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The Ethnography of Law: a Bibliographical Survey

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The Ethnography of Law: a Bibliographical Survey The Ethnography of Law: A Bibliographical Survey by Laura Nader, Klaus F. Koch, and Bruce Cox INTRODUCTION first-hand observers. However, some studies based on historical records have been included (e.g., Trimborn's THIS BIBLIOGRAPHY, A SELECTED SAMPLE of the world's analysis of the Royal Records documenting native literature on law, has been prepared to encourage and facilitate contemporary social science research life in the ew World). Works dealing solely with in law. Although a major portion of this bibliography written laws or with codes have generally been has been annotated, we have included items that have omitted. Works dealing with conflict resolurion in not been available for annotation. Since this bibliog­ societies without court systems have been selectively raphy makes no pretense of being exhaustive or final, included. corrections and additions will be appreciated. Alrhough English and German literature is surveyed most thoroughly, a few references in French, Dutch, FACTORS THAT INFLUENCED THE Portuguese, and Spanish are included (see below­ SELECTION Supplementary Aids). Wirhin our language limitations we intend a world coverage of law in preliterate Work by a variety of professionals is represented: (a) societies and of customary law. in rural literate empirical field work on law by professional an­ societies. A few classic ethnographic studies made by thropologists; (b) studies by missionaries and admin­ professional and nonprofessional observers of the istrators in societies where either no other material is Western legal scene have also been incorporated. We available or the material is particularly good (e.g. have not attempted to include empirical work of sources on African peoples such as Hoffman on Sotho specific interest to sociologists such as, for example, law, 1934, Or Howell On Nuer law, 1954); (c) works studies of the legal profession, delinquency, drug by lawyers (e.g., S. Y. Seymour on South Africa, and addiction, analysis of prisons and Western legal in­ T. O. Elias on West Africa) and judges (e.g., N. Smith stitutions. We have consciously excluded purely on the Maori); (d) reports by travelers and lay ob­ theoretical treatises as being for the most part non­ servers (e.g., G. Feifer on Russian law, 1964); and (e) ethnographic. studies by a few philologists (see the German lit­ erature in particular). ORGANIZATION OF THE BIBLIOGRAPHY \Y/e have been primarily interested in reports by Since the interesr in legal ethnography has been oriented to general coverage rather than uproblem" or «topic," we have arbitrarily chosen to classify the This bibliographic survey was made possible by support from the Center for Advanced Study in the Behavioral Sciences, items in seven broad geographic areas: Africa (ex­ Stanford, California, the Center for the Study of Law and cluding North Africa); A,ia (including India, Japan; Society at the University of California, Berkeley, and research China, Ceylon, Burma, Asiatic Russia, Mongolia, and funds made available (0 the Department of Anthropology by Formosa); Europe; The Middle Ea,t (including North the University of California, Berkeley. Many people have helped in the compilation of this work. Professor Leopold Africa, the Arab states, Turkey, Iran, Afghanistan, Pospisil of Yale Universiry, Arlene Wierda, and Carl McCarthy and Pakistan); North and Central America; South contributed heavily to the appearance of the multi lith copy of America; and Oceania (including Australia, Melanesia, this work. Since the appearance of that multilith copy in August Polynesia, Micronesia, Indonesia, and the Philippines). 1964, the principal author has worked with Penny Addiss and June Starr to revise and up-date the original work. We have We believe that it would be premature to organize this been especially grateful co our colleagues in the Department bibliography in terms of topical interest such as of Anthropology at Berkeley for their patient attention to our judicial decision making, problems of substantive law, many queries. In particular we thank Professor Robert Heizer procedure, analyses of COUrt institutions, legal plu­ and the many people in other departments who have added to our muhilith edition. Special credit should go to Mrs. Julie ralism and/or contact problems. \Y/e have, however, Raventos of the Center for Advanced Srudy who helped to included a brief section on cross-cultural and com­ arrange the form of this bibliography, to Mrs. Anne Brower, parative studies. and especially to Mrs. June Starr who edited the final version. The present article, submitted to CURRENT hNTIIROPOLOGY 28 v 65, was sent for CA'tf treatment to 43 scholars of whom COMMENTS ON SUPPLEMENTARY the following responded with additional titles and annotations: BIBLIOGRAPHIC AIDS James H. Chaplin, Bernard S. Cohn, A. 1. Epstein, Meyer A. THE DUTCH SOURCES. Bibliographic refer­ Fortes, Walter Goldschmidt, H. Huber, Dr. Eva Lips, Dr. Julius Lips, Rudiger Schott, G. van den Steenhoven. The ences to Adatrecht (Indonesian native customary law) supplementary titles and annotations submitted for publication are compil.ed in: have been incorporated into the author', Bibliography. I. Literatuurlij,t voor het adatrecht van Indonesie Vol. 7 . No.3. June 1966 267 (1927). Published by the Adatrechtstichting, Lei­ index. "Generalregister zu den Banden" 21-50 den. 