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Journal articles on the topic 'Law and anthropology'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Griffiths, Anne. "Law, Space, and Place: Reframing Comparative Law and Legal Anthropology." Law & Social Inquiry 34, no. 02 (2009): 495–507. http://dx.doi.org/10.1111/j.1747-4469.2009.01154.x.

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In her book Mapping Marriage Law in Spanish Gitano Communities (2006), Susan Drummond challenges the disciplinary perspectives of comparative law and legal anthropology in her study of Gitano marriage practices. By reframing the way in which the “local” or “locale” is viewed—through an ethnographic study of Gitanos—she displaces the traditional boundaries ascribed to comparative law, with its focus on taxonomy and structure, and with legal anthropology's approach to culture. Her study not only elucidates how national and transnational law intersect, but highlights the complex interconnections between local law and the larger systems of law that attempt to regulate it. This detailed interdisciplinary depiction of the spatial and temporal dimensions of law demonstrates the importance of taking account of scale, projection, and representation that requires both comparative law and legal anthropology to rethink the nature of space and place and their relationship with law from both their macro‐ and microperspectives.

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Koch, Insa. "‘Turning Human Beings into Lawyers’." Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 99–104. http://dx.doi.org/10.3167/jla.2018.020210.

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Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

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3

Sippel, Harald. "Law and Anthropology." Journal der Juristischen Zeitgeschichte 16, no. 1 (February 11, 2022): 31–32. http://dx.doi.org/10.1515/jjzg-2022-0010.

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4

Rose, Laurel, and Rene Kuppe. "Law and Anthropology." American Journal of Comparative Law 37, no. 2 (1989): 415. http://dx.doi.org/10.2307/840177.

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5

Das Acevedo, Deepa. "What’s Law Got To Do with It?: Anthropological Engagement with Legal Scholarship." Law & Social Inquiry 48, no. 1 (February 2023): 1–13. http://dx.doi.org/10.1017/lsi.2022.39.

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Among law and society fields, legal anthropology has experienced markedly high highs and low lows. Its parent disciplines, law and anthropology, have fluctuated from intense and productive engagement with one another to mutual disregard for each other’s ways of knowing. Most commentary on the trajectory of this interdisciplinary relationship has bemoaned anthropology’s (ir)relevance to legal scholarship, but this introduction and the symposium essays that follow invert the usual narrative by asking how—and why—formal law might matter to anthropology. The symposium is part of a dual special issue that grows out of a multi-year conversation between legal anthropologists representing varied institutional and intellectual backgrounds. Drawing on that conversation and on the essays it has produced, this introduction argues that anthropologists would do well to abandon their prepositional attitude to formal law and, instead, to build on the strengths of anthropological analysis by “cultivating attentiveness” to things legal.

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6

Merry, Sally Engle. "‘Does Law Matter to Anthropology?’." Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 86–91. http://dx.doi.org/10.3167/jla.2018.020208.

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This provocative question became the basis for a spirited discussion at the 2017 meeting of the American Anthropological Association. My first reaction, on hearing the question, was to ask, does anthropology care whether it matters to law? As a discipline, anthropology and the anthropology of law are producing excellent scholarship and have an active scholarly life. But in response to this forum’s provocation article, which clearly outlines the lack of courses on law and anthropology in law schools, I decided that the relevant question was, why doesn’t anthropology matter more to law than it does? The particular, most serious concern appears to be, why are there not more law and anthropology courses being offered in law schools? It is increasingly common for law faculty in the United States to have PhDs as well as JDs, so why are there so few anthropology/law PhD/JD faculty? Moreover, as there is growing consensus that law schools instil a certain way of thinking but lack preparation for the practice of law in reality and there is an explosion of interest in clinical legal training, why does this educational turn fail to provide a new role of legal anthropology, which focuses on the practice of law, in clinical legal training?

