The Anthropology of Justice PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Anthropology of Justice PDF full book. Access full book title The Anthropology of Justice by Lawrence Rosen. Download full books in PDF and EPUB format.
Author: Lawrence Rosen
Publisher: Cambridge University Press
ISBN: 9780521367400
Category : Law
Languages : en
Pages : 136
Get Book Here
Book Description
Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Author: Lawrence Rosen
Publisher: Cambridge University Press
ISBN: 9780521367400
Category : Law
Languages : en
Pages : 136
Get Book Here
Book Description
Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Author: Michael Goddard
Publisher: Berghahn Books
ISBN: 1845459229
Category : Social Science
Languages : en
Pages : 333
Get Book Here
Book Description
Papua New Guinea's village court system was introduced in 1974, partly in an effort to overcome the legal, geographical, and social distance between village societies and the country's formal courts. There are now more than 1100 village courts all over PNG, hearing thousands of cases each week. This anthropological study is grounded in ethnographic research on three different village courts and the communities they serve. It also explores the colonial historical background to the establishment of the village court system, and the local and global processes influencing the efforts of village courts to deal with everyday disputes among grassroots Melanesians.
Author: Lia Kent
Publisher: Routledge
ISBN: 1000084744
Category : Law
Languages : en
Pages : 401
Get Book Here
Book Description
Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between ‘before’ and ‘after’ war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.
Author: Mark Goodale
Publisher: NYU Press
ISBN: 1479836850
Category : Social Science
Languages : en
Pages : 429
Get Book Here
Book Description
An introduction to the anthropology of law that explores the connections between law, politics, and technology From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.
Author: Fernanda Pirie
Publisher: Oxford University Press, USA
ISBN: 0199696845
Category : Law
Languages : en
Pages : 281
Get Book Here
Book Description
"Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship.
Author: Laura Nader
Publisher: Univ of California Press
ISBN: 9780520936188
Category : Social Science
Languages : en
Pages : 286
Get Book Here
Book Description
Laura Nader, an instrumental figure in the development of the field of legal anthropology, investigates an issue of vital importance for our time: the role of the law in the struggle for social and economic justice. In this book she gives an overview of the history of legal anthropology and at the same time urges anthropologists, lawyers, and activists to recognize the centrality of law in social change. Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and passionately argues that the atrophy of the plaintiff's power during this period represents a profound challenge to justice and democracy. Taking into account the vast changes wrought in both anthropology and the law by globalization, Nader speaks to the increasing dominance of large business corporations and the prominence of neoliberal ideology and practice today. In her discussion of these trends, she considers the rise of the alternative dispute resolution movement, which since the 1960s has been part of a major overhaul of the U.S. judicial system. Nader links the increasing popularity of this movement with the erosion of the plaintiff's power and suggests that mediation as an approach to conflict resolution is structured to favor powerful--often corporate--interests.
Author: Othon Alexandrakis
Publisher: Indiana University Press
ISBN: 0253023262
Category : History
Languages : en
Pages : 289
Get Book Here
Book Description
What drives people to take to the streets in protest? What is their connection to other activists and how does that change over time? How do seemingly spontaneous activist movements emerge, endure, and evolve, especially when they lack a leader and concrete agenda? How does one analyze a changing political movement immersed in contingency? Impulse to Act addresses these questions incisively, examining a wide range of activist movements from the December 2008 protests in Greece to the recent chto delat in Russia. Contributors in the first section of this volume highlight the affective dimensions of political movements, charting the various ways in which participants coalesce around and belong to collectives of resistance. The potent agency of movements is highlighted in the second section, where scholars show how the emerging actions and critiques of protesters help disrupt authoritative political structures. Responding to the demands of the field today, the novel approaches to protest movements in Impulse to Act offer new ways to reengage with the traditional cornerstones of political anthropology.
Author: Alain Supiot
Publisher: Verso Books
ISBN: 1786630621
Category : Social Science
Languages : en
Pages : 372
Get Book Here
Book Description
A provocative investigation of how law shapes everyday life In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become “flat” and undifferentiated, regulated only by supposed “laws” of science and the economy, and peopled by contract-makers driven only by the calculation of their individual interests. Such a liberal perspective is nothing but the flipside of the notion of the withering away of law and the state, promoted this time not under the banner of the struggle between classes, but rather in the name of the free competition between sovereign individuals. Supiot’s exploration of the development of the legal subject—the individual as formed through a dense web of contracts and laws—is set to become a classic work of social theory.
Author: Laura C. Fulginiti
Publisher: John Wiley & Sons
ISBN: 111946997X
Category : Medical
Languages : en
Pages : 246
Get Book Here
Book Description
A guide to the interface between forensic anthropology and the United States legal system Designed for forensic anthropologists at all levels of expertise, Forensic Anthropology and the United States Judicial System offers a comprehensive examination of how to effectively present osteological analyses, research and interpretations in the courtroom. Written by noted experts, the book contains an historical perspective of the topic, a review of current legislation that affects expert testimony as well as vital information on courtroom procedure and judicial expectation of experts. A comprehensive book, Forensic Anthropology and the United States Judicial System explains how to prepare case reports and offers suggestions for getting ready for pre-trial interviews. The book also includes detailed information on affidavits, fee structures and dealing with opposing experts. This book is part of the popular Wiley – American Association for Forensic Sciences series and: Offers a unique volume that addresses the interface between forensic anthropology and the legal system Contains detailed guidelines for expert testimony by forensic anthropologists with all levels of experience, from beginner to expert Includes information from the perspective of the Judiciary in terms of process and expectations of the Court Shows how to maintain independence from, and collaborate with other experts Presents detailed explanations of current legislation impacting forensic science Forensic Anthropology and the United States Judicial System is an information-filled guide for practitioners of the rapidly growing field that integrates forensic sciences and the judicial system.
Author: Lawrence Rosen
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293
Get Book Here
Book Description
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
