Questions about the nature of law, its relationship with custom, and
the form of legal rules, categories and claims, are placed at the
centre of this challenging, yet accessible, introduction. Anthropology
of law is presented as a distinctive subject within the broader field
of legal anthropology, suggesting new avenues of inquiry for the
anthropologist, while also bringing empirical studies within the ambit
of legal scholarship. The Anthropology of Law considers contemporary
debates on human rights, international laws, and new forms of property
alongside ethnographic studies of order and conflict resolution. It
also delves into the rich corpus of texts and codes studied by legal
historians, classicists and orientalists: the great legal systems of
ancient China, India, and the Islamic world, unjustly neglected by
anthropologists, are examined alongside forms of law created on their
peripheries. Ancient codes, medieval coutumes, village constitutions,
and tribal laws provide rich empirical detail for the authors analysis
of the cross-cultural importance of the form of law, as text or rule,
and carefully-selected examples shed new light upon the interrelations
and distinctions between laws, custom, and justice. Legalism is taken
as the starting point for inquiry into the nature and functions of
law, and its roles as an instrument of government, a subject of
scholarship, and an assertion of moral order. An argument unfolds
concerning the tensions between legalistic thought and argument, and
the ideological or aspirational claims to embody justice, morality,
and religious truth, which lie at the heart of what we think of as
law.
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Produktdetaljer
ISBN
9780191650673
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter