Law and Anthropology: A Reader / Edition 1

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Overview

In Law and Anthropology: A Reader, Sally Falk Moore, has created a collection that breaks down disciplinary fences. The Reader brings together historical classics of political thought and examples of contemporary work from social scientists and lawyers. In presenting this varied range of material, Moore offers an overview of the field of law and anthropology: its development, its present, and potential future courses.
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Product Details

Table of Contents

Pt. I Early themes that reappear in new forms 5
1 Plato, Augustine, Aquinas, and others, asking what is morally right : essays on natural law, ideal law, and human law 7
The International Bill of Rights
Culture and rights
2 Charles-Louis Montesquieu : law as an expression of a particular cultural complex 12
The spirit of the laws
Local knowledge
3 Henry Maine : the contrast between archaic law and modern law 20
Criticism of Maine's theory
4 Lewis Henry Morgan : evolutionist, ethnographer, lawyer 24
The historical place of property
5 Karl Marx : the mode of production at the base - law as part of the superstructure 28
Selected writings
Law and economic organization
6 Emile Durkheim : collective consciousnesses and law 40
On law
Disciplinary power and subjection
Law and society in modern India
Modernity and self identity
7 Max Weber : the evolution from irrationality to rationality in law 53
The economy and social norms
The theory of communicative action
Law and social science
Equity and discretion in a modern Islamic legal system
Pt. II The early classics of legal ethnography : the real thing - fieldwork on law, rules, cases, and disputes 65
Introduction to the early classics of legal ethnology 67
8 Crime and custom in savage society 77
9 A handbook of Tswana law and custom 80
10 The judicial process among the Barotse of Northern Rhodesia 84
11 Justice and judgement among the Tiv 87
12 Kapauku Papuans and their law 95
Pt. III Present thematic approaches 101
Introduction to current research and interpretation in legal anthropology 103
13 Objects of property and subjects of politics 111
14 Where it hurts : Indian material for an ethics of organ transplantation 124
15 Disputing over livestock in Sardinia 135
16 Consensus and suspicion : judicial reasoning and social change in an Indonesian society 1960-1994 154
17 Identity in Mashpee 178
18 Locating a reinvigorated Kentish identity 206
19 Academic narratives : models and methods in the search for meanings 221
20 Human rights and nation building 235
21 Rights, religion and community : approaches to violence against women in the context of globalization 249
22 Regional practices and the marginalization of law : informal financial practices of small businesses in Taiwan 266
23 Enacting law through social practice : sanctuary as a form of resistance 271
24 Deciding who gets in : decision-making by immigration inspectors 289
25 Multiculturalism, individualism and human rights : romanticism, the enlightenment and lessons from Mauritius 306
26 Governing economic globalization : global legal pluralism and European Union law 313
27 Civilization and its negotiations 330
28 Certainties undone : fifty turbulent years of legal anthropology, 1949-999 346
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