's-Gravenhage: Martinus Nijhoff. (1908-1936), in ZFVR 50:333-378, has bibliog­ 2. Aanvullende Literat""rlijst voor het adatrecht raphies of articles and monographs concerning van Indonesie (1927,1 Sept. 1937). In Adatrerht­comparative jurisprudence, and comparative legal bundei (1938) 40:295-451. ethnology. It also lists book reviews, and contains 3. Schiller, A. Arthur (1936). Native Customary an author index. Law in the Netherlands Indies. (Pacific Affairs See also Kohler-Bibliographie (1931). Bearbeitet Bibliographies No. II) Pacific Affairs 9 (2):254­ VOn Victoria Eschke und Arthur Kohler. Berlin: 263. Grunewald. 4. Haar, Barend ter (1939). Beginselen en Stelsel van More recent studies published in ZFVR are het Adatrecht has partially annotated bibliog­ distinguished from earlier contributions by a more raphy on adat law. For English translation see thorough and critical method. (Cf. the series of Haar (1948) Adat Law in indonesia. New York: essays dealing with "early history of property," Institute of Pacific Relations, bibliography pp. next ten references:) 228-248. Wolfgang Bauer 1961 Asia S. Section: "Indonesia." in The Future 0/ Customary Joseph Henninger 1959 Middle East Law in Africa, ed. by the Afrika Instituut-Studie­ Irene Hilgers-Hesse 1961 Oceania centrum-Leiden in collaboration with the Royal Heinz KeIrn 1962 Oceania Tropical Institute, Amsterdam (1956) pp. 300­ Gerard Koch 1959 Oceania 305. Leiden: Universitaire Pers Leiden. Irm Lang 1963 South America For good review articles sec L. Adam (1948), and RUdiger Schott 1957 Oceania B. Ter Haar (1939). RUdiger Schott 1957 North America Riidiger Schott 1959 Africa B. THE GERMAN SOURCES. References to gen­ Waldemar Stohr 1963 North America eral works in German pertaining to the ethnography of law and comparative jurisprudence (theoretical, C. THE AFRICAN SOURCES. Extensive bibliog­ methodological, encyclopaedic) and to historical­ raphies of works in African customary law, as well descriptive studies in legal folklore, early codified law as the Administration's law, can be found in The (including Biblical, Talmudic, and Islamic law) are Future of Customary Law in Africa, Leiden, 1956; compiled iJl: Afrika Instituut-Studiecentrum-Leiden (in collabora­ 1. Adam, Leonhard (1937). "Quellennachweis" (to tion with the Royal Tropical Institute, Amsterdam). the article "Ethnologische Rechtsforschung"­ This volume contains papers presented at an in­ which is still the best review of the development ternational symposium held at Amsterdam in April of German legal erhnology). In Preuss, Konrad 1955. The problem of adapting native customary law Theodor (ed.), Lehrbuch der Volkerk"nde pp. to changing sociopolitical conditions was emphasized. 302-306. Stuttgart: F. Enke. The bibliographic lists cover the Belgian Congo, the British Territories, French Territories, Portuguese 2. Zeitschrift fiir Vergleichende Rechtswissenschaft Territories, the Union of South Africa, as well as (1878 to date). Indonesian customary law. The lists include references It did nOt seem worthwhile to provide annota­ to other bibliographies, for example, p. 291, G. H. tions to the hundreds of articles in this periodical Bousquet (1952), "Pour I'etude des droits berberes," that deal with primitive, Chinese, Indian, early in Hesperis. European (Celtic, Germanic, Greek, Roman), See also C. K. Meek (1948), Colonial Law: A Hebrew, and Islamic law, with legal folklore, and Bibliography. Oxford University Press for Nuffield with a variety of topical matters. Ethnological College. This is particularly concerned with indig­ contributions suffer from inadequate methodology, enous African systems of law and land tenure. It is first cvolutionistic (Kohler et al.), later "culture­ arranged by area and topic. Titles are listed under historic" (Trimborn et at.) and from serious the­ topics. such as comparative law, primitive and ancient oretical faults. Alrhough only a few articles law, Hindu, and Mohammedan. contain information that can be used in an­ We have made no attempt to include the mass of thropological research on legal behavior, the series recent publications on developing African law such constitutes a valuable source for
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