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Sally Falk Moore - One of the best experts on this subject based on the ideXlab platform.

  • certainties undone fifty turbulent years of Legal Anthropology 1949 1999
    Journal of the Royal Anthropological Institute, 2001
    Co-Authors: Sally Falk Moore
    Abstract:

    This article reviews the broadening scope of anthropological studies of law between 1949 and 1999, and considers how the political background of the period may be reflected in anglophone academic perspectives. At the mid-century, the Legal ideas and practices of non-Western peoples, especially their modes of dispute management, were studied in the context of colonial rule. Two major schools of thought emerged and endured. One regarded cultural concepts as central in the interpretation of law. The other was more concerned with the political and economic milieu, and with self-serving activity. Studies of law in non-Western communities continued, but from the 1960s and 1970s a new stream turned to issues of class and domination in Western Legal institutions. An analytic advance occurred when attention turned to the fact that the state was not the only source of obligatory norms, but coexisted with many other sites where norms were generated and social control exerted. This heterogeneous phenomenon came to be called ‘Legal pluralism’. The work of the half-century has culminated in broadly conceived, politically engaged studies that address human rights, the requisites of democracy, and the obstacles to its realization.

  • Certainties Undone: Fifty Turbulent Years of Legal Anthropology, 1949-1999 [*]
    Journal of the Royal Anthropological Institute, 2001
    Co-Authors: Sally Falk Moore
    Abstract:

    This article reviews the broadening scope of anthropological studies of law between 1949 and 1999, and considers how the political background of the period may be reflected in anglophone academic perspectives. At the mid-century, the Legal ideas and practices of non-Western peoples, especially their modes of dispute management, were studied in the context of colonial rule. Two major schools of thought emerged and endured. One regarded cultural concepts as central in the interpretation of law. The other was more concerned with the political and economic milieu, and with self-serving activity. Studies of law in non-Western communities continued, but from the 1960s and 1970s a new stream turned to issues of class and domination in Western Legal institutions. An analytic advance occurred when attention turned to the fact that the state was not the only source of obligatory norms, but coexisted with many other sites where norms were generated and social control exerted. This heterogeneous phenomenon came to be called ‘Legal pluralism’. The work of the half-century has culminated in broadly conceived, politically engaged studies that address human rights, the requisites of democracy, and the obstacles to its realization.

Kaius Tuori - One of the best experts on this subject based on the ideXlab platform.

  • Law and Rationality : A Historiographical Survey of the Understanding of Motivation and Human Agency in Early Legal Anthropology
    2019
    Co-Authors: Kaius Tuori
    Abstract:

    Resume : Cet article se propose d'examiner la maniere dont la science juridique du xixe siecle a conceptualise et traite l'alterite en droit, en donnant l'exemple de phenomenes juridiques tels que l'ordalie et la vengeance pour illustrer la maniere dont le concept de rationalite juridique a evolue au moment du developpement de l'anthropologie juridique et voir comment il influence encore notre comprehension de l'alterite juridique. Il fournit de nouvelles informations sur la maniere dont les notions de raison et de rationalite pourraient evoluer dans le cadre de l'etude d'institutions juridiques specifiques, les erudits utilisant l'histoire medievale europeenne pour faciliter la comprehension des cultures autochtones. Abstract : The purpose of this article is to examine how nineteenth-century Legal science conceptualized and dealt with otherness in law, with examples of Legal phenomena such as ordeal and blood revenge to illustrate how the concept of Legal rationality evolved in the early Legal Anthropology and how it still influences our understanding of Legal otherness. It provides new insights on how, in the treatment of specific Legal institutions, the ideas of reason and rationality could change as scholars used European medieval history to aid in the understanding of indigenous cultures. Mots-cles : Anthropologie juridique – primitivisme – realisme juridique – droit indigene – eurocentrisme – vengeance – vendetta – ordalie Keywords : Legal Anthropology – primitivism – Legal realism – indigenous law – Eurocentrism – revenge – blood feud – ordeal

  • american Legal realism and Anthropology
    Law and Social Inquiry-journal of The American Bar Foundation, 2017
    Co-Authors: Kaius Tuori
    Abstract:

    The purpose of this article is to analyze the interdisciplinary cooperation and interaction between American Legal realists and anthropologists during the interwar period. Using scholarly publications and manuscripts as its sources, it argues that despite the lack of recognition in earlier studies, there were transfers of important methodological and substantive influences that were crucial to the creation of Legal Anthropology as it is known today, as well as the whole field of law and society studies. Writers of the era like Karl N. Llewellyn, E. Adamson Hoebel, Felix S. Cohen, Franz Boas, and Bronislaw Malinowski utilized interdisciplinary influences to criticize scholarly formalism as well as social and political conservatism, seeking to replace conceptual structures with scientific facts gained from studies.

  • Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology
    2014
    Co-Authors: Kaius Tuori
    Abstract:

    Preface, Chapter 1. Introduction, Chapter 2. Blood: Law as Culture, Chapter 3. Sex: The Fascination of Primitive Law, Chapter 4. Magic: The Realist Revolution, Chapter 5. The Banality of Pluralism, Chapter 6. Conclusions, Bibliography, Index

Gloria Ll Lee - One of the best experts on this subject based on the ideXlab platform.

Bertram Turner - One of the best experts on this subject based on the ideXlab platform.

  • Exploring avenues of research in Legal pluralism: forward-looking perspectives in the work of Franz von Benda-Beckmann
    The Journal of Legal Pluralism and Unofficial Law, 2015
    Co-Authors: Bertram Turner
    Abstract:

    This introduction to the special issue in commemoration of Franz von Benda-Beckmann revisits central theses in his intellectual oeuvre, which spans more than 45 years. Some of his publications long ago acquired the status of classics in the field of Legal Anthropology and studies in Legal pluralism. This article asks how we can profit from his uncanny ability to identify the next decisive problems and emerging challenges to the analysis of law in society. This introduction distils out of Franz von Benda-Beckmann's rich legacy a number of forward-looking perspectives that constitute valuable contributions to ongoing and future-oriented debates. Developments in the Legal sphere that increasingly have attracted interest in Legal Anthropology are foregrounded. The literature discussed in the article provides a wide array of arguments useful for the exploration of new horizons within the anthropological study of Legal phenomena.

Paulo Ilich Bacca - One of the best experts on this subject based on the ideXlab platform.

  • Indigenizing International Law and Decolonizing the Anthropocene: Genocide by Ecological Means and Indigenous Nationhood in Contemporary Colombia
    Maguaré, 2019
    Co-Authors: Paulo Ilich Bacca
    Abstract:

    This article displays the idea of indigenizing international law by recognizing indigenous law as law. Transforming international law becomes possible by directing indigenous jurisprudences to it —I call this process inverse Legal Anthropology—. Based on inverse Legal Anthropology, i present a case study on the ongoing genocide of Colombian indigenous peoples in the age of the global ecology of the Anthropocene. I also explain the political consequences of valuing indigenous cosmologies regarding their territories. While mainstream representations of indigenous territories include the topographic and biologic dimensions of the earth’s surface, they forget the pluriverse of organic and inorganic beings that make and negotiate their social living together with indigenous peoples, and their ecological and spiritual relationships.

  • Indigenizing International Law: Inverse Legal Anthropology in the Age of Jurisdictional Double Binds
    2018
    Co-Authors: Paulo Ilich Bacca
    Abstract:

    This thesis explores the encounter between Western and Indigenous jurisdictions, paying particular attention to the way in which post-colonial rule always entails resistance, hybridity, and accommodation. By studying the emancipatory potential of indigenous thought as a basis for the transformation of international law, the thesis examines both the strategies used by international law to colonize indigenous jurisdictions, and the practices of resistance used by indigenous peoples to keep their own laws alive. In so doing, it explores the double bind that exists between silencing and listening to indigenous jurisprudences, drawing attention to the interaction between indigenous and non-indigenous worlds. Taking into consideration indigenous cosmologies and social movements in the Andean region with a special emphasis on Aymara history during colonial times, Nasa history in the course of the twentieth century in Colombia, and the contemporary Colombian indigenous movement, I expose the ambiguous role of international law in recognizing indigenous rights and the need to think differently about indigenous Legal thinking and practice. Towards this goal, the thesis proposes the idea of indigenizing international law by considering indigenous law as law. It is by directing indigenous jurisprudences to the framework of international law and by recognizing the constitutive relationship between Western and indigenous accounts that the possibility of transforming international law becomes possible. This process through which 'we' can learn from indigenous jurisprudences in order to change 'our' laws is what I call in this thesis inverse Legal Anthropology. In indigenizing international law using an inverse Legal Anthropology, the thesis remarks the power of indigenous thinking to counteract international law's colonial legacies and indigenous peoples' ongoing genocide. Three empirical cases, written in the ethnographic genre, illustrate the main concepts that underpin my analysis. The first case study, exemplifies the complexities of the double bind between colonial domination and indigenous resistance, having as a backdrop for discussion the work of Anarchist sociologist Silvia Rivera Cusicanqui. The second case study presents an archival exploration of what it means to perform an inverse Legal Anthropology based on the life and work of Manuel Quintin Lame-a Nasa indigenous leader who was an active user and creator of law. The third case study displays the indigenization of international law by narrating the history of the contemporary Colombian indigenous movement through the voices of Taita Victor Jacanamijoy and Luis Evelis Andrade, former vice-president and president respectively of the National Indigenous Organization of Colombia, ONIC.