Law and law-like institutions are visible in human societies very
distant from each other in time and space. When it comes to observing
and analyzing such social constructs historians, anthropologists, and
lawyers run into notorious difficulties in how to conceptualize them.
Do they conform to a single category of 'law'? How are divergent
understandings of the nature and purpose of law to be described and
explained? Such questions reach to the heart of philosophical attempts
to understand the nature of law, but arise whenever we are confronted
by law-like practices and concepts in societies not our own.
In this volume leading historians and anthropologists with an interest
in law gather to analyse the nature and meaning of law in diverse
societies. They start from the concept of legalism, taken from the
anthropologist Lloyd Fallers, whose 1960s work on Africa engaged,
unusually, with jurisprudence. The concept highlights appeal to
categories and rules. The degree to which legalism in this sense
informs people's lives varies within and between societies, and over
time, but it can colour equally both 'simple' and 'complex' law.
Breaking with recent emphases on 'practice', nine specialist
contributors explore, in a wide-ranging set of cases, the place of
legalism in the workings of social life.
The essays make obvious the need to question our parochial common
sense where ideals of moral order at other times and places differ
from those of modern North Atlantic governance. State-centred law, for
instance, is far from a 'central case'. Legalism may be
'aspirational', connecting people to wider visions of morality; duty
may be as prominent a theme as rights; and rulers from
thirteenth-century England to sixteenth-century Burma appropriate, as
much they impose, a vision of justice as consistency. The use of
explicit categories and rules does not reduce to simple questions of
power.
The cases explored range from ancient Asia Minor to classical India,
and from medieval England and France to Saharan oases and southern
Arabia. In each case they assume no knowledge of the society or legal
system discussed. The volume will appeal not only to historians and
anthropologists with an interest in law, but to students of law
engaged in legal theory, for the light it sheds on the strengths and
limitations of abstract legal philosophy.
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Anthropology and History
Produktdetaljer
ISBN
9780191641473
Publisert
2026
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter