LAWYERS AND SAVAGES ANCIENT HISTORY AND LEGAL REALISM IN THE MAKING OF LEGAL ANTHROPOLOGY GLASSHOUSE BOOKS

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Lawyers And Savages

Author : Kaius Tuori
ISBN : 9781317815983
Genre : History
File Size : 28.8 MB
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Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
Category: History

The Cheyenne Way

Author : Karl Nickerson Llewellyn
ISBN : 1575887177
Genre : History
File Size : 29.8 MB
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The Cheyenne Indians are one of the most famous tribes of the Great American Plains. While they lived a nomadic, semi-pastoral, hunting existence, the Cheyenne still abided by a clear and well-organized legal and social system. In an effort to examine the way of the Cheyenne more closely, authors Karl N. Llewellyn (a specialist in law) and E. Adamson Hoebel (an anthropologist) decided to perform a field investigation in the summer of 1936. The result of their work was The Cheyenne Way, an illuminating study of the guidance of group conduct without violence in a primitive society having no organized government. It presents 53 cases recorded in the words of Cheyenne informants, ranging from the crime of murder to breaches upon domestic relations. The authors adopted the inductive case-method of American law schools as an exploratory technique to probe Cheyenne jurisprudence. Because the tribe had a non-literate culture, it was necessary to resort to extensive field work to find the case histories recorded only in the memories of tribal storytellers. Prior to delving into the cases, Llewellyn and Hoebel detail the historical background, origin, and development of the Council of Forty-four, the tribal council of civil chiefs that was not only the supreme policy-making body, but which also possessed many judicial functions. After discussing the cases dealing with the Council, the volume explores other elements of the Cheyenne legal system as they related to the military societies, homicide and the supernatural, marriage and sex, property and inheritance, and informal pressures and the integration of the individual. The Cheyenne Way created an abundance of discussion in the legal, academic, and North American Indian communities when it was originally published in 1941, and the relevance of this exceptional work endures for members of these communities today
Category: History

Sapiens

Author : Yuval Noah Harari
ISBN : 9780062316103
Genre : Science
File Size : 85.66 MB
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New York Times Bestseller A Summer Reading Pick for President Barack Obama, Bill Gates, and Mark Zuckerberg From a renowned historian comes a groundbreaking narrative of humanity’s creation and evolution—a #1 international bestseller—that explores the ways in which biology and history have defined us and enhanced our understanding of what it means to be “human.” One hundred thousand years ago, at least six different species of humans inhabited Earth. Yet today there is only one—homo sapiens. What happened to the others? And what may happen to us? Most books about the history of humanity pursue either a historical or a biological approach, but Dr. Yuval Noah Harari breaks the mold with this highly original book that begins about 70,000 years ago with the appearance of modern cognition. From examining the role evolving humans have played in the global ecosystem to charting the rise of empires, Sapiens integrates history and science to reconsider accepted narratives, connect past developments with contemporary concerns, and examine specific events within the context of larger ideas. Dr. Harari also compels us to look ahead, because over the last few decades humans have begun to bend laws of natural selection that have governed life for the past four billion years. We are acquiring the ability to design not only the world around us, but also ourselves. Where is this leading us, and what do we want to become? Featuring 27 photographs, 6 maps, and 25 illustrations/diagrams, this provocative and insightful work is sure to spark debate and is essential reading for aficionados of Jared Diamond, James Gleick, Matt Ridley, Robert Wright, and Sharon Moalem.
Category: Science

Plunder

Author : Ugo Mattei
ISBN : 9780470695807
Genre : Social Science
File Size : 40.64 MB
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Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?
Category: Social Science

Law Memory Violence

Author : Stewart Motha
ISBN : 9781317569213
Genre : Law
File Size : 57.99 MB
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The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
Category: Law

Social Theory Of Fear

Author : Geoffrey R. Skoll
ISBN : 9780230103498
Genre : Political Science
File Size : 29.13 MB
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Fear has long served elites. They rely on fear to keep and expand their privileges and control the masses. In the current crisis of the capitalist world system, elites in the United States, along with other central countries, promote fear of crime and terrorism. They shaped these fears so that people looked to authorities for security, which permitted extension of apparatuses of coercion like police and military forces. In the face of growing oppression, rebellion against elite hegemony remains possible. This book offers an analysis of the crisis and strategies for rebellion. This ebook is participating in an experiment and is available Open Access under the Creative Commons Attribution-Non Commercial-No Derivatives 3.0 Unported (CC BY-NC-ND 3.0) licence. Users are free to disseminate and reuse the ebook. The licence does not however permit commercial exploitation or the creation of derivative works without specific permission. To view a copy of this license visit http://creativecommons.org/licenses/by-nc-nd/3.0. For more information about the experiment visit our FAQs
Category: Political Science

A Bird That Flies With Two Wings

Author : Miranda Forsyth
ISBN : 9781921536793
Genre : Law
File Size : 70.60 MB
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This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.
Category: Law

Wild Ideas

Author : David Rothenberg
ISBN : 145290233X
Genre :
File Size : 73.10 MB
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Category:

Imagining Law

Author : Dale Stephens
ISBN : 9781925261318
Genre : Law
File Size : 58.19 MB
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By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.
Category: Law

The Judicial Process

Author : E. W. Thomas
ISBN : 0511128622
Genre : Law
File Size : 49.25 MB
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In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Category: Law