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7

Rosen, Lawrence. "Reconciling Anthropology and Law." Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 105–8. http://dx.doi.org/10.3167/jla.2018.020211.

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When I was thinking of going to law school, I went to speak with a law professor at the university where I had done my PhD. ‘Well, Mr. Rosen,’ he said, ‘the thing about law school is it will teach you how to think.’ I kept waiting for the other shoe to drop: think about law, think like a lawyer. No, he meant think – period. With all due humility, I was at that time coming from the Institute for Advanced Study in Princeton, NJ, and should like to imagine that I had actually learned a few things while doing my doctorate at his own university. In the forty years since, while serving as an adjunct professor of law and visiting professor at several such institutions, I have also encountered the occasional law scholar who, in a moment of academic noblesse oblige, has regarded my anthropology credentials as quaint but insufficient evidence that one has the tough-minded capacity that flows from a legal education. The lawyers may pay some attention to a few other disciplines, but, even though they may have given in to the allure of economics and bolstered their intellectual self-image with the odd philosopher or historian, the question remains why the law schools still tend to regard anthropology as almost entirely irrelevant.

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8

Levine, Daniel H., and Laura Nader. "Harmony, Law, and Anthropology." Michigan Law Review 89, no. 6 (May 1991): 1766. http://dx.doi.org/10.2307/1289503.

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9

Merry, Sally Engle. "Anthropology and International Law." Annual Review of Anthropology 35, no. 1 (October 2006): 99–116. http://dx.doi.org/10.1146/annurev.anthro.35.081705.123245.

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10

Comaroff, John. "‘Does Anthropology Matter to Law?’." Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 72–78. http://dx.doi.org/10.3167/jla.2018.020206.

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Does anthropology matter to law? As phrased, this provocation, worthy of address though it certainly is, may ultimately be unanswerable. The reason? Because, like all questions of this sort, it harbours others within it. Precisely which ‘anthropology’? ‘Law’ as what? As everyday practice, as theorised praxis, as pedagogy, as politics by other means? What, moreover, counts as mattering? And from where, in particular, is the provocation being posed? All these questions, patently, make a difference.

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11

Riley, Mary. "Anthropology and Law:Anthropology and Law." PoLAR: Political and Legal Anthropology Review 27, no. 2 (November 2004): 145–49. http://dx.doi.org/10.1525/pol.2004.27.2.145.

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12

Kingsley, Jeremy J., and Kari Telle. "Does Anthropology Matter to Law?" Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 61–71. http://dx.doi.org/10.3167/jla.2018.020205.

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At a time of ‘interdisciplinary’ scholarly debate and ‘transdisciplinary’ pedagogy, some disciplines appear more siloed and tone deaf to each other than ever before. This article will consider why law and anthropology as disciplines offer almost no impact upon each other’s educational or research agendas.

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13

Achternkamp, Anne. "Natural Law in Origen’s Anthropology." Zeitschrift für Antikes Christentum / Journal of Ancient Christianity 23, no. 1 (April 1, 2019): 138–48. http://dx.doi.org/10.1515/zac-2019-0008.

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Abstract The term of natural law plays an important role in the anthropology of the great theologian and philosopher Origen of Alexandria. By distinguishing a great variety of notions of law in the scripture, Origen locates the specific notion of natural law in the guiding part of the soul called the heart and the ἡγεμονικόν or νοῦς in the Bible and philosophy, respectively. The natural law enables man with this location and in interaction with λόγος to distinguish between good and evil and to act ethically. Natural law therefore is the foundation of responsibility and the imputation of sin.

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14

Merry, Sally Engle. "Anthropology, Law, and Transnational Processes." Annual Review of Anthropology 21, no. 1 (October 1992): 357–77. http://dx.doi.org/10.1146/annurev.an.21.100192.002041.

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15

Benda-Beckmann, Franz von, and Han F. Vermeulen. "Adat Law and Legal Anthropology." Journal of Legal Pluralism and Unofficial Law 33, no. 46 (January 2001): 103–14. http://dx.doi.org/10.1080/07329113.2001.10756553.

