicole Hagerty Florida International University, [email protected] DOI: 10.25148/etd.FIDC000289 Follow this and additional works at: https://digitalcommons.fiu.edu/etd Part of the Buddhist Studies Commons, Ethics in Religion Commons, and the History of Religions of Eastern Origins Commons Recommended Citation Hagerty, Darbee Nicole, "A Feminist Perspective on the Lack of Full Ordination for Burmese Buddhist Nuns" (2016). FIU Electronic Theses and Dissertations. 2435. https://digitalcommons.fiu.edu/etd/2435 This work is brought to you for free and open access by the University Graduate School at FIU Digital Commons. It has been accepted for inclusion in FIU Electronic Theses and Dissertations by an authorized administrator of FIU Digital Commons. For more information, please contact [email protected]. FLORIDA INTERNATIONAL UNIVERSITY Miami, Florida A FEMINIST PERSPECTIVE ON THE LACK OF FULL ORDINATION FOR BURMESE BUDDHIST NUNS A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS in RELIGIOUS STUDIES by Darbee Hagerty 2016 To: Dean John F. Stack Steven J. Green School of International and Public Affairs This thesis, written by Darbee Hagerty, and entitled A Feminist Perspective on the Lack of Full Ordination for Burmese Buddhist Nuns, having been approved in respect to style and intellectual content, is referred to you for judgment. We have read this thesis and recommend that it be approved. ______________________________________________ Oren Baruch Stier _______________________________________________ Christine Gudorf _______________________________________________ Steven M. -
FSU ETD Template
Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2017 Rethinking Economics and Religion through Funerals of the Volta Basin Jesse Christian Miller Follow this and additional works at the DigiNole: FSU's Digital Repository. For more information, please contact [email protected] FLORIDA STATE UNIVERSITY COLLEGE OF ARTS AND SCIENCES RETHINKING ECONOMICS AND RELIGION THROUGH FUNERALS OF THE VOLTA BASIN By JESSE CHRISTIAN MILLER A Thesis submitted to the Department of Religion in partial fulfillment of the requirements for the degree of Master of Arts 2017 Jesse C. Miller defended this thesis on April 28, 2017. The members of the supervisory committee were: Joseph R. Hellweg Professor Directing Thesis Adam Gaiser Committee Member Bryan Cuevas Committee Member The Graduate School has verified and approved the above-named committee members, and certifies that the thesis been approved in accordance with university requirements. ii ﺑِ ْﺴ ِﻢ ﷲِ ﱠاﻟﺮ ْﺣ ٰﻤ ِﻦ ﱠاﻟﺮ ِﺣ ْﯿﻢ iii TABLE OF CONTENTS Abstract .......................................................................................................................................... iv 1. INTRODUCTION .......................................................................................................................1 2. DEATH AND RECIPROCITY IN AFRICA: A REVIEW OF THE LITERATURE ................9 3. VOLTAIC PEOPLES, THEIR FUNERALS, AND EXCHANGE ...........................................20 4. THE MOSSI...............................................................................................................................35 -
What Isn't Religion?*
What Isn’t Religion?* Kevin Schilbrack / Western Carolina University I. INTRODUCTION This article is motivated by the sense that the category of religion has be- come sprawling, overly inclusive, and unwieldy. This problem is partly be- cause the multiple definitions of religion in play today are so various and divergent, but it is also because some of those definitions are so capacious that the term “religion” loses its analytic usefulness. The study of religions will be helped, I judge, by a principled recommendation about what to exclude from the category. Because the promiscuity of what I will call “pure functional” definitions of religion is central to my case, it may be worth providing a sense of the frustration of those who oppose them. In an extremely influential paper written half a century ago, Melford Spiro complains that with “½pure func- tional definitions of religion ...it is virtually impossible to set any substan- tive boundary to religion and, thus, to distinguish it from other sociocultural phenomena. Social solidarity, anxiety reduction, confidence in unpredictable situations, and the like, are functions which may be served by any or all cul- tural phenomena—Communism