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Comparative Law and Anthropology
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book''s expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
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Critical Acclaim
Contributors
Contents
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This cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is "ground up" without regard to unified paradigms of research or objects of study.
Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook’s expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies.
This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.
Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook’s expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies.
This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.
Critical Acclaim
‘. . . Comparative Law and Anthropology offers a diverse pool of writings connected to anthropology and law that are timely and relatable. The volume covers many geographical areas of the world either in in-depth studies or through shorter examples related to certain legal fields. In addition, although a majority of the authors deal with indigenous or local law, there are also many other subjects covered from intellectual property to religious freedom.’
– Elin Hofverberg, International Journal of Legal Information
– Elin Hofverberg, International Journal of Legal Information
Contributors
Contributors: U.D. Acharya, C. Bell, J. Blake, S. Brink, E. Darian-Smith, R. Francaviglia, M. Lazarus-Black, P.G. McHugh, S.F. Moore, E.N. Moustaira, L. Nader, J.A.R. Nafziger, M. Novakovic, R. Price, O.C. Ruppel, K. Ruppel-Schlichting, J. Sánchez Cordero, W.B. Shipley, R. Tejani, A. Telesetsky, K. Thomas
Contents
Contents:
1. Introduction to comparative law and anthropology
James A.R. Nafziger
PART I PAST, PRESENT AND FUTURE
2. Law and anthropology: research traditions
Sally Falk Moore
3. Whose comparative law? A global perspective
Laura Nader
PART II COMPLEXITY, LEGAL PLURALISM AND TOTALITY OF LEGAL IDEAS
4. Anthropology on trial: the Hindmarsh Island Bridge controversy (1993–2001)
P.G. McHugh
5. First Nation control over archeological sites: contemporary issues in heritage law, policy and practice
Catherine Bell
6. The hybridity of law in Namibia and the role of community law in the Southern African Development Community (SADC)
Oliver C. Ruppel and Katharina Ruppel-Schlichting
7. Legal pluralism – linking law and culture in natural resource co-management and environmental compliance
Anastasia Telesetsky
PART III SUBSTANCE OF LEGAL SCHEMES OF MEANING AND SOCIAL SIGNIFICANCE OF LAW
8. Anthropology in international law: the case of safeguarding intangible cultural heritage
Janet Blake
9. Cultural landscapes significant to indigenous peoples
James A.R. Nafziger
10. Governance disputes involving First Nations in Canada: culture, custom, and dispute resolution outside of the Indian Act
William B. Shipley
PART IV COSMOPOLITAN COMPARATIVE PERSPECTIVES
11. Images of Muhammad: religious law and freedom of expression
Richard Francaviglia
12. Narratives of laws, narratives of peoples
Elina N. Moustaira
PART V HISTORICAL ORIENTATION
13. Law, society and landscape in early Scandinavia
Stefan Brink
14. Transgenic maize: the Mexican cultural battle
Jorge Sánchez Cordero
15. A trinity of culture, law and politics: legal anthropology of the bonded labor system in Nepal
Upendra D. Acharya
PART VI CONTEXTUAL DIFFERENCES
16. Global law firms in real-world contexts: practical limitations and ethical implications
Eve Darian-Smith
17. An historical, cultural and political perspective of corruption in the Balkans
Marko Novaković
PART VII IN-DEPTH FIELD RESEARCH
18. The anthropologist as expert witness: a personal account
Richard Price
19. Intellectual property law in comparative perspective: the case of trademark “piracy” in Guatemala
Kedron Thomas
20. The voice of the stranger: foreign LL.M. students’ experiences of culture, law and pedagogy in US law schools
Mindie Lazarus-Black
PART VIII RELATIONSHIP WITH THE LEGAL ANTHROPOLOGICAL TRADITION AND ITS THEORETICAL AND METHODOLOGICAL CONCERNS
21. Distance in law and globalization: armchair anthropology revisited
Riaz Tejani
Index
1. Introduction to comparative law and anthropology
James A.R. Nafziger
PART I PAST, PRESENT AND FUTURE
2. Law and anthropology: research traditions
Sally Falk Moore
3. Whose comparative law? A global perspective
Laura Nader
PART II COMPLEXITY, LEGAL PLURALISM AND TOTALITY OF LEGAL IDEAS
4. Anthropology on trial: the Hindmarsh Island Bridge controversy (1993–2001)
P.G. McHugh
5. First Nation control over archeological sites: contemporary issues in heritage law, policy and practice
Catherine Bell
6. The hybridity of law in Namibia and the role of community law in the Southern African Development Community (SADC)
Oliver C. Ruppel and Katharina Ruppel-Schlichting
7. Legal pluralism – linking law and culture in natural resource co-management and environmental compliance
Anastasia Telesetsky
PART III SUBSTANCE OF LEGAL SCHEMES OF MEANING AND SOCIAL SIGNIFICANCE OF LAW
8. Anthropology in international law: the case of safeguarding intangible cultural heritage
Janet Blake
9. Cultural landscapes significant to indigenous peoples
James A.R. Nafziger
10. Governance disputes involving First Nations in Canada: culture, custom, and dispute resolution outside of the Indian Act
William B. Shipley
PART IV COSMOPOLITAN COMPARATIVE PERSPECTIVES
11. Images of Muhammad: religious law and freedom of expression
Richard Francaviglia
12. Narratives of laws, narratives of peoples
Elina N. Moustaira
PART V HISTORICAL ORIENTATION
13. Law, society and landscape in early Scandinavia
Stefan Brink
14. Transgenic maize: the Mexican cultural battle
Jorge Sánchez Cordero
15. A trinity of culture, law and politics: legal anthropology of the bonded labor system in Nepal
Upendra D. Acharya
PART VI CONTEXTUAL DIFFERENCES
16. Global law firms in real-world contexts: practical limitations and ethical implications
Eve Darian-Smith
17. An historical, cultural and political perspective of corruption in the Balkans
Marko Novaković
PART VII IN-DEPTH FIELD RESEARCH
18. The anthropologist as expert witness: a personal account
Richard Price
19. Intellectual property law in comparative perspective: the case of trademark “piracy” in Guatemala
Kedron Thomas
20. The voice of the stranger: foreign LL.M. students’ experiences of culture, law and pedagogy in US law schools
Mindie Lazarus-Black
PART VIII RELATIONSHIP WITH THE LEGAL ANTHROPOLOGICAL TRADITION AND ITS THEORETICAL AND METHODOLOGICAL CONCERNS
21. Distance in law and globalization: armchair anthropology revisited
Riaz Tejani
Index