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16

Heinrich, Steven. "Commentary: Law and the Value of Anthropology." Practicing Anthropology 15, no. 1 (January 1, 1993): 2–33. http://dx.doi.org/10.17730/praa.15.1.150r312211rnm568.

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What is the value of anthropology? This is a question commonly faced by anthropologists in their teaching and in their interactions with the larger world. As a student of law at the University of Washington, I face this question every time someone discovers that I have a Ph.D. in anthropology. How does a degree in anthropology relate to the legal system? This question also seems to preoccupy many of the authors whose work appeared in Volume 14, Number 3, of Practicing Anthropology (Summer 1992, "Addressing Issues in Criminal Justice"). [Contributors were asked specifically to address this question.—P.J.R.]

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17

Sieder, Rachel. "Anthropology and Law in Latin America." Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 79–85. http://dx.doi.org/10.3167/jla.2018.020207.

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As a researcher working within the field of collaborative or ‘engaged’ legal and political anthropology in Latin America, law does very much shape my research agenda and that of most of my colleagues. I would also contend that anthropology does impact law throughout the region, although to a much lesser extent. This is most evident in the legalisation, judicialisation and juridification of indigenous peoples’ collective rights to autonomy and territory in recent decades. Yet, the influence of anthropology on legal adjudication in the region is not only limited to issues pertaining to indigenous peoples: engaged applied ethnographic research is playing an increasingly important role in revealing to legal practitioners and courts the effects of human rights violations in specific contexts, and victims’ perceptions of the continuums of violence to which they are subjected.

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18

Martins, Angela Vidal Gandra. "Philosophical Anthropology : A Path to the Rule of Law." Contemporary Social Sciences 27, no. 3 (July 1, 2018): 194–203. http://dx.doi.org/10.29070/27/58081.

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19

Atarschikova, E. N., and E. G. Ponomarev. "Law and its Anthropological Features." Russian Journal of Legal Studies 3, no. 4 (December 15, 2016): 30–33. http://dx.doi.org/10.17816/rjls18180.

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In the article the problem of formation of legal culture and enhance the legal awareness of the person. Attracts modern do- mestic and foreign scientists, anthropology of law, or legal anthropology, which held steady in the Humanities, defining the historical basis of the theory of state and law and development.

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20

Lempert, David. "The President’s Mother the Anthropologist and the Anthropologist’s Son." Anthropology in Action 25, no. 1 (March 1, 2018): 41–48. http://dx.doi.org/10.3167/aia.2018.250105.

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AbstractBarack Obama was the first son of a PhD anthropologist to serve as President of the United States, and some popular press linked his political views and actions, which were allegedly in violation of international law, to failures in American anthropology to uphold international law as well as to personal failures by anthropologists to transmit the professional ethics of the discipline to their offspring. This essay examines those critiques and identifies deficiencies in anthropological presentations of ‘multiculturalism’ and in anthropology’s adherence to international law. It also reviews the cultural self-identification of President Obama, drawing attention to the sub-cultures of ‘expat’ communities like those in which President Obama was raised and in which many practising anthropologists and their children live.

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21

Eller, Jack David. "Space Colonization and Exonationalism: On the Future of Humanity and Anthropology." Humans 2, no. 3 (September 15, 2022): 148–60. http://dx.doi.org/10.3390/humans2030010.