and Catholicism, monotheism and monog- amy, images and imperialism—and unless religion is defined substantively, it would be impossible to delineate its boundaries.”1 More recently, Timo- thy Fitzgerald complains that, given a pure functional definition of reli- gion,“one finds in the published work of scholars working within religion de- partments the term ‘religion’ being used to refer to such diverse institutions as totems ...Christmas cakes, nature, the value of hierarchy, vegetarianism, witchcraft, veneration of the Emperor, the Rights of man, supernatural tech- nology possession, amulets, charms, the tea ceremony, ethics, ritual in gen- eral, The Imperial Rescript of Education, the motor show, salvation, Marx- ism, Maoism, Freudianism, marriage, gift exchange, and so on. -
The M Ission of Cultural Creation Lorraine V. Aragon
Review Essay T he M ission of C ultural C reation Lorraine V. Aragon Albert Schrauwers. Colonial "Reformation" in the Highlands of Central Sulawesi, Indonesia, 1892-1995. Toronto: University of Toronto Press, 2000. xiii + 279 pp. Albert Schrauwers's book on missionization in eastern Central Sulawesi neatly bounds its subject between the end of the nineteenth and the end of the twentieth centuries, two fin de siecle moments. His incisive portrayal of how Protestant missionaries brought sociopolitical transformation to the Lake Poso region during that one hundred years illuminates an interesting Indonesian case of religious rationalization. It also invites reflection on the transformation from early ethnographies written by missionary-scholars such as A. C. Kruyt, a key figure in this book, to late twentieth century postmodern versions of the genre such as Schrauwers provides. The colonialist endeavors of Kruyt are deciphered well in this book, even though the author, like most of us who work in Sulawesi, inevitably utilizes some of Kruyt's data to construct his own arguments. How then does contemporary ethnography honestly situate itself against the professional "ancestor" that it now upbraids? Schrauwers's answers to these questions define the scope of his investigations and descriptions. They also represent one of the prominent solutions to the "predicament of culture," which leads recent scholars to distrust the "ethnographic authority" claimed by the last century's authors.1 1 James Clifford, “On Ethnographic Authority," in The Predicament of Culture: Twentieth-Century Ethnography, Literature and Art (Cambridge: Harvard University Press, 1988), pp. 21-54. Indonesia 72 (October 2001) 190 Lorraine V. -
Exploring Religions (3 Credit Hrs) Course Description: Intr
RELIGION 101 EXPLORING RELIGIONS BULLETIN INFORMATION RELG 101 – Exploring Religions (3 credit hrs) Course Description: Introduction to the beliefs and practices of the world’s religions and to the methods scholars use to study them. SAMPLE COURSE OVERVIEW This course introduces students to the range and variety within the world’s religions. Students will gain familiarity with the distinctive doctrines, rituals, festivals, and transformative practices of specific religious traditions, both past and present, as well as with selected themes and ideas shared by many different traditions. The course serves as an introduction to various approaches in the academic study of religion. Using the insights of disciplines such as anthropology, sociology, and cultural studies, students will learn to read religious texts critically and to analyze the ways that the ethical and metaphysical assumptions of religious traditions influence contemporary social and political activities. Readings, lectures, discussions, and other in-class activities encourage students to consider how individuals and groups organize themselves around beliefs in the existence of god/s, spirits, and ancestors, and how recourse to such posited agents affects the legitimacy, authority, and authenticity of particular practices and institutions. ITEMIZED LEARNING OUTCOMES Upon successful completion of RELG 101, students will be able to: 1. Recognize and describe the key ideas and practices of several religious traditions 2. Discuss the ways in which human behavior is shaped by beliefs in a divine being or beings, spirits, ancestors, or other non-empirical agents 3. Read religious texts critically and analyze and compare specific examples of religious discourse 4. Analyze and compare specific examples of religious social formation 5.