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First anthropology became unbound from “the village”, then from the single site, and gradually from the physical site altogether. As humans resume their push into space, anthropology is set to become unbound from the earth itself. This essay considers what the discipline has offered and can offer toward understanding the present and future of space colonization. It begins by examining the surprisingly long and productive history of anthropology’s engagement with the subject, going back at least to the 1950s. Then it surveys current analysis of law, sovereignty, and nationalism in space, which largely imagines law and identity in off-earth settlements as more-or-less direct extensions or transfers of earth law and identity; in other words, space settlers will remain affiliated with and loyal to their source countries (or companies). However, taking seriously the analogy of terran migration and colonialism, where colonies developed distinct and separatist identities, the essay predicts the emergence of exonationalism, in which over generations colonists will invent new identities and shift their affiliations to their non-terran homes and ultimately seek independence from the earth. The essay concludes with reflections on how the settlement of space, still a distant goal, will reshape our definition of the human and therefore the practice of anthropology as the science of human diversity.

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22

Anders, Gerhard. "Law at its limits: interdisciplinarity between law and anthropology." Journal of Legal Pluralism and Unofficial Law 47, no. 3 (September 2, 2015): 411–22. http://dx.doi.org/10.1080/07329113.2015.1110909.

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23

Pottage, Alain. "Law after Anthropology: Object and Technique in Roman Law." Theory, Culture & Society 31, no. 2-3 (January 21, 2014): 147–66. http://dx.doi.org/10.1177/0263276413502239.

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Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of ‘law and society’, or ‘law in context’. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on ‘law itself’, on what Annelise Riles calls the ‘technicalities’ of law. How might the legal scholar be inspired by this approach? In this article, I explore one possible way of approaching law after anthropology, which is to find within law’s own archive a set of resources for an analogous representation of law itself. Drawing on the historical scholarship of Yan Thomas, I suggest that the Roman conception of law as object offers an engaging counterpart to the anthropological take on law as a specific set of tools or, technicalities, or as a particular art of making relations.

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24

von Benda-Beckmann (Hrsg.), Keebet, and Fons Strijbosch (Hrsg.). "Anthropology of Law in the Netherlands." Verfassung in Recht und Übersee 20, no. 3 (1987): 408. http://dx.doi.org/10.5771/0506-7286-1987-3-408.

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25

French, Rebecca R., Martha Minow, Michael Ryan, Austin Sarat, Robin West, and Lila Abu-Lughod. "Of Narrative in Law and Anthropology." Law & Society Review 30, no. 2 (1996): 417. http://dx.doi.org/10.2307/3053967.

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26

French, Rebecca Redwood. "The Anthropology of Religion and Law." Religious Studies Review 45, no. 2 (June 2019): 153–61. http://dx.doi.org/10.1111/rsr.13959.

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27

Halliday, Simon. "Book Reviews: The Anthropology of Law." Social & Legal Studies 24, no. 2 (May 24, 2015): 313–15. http://dx.doi.org/10.1177/0964663915575630.

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Palmer, Nicola, and Felix Kroner. "Anthropology, Transitional Justice and Criminal Law." International Journal of Transitional Justice 13, no. 2 (May 11, 2019): 398–407. http://dx.doi.org/10.1093/ijtj/ijz009.

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29

Bandura, O. "Anthropology of Law as a Component of Philosophical Anthropology (General Essay)." Fìlosofsʹkì ta metodologìčnì problemi prava 17, no. 1 (2019): 8–15. http://dx.doi.org/10.33270/01191702.8.

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30

Chestnov, I. L. "Social-Cultural Anthropology of Law as a Post-Classical Research Programme." Russian Journal of Legal Studies 1, no. 4 (December 15, 2014): 77–84. http://dx.doi.org/10.17816/rjls17969.

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The author shows the formation of social and cultural anthropology of law. Contemporary social-cultural anthropology rights can not be based on post-classical methodology. Post-classical social-cultural anthropology of law is the recognition of a person as the basis of the legal system. Just man constructs and reproduces their practices right.

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31

von Benda-Beckmann, Franz. "Riding or killing the centaur? Reflections on the identities of legal anthropology." International Journal of Law in Context 4, no. 2 (June 2008): 85–110. http://dx.doi.org/10.1017/s1744552308002012.

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AbstractThe article examines how the academic genre called the ‘anthropology of law’ or ‘legal anthropology’ developed under the disciplinary constraints of both the social and legal sciences. It first discusses its historical development and different trajectories and engages in a comparative analysis of similarities and differences between anthropologists, lawyers and sociologists of law. Finally, by looking at the ways in which cognitive and normative categories such as ‘legal anthropology’ are reproduced and changed through time, the article in itself is a legal anthropological exercise. The author concludes that there are hardly any identity markers left that would demarcate legal anthropology in a mutually exclusive way from other (sub)disciplines. The distinctiveness of legal anthropology rather lies in an accumulation of features, which make (legal) anthropology what it is, even if many features may be shared with other disciplines.

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32

Bens, Jonas. "Anthropology and the law: historicising the epistemological divide." International Journal of Law in Context 12, no. 3 (July 12, 2016): 235–52. http://dx.doi.org/10.1017/s1744552316000112.

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AbstractFocusing on the history of US anthropology between World War II and the high point of the Vietnam War protests in the late 1960s, this paper aims to historicise the assumed epistemological divide between anthropological and legal thinking. It is shown how anthropology as a discipline in the US has restructured some of its basic assumptions and changed its institutional structure in the context of legal interventions in larger struggles, specifically the court-based battles against racial segregation and the legal proceedings related to indigenous land rights before the Indian Claims Commission. Special consideration is given to an analysis of how objectivity is conceptualised in the literature on anthropological expert witnessing: from mechanical objectivity before 1970 to critical objectivity after 1970. The paper concludes with a caveat against exaggerating existing epistemological differences between anthropology and law, and suggests a more pragmatic approach to interdisciplinary communication.

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33

Holden, Livia. "Cultural Expertise and Law: An Historical Overview." Law and History Review 38, no. 1 (October 24, 2019): 29–46. http://dx.doi.org/10.1017/s073824801900049x.

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The use of anthropology and sociology for dispute resolution, law-making, and governance has been frequent throughout the history of law and anthropology. Anthropological expertise in the form of expert witnessing or expert information, has been one among the significant activities of applied anthropology. However, no concept such the one of cultural expertise was formulated to theorise the engagement of anthropologists and sociologists with law. This paper adopts an historical approach in order to understand why socio-legal studies have not developed a conceptualisation that encompasses the variety of the types of engagement of social scientists, and anthropologists in particular. It investigates the connection between law and culture in the history of anthropology of law since social evolutionism, and focuses in particular on legal pluralism. This paper suggests that the reasons for the late conceptualisation of cultural expertise lies on the one hand in the difficulty to define the dynamics between law and culture, and on the other hand in the specific development of legal pluralism vis-à-vis the state. This paper concludes with a reformulation of the concept of cultural expertise as an umbrella concept that encompasses the existing array of socio-legal instruments that use cultural knowledge for conflict resolution.

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34

Peletz, Michael G. "Why Anthropology Doesn’t Matter Much to Law." Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 92–98. http://dx.doi.org/10.3167/jla.2018.020209.

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Jeremy Kingsley and Kari Telle’s provocation article raises several important issues. The thrust of their argument as I understand it is that anthropology does not matter much to the field of law in many parts of the world. They are quick to point out, however, that this is a relative point and that their comparative frame takes as its point of departure the much greater degree of intellectual engagement that obtains between schools of medicine and public health on the one hand and the field of anthropology on the other. I concur with their overall argument but will phrase it in slightly different terms: despite the robust collaborations that sometimes involve legal scholars and anthropologists (e.g. in legal clinics at New York University and elsewhere; see Merry, this issue), faculty in law schools are much less likely to embrace the work of anthropologists than are their colleagues who specialise in medicine and public health. In this brief comment, I offer tentative hypotheses as to why this situation exists in the North American context. I approach the relevant issues from a historical perspective, focusing on hierarchies of legitimacy and prestige, shifts in both academia and the job market for anthropologists, and the rise of neoliberal doctrines in academia and beyond.

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Hayat, Teten Jalaludin. "Marriage Affair In Islamic Law Anthropology Perspective." Mutawasith: Jurnal Hukum Islam 4, no. 1 (July 12, 2021): 19–31. http://dx.doi.org/10.47971/mjhi.v4i1.303.

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The purpose of this study is to explain marriage affair or cheating in marriage as an anthropological review of Islamic law, thus, the legal wisdom should be obtained in addressing these problems. The Datas were obtained from scientific books and journals relating to the subject research theme. The research is library research, descriptive, and qualitative. The analysis technique used here was content analysis. Some of the findings research, that affair is a humanitarian epidemy that has existed throughout human history, even remains phenomenal today. Therefore, a legal wisdoms were needed in addressing these problems through the practice of religious teachings, thus the problems of cheating should suppressed and avoided, the ark of marriage can still be carried out on an ideal goal according to the anthropology of Islamic law

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36

O'Connell, I. "Legal Anthropology, Australian Aborigines and Natural Law." American Journal of Jurisprudence 37, no. 1 (January 1, 1992): 243–58. http://dx.doi.org/10.1093/ajj/37.1.243.

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Kent, Lia. "Transitional Justice in Law, History and Anthropology." Australian Feminist Law Journal 42, no. 1 (January 2, 2016): 1–11. http://dx.doi.org/10.1080/13200968.2016.1196533.

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38

Assier-Andrieu, Louis. "Anthropology as the Eye of the Law." Journal of Legal Pluralism and Unofficial Law 25, no. 33 (January 1993): 179–94. http://dx.doi.org/10.1080/07329113.1993.10756449.

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39

Goodale, Mark. "Reckoning with Law—and with Legal Anthropology." Journal of Legal Anthropology 7, no. 1 (June 1, 2023): v—ix. http://dx.doi.org/10.3167/jla.2023.070101.

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I recently experienced one of those unsettling, context-imposing moments that cause the ground underfoot to feel suddenly loose, threatening to dissolve into quicksand – until, that is, the moment passes, as it inevitably seems to do. It happened during a university-wide lecture by Mark Williams, a professor of palaeontology at the University of Leicester and the Palaeontological Association's ‘exceptional lecturer’ for the academic year 2022–2023. This means he was chosen to go on a global tour of universities to give a talk for wider audiences that was intended to show the relevance and importance of palaeontology for questions of global significance. The title of Williams's lecture was ‘The Anthropocene: Planetary Scale Change to the Biosphere and the Future Well-Being of Planet Earth’.

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40

Ledvinka, Tomáš. "The disenchantment of the lore of law: Jacob Grimm's legal anthropology before anthropology." Journal of Legal Pluralism and Unofficial Law 52, no. 2 (May 3, 2020): 203–26. http://dx.doi.org/10.1080/07329113.2020.1755577.

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41

Rodgers, Dennis, and Martin Lamotte. "Law of the Outlaw." Swiss Journal of Sociocultural Anthropology 29, no. 1 (January 3, 2024): 21–37. http://dx.doi.org/10.36950/sjsca.2023.29.10222.

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This article introduces the special issue through a review of Francophone and Anglo-Saxon legal anthropology traditions, before situating the law of the outlaw within these and outlining its potential contribution towards the development of a pragmatic approach to law.

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42

Salmon, Enrique. "Eagle Down is Our Law. Witsuwit'en Law, Feasts, and Land Claims:Eagle Down is Our Law: Witsuwit'en Law." Anthropology of Consciousness 7, no. 2 (June 1996): 31–33. http://dx.doi.org/10.1525/ac.1996.7.2.31.

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43

Nelken, David. "Anthropology, corruption, and human rights." Focaal 2010, no. 58 (December 1, 2010): 124–30. http://dx.doi.org/10.3167/fcl.2010.580108.

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Italo Pardo, Between morality and the law: Corruption, anthropology and comparative society. Aldershot: Ashgate, 2004, pp. 187, ISBN 0-7546-4290-9.Monique Nuijten and Gerhard Anders, eds., Corruption and the secret of law: A legal anthropological perspective, Aldershot, Ashgate, 2007, pp. 234, ISBN: 978-0-7546-7110-7.

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44

Chestnov, I. L. "Postclassical Anthropological Theory of Law in the Systematic Presentation of V.I. Pavlov: Review of the Textbook Pavlov V.I. «Problems of the Theory of State and Law». - Minsk: Academy of the Ministry of Internal Affairs, 2017. - 262 p." Russian Journal of Legal Studies 4, no. 4 (December 15, 2017): 148–58. http://dx.doi.org/10.17816/rjls18283.

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The article gives a summary of the main provisions of the textbook V.I. Pavlov «Problems of the theory of state and law». Of particular interest is the author’s concept of postclassical anthropology of law. The work details the postclassical understanding of the law. Anthropology of law is revealed as a human dimension of law. It is important that the author shows the possibilities of applying his concept to practice.

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45

Zorzi, Graedon. "Liberalism and Locke's Philosophical Anthropology." Review of Politics 81, no. 2 (2019): 183–205. http://dx.doi.org/10.1017/s0034670518001183.

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AbstractPerhaps in part because of an issue related to chronology of publications, the connections between Locke's liberalism and philosophical anthropology are underappreciated. This essay addresses that issue and re-examines Locke's account of the person, treating it as an interpretive key to Locke's political thought. Locke'spersonis, contra the standard readings, a relational concept that refers to beings capable of law in terms of their accountability to law; descendants of Adam are equal as persons in that they hold identical rights (or prerogatives) and duties under the divine law. This philosophical anthropology leads to a principle—eschatological accountability delimits legitimate moral and political authority, so authority over a person is necessarily limited by that person's accountability to God—that helps to clarify certain misunderstandings of the status of moral authority within Lockean liberalism and to explain how Locke set the terms of subsequent debates about the limits of political authority.

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Edwards, Michael, and Méadhbh McIvor. "Introduction." Cambridge Journal of Anthropology 40, no. 1 (March 1, 2022): 1–17. http://dx.doi.org/10.3167/cja.2022.400102.

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This introduction calls for an ‘anthropology of grace’, arguing that an ethnographically informed theory of grace will offer valuable interpretive tools not only to scholars of religion but also to anthropologists of law, economics, and power. Focusing on four interlinked dimensions of grace—its Christianity, sociality, temporality, and potentiality—we highlight the relevance of this concept to local and global politics, particularly in encounters across difference. Building on analyses of what has been called ‘the Christianity of anthropology’, we suggest not only that Euro-Christian scholarship is indebted to the idea of grace but that its explicit invocation can propel emerging debates on time, sociality, and progressive politics. An interrogation of this theo-political concept reveals submerged conceptual assumptions and sheds new light on anthropology’s decades-old investment in reciprocity (and its discontents).

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Daniel, Katarzyna. "Wpływ antropologii na naukę prawa." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 28 (September 26, 2019): 287–96. http://dx.doi.org/10.19195/1733-5779.28.21.

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Niniejszy artykuł przedstawia wpływ antropologii na naukę prawa, która jest dyscypliną podlegającą stałym przemianom. Zdefiniowane zostały kluczowe takie pojęcia, jak: nauka, szkoła naukowa, antropologia. Przedstawiono ewolucję powstania antropologii oraz jej kształtowanie się w Polsce w ciągu lat. W tym celu powołano się na trzy najważniejsze nurty uprawiania antropologii, a mianowicie szkoły lwowską, krakowską i paryską. Antropologia jest powiązana z wieloma dziedzinami nauki, a od lat czterdziestych–pięćdziesiątych zaczęto również łączyć ją z prawem. Co prawda antropologia prawna jest stosunkowo nową dyscypliną, lecz nie należy bagatelizować jej znaczenia w nauce prawa. The influence of anthropology on the science of lawThis article concerns the influence of anthropology on the science of law, which is a discipline subject to constant change. Key terms such as: science, science school, anthropology have been defined. The evolution of the formation of anthropology and its formation in Poland over the years has been presented. To this end, the three most important trends of practicing anthropology were referred to, namely the Lviv, Krakow and Paris schools. Anthropology is associated with many fields of science, and from the 1940s and 1950s it was also connected with the law. Although legal anthropology is a relatively new discipline, one should not underestimate its importance in learning the law.

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Bianchini, Katia. "An Illustration of Anthropology’s Contribution to Refugee Law Research." German Law Journal 23, no. 7 (September 2022): 943–59. http://dx.doi.org/10.1017/glj.2022.67.

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AbstractThis article contributes to the debates on the role of anthropology in refugee law research by showing the added value of an interdisciplinary approach to the understanding of complex asylum claims related to cultural and religious beliefs that are unfamiliar to the Western perspective. Based on the analysis of asylum claims in UK courts involving witchcraftbased persecution in the country of origin—both applicants who feared becoming victims of witchcraft practices and those who could be accused of having engaged in witchcraft practices—I demonstrate how anthropology can provide the tools for bridging the gaps between the law in the books and its implementation in practice and solving issues that are beyond the scope of the law. In particular, anthropology can feed into a broader legal conceptualization that accounts for the realities of our diverse societies and helps explain how fear of persecution due to witchcraft can indeed be real and connected with serious human rights violations. Moreover, cultural expertise can assist in assessing asylum claims in their cultural, historical, and political contexts, affording the claimant a fairer and better adjudicated outcome. Nevertheless, the use of anthropology inevitably comes with some challenges related to the different fields’ epistemologies, languages, and styles, as well as a lack of appreciation for interdisciplinarity in some areas of academia.

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Gandini, Edoardo. "Decolonizing Law: Language and anthropology in the Lusosphere." Pravovedenie 68, no. 1 (2024): 58–96. http://dx.doi.org/10.21638/spbu25.2024.104.

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In the Lusophere, under the appearance of homogeneity of law, due to the influence of Portuguese law, are hidden linguistic and anthropological aspects that are still untied from the State institutions and formal law of the new independent Countries. Thus, this paper, after an overview of the historical events of Portuguese law — from the presence of ius commune in Portugal, to the colonial era, to the post-independence legal systems — focuses on the linguistic and anthropological aspects of millions of people, only conventionally of Portuguese mother tongue and who regulate their lives according to spontaneous unwritten rules. Comparing within the Lusophere, this paper carries out its observation from three different perspectives: law, language, and anthropology. Portuguese now ranks sixth in terms of the number of native speakers and is spread across at least four continents; therefore, it is surprising to observe the scant consideration within the comparative studies for the law and language of Lusophone areas, with few exceptions and mostly confined to native authors. Even more unexplored is the field of comparative law among Portuguese-speaking countries, and except for a few contributions between Portuguese and Brazilian law, attention to Angola, Mozambique, Guinea Bissau, Cape Verde, São Tomé e Princípe, Equatorial Guinea and East Timor is sporadic, rare or nonexistent. This scenario appears to be due to a kind of self-referentiality of the Lusophone legal systems, mainly due to a strong academic dependence on Portuguese universities, a common erudite and administrative language, and a low diffusion of foreign language study. A decolonization of law is for these reasons desirable and, instead of being perceived an intimidating path, should be seen as a chance for new development opportunities.

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Mazzola, Riccardo. "Revenge and law, revenge as law: Notes on the anthropology of vengeance." SOCIOLOGIA DEL DIRITTO, no. 1 (April 2019): 191–99. http://dx.doi.org/10.3280/sd2019-001010.

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