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This study of justice and morality among the Dou Donggo, a highland people of Indonesia, centers on the workings of law and dispute settlement in small communities. Just (anthropology, Williams College) argues that the operation of any legal system is best understood in the context of its moral ontology. Chapters cover the context of the debate, the author's field experiences, the history of the Dou Donggo, the constitution of the village as a moral community, the community's moral ontology, and three cases. c. Book News Inc.
This study of justice and morality among the Dou Donggo, a highland people of Indonesia, centers on the workings of law and dispute settlement in small communities. Just (anthropology, Williams College) argues that the operation of any legal system is best understood in the context of its moral ontology. Chapters cover the context of the debate, the author's field experiences, the history of the Dou Donggo, the constitution of the village as a moral community, the community's moral ontology, and three cases. c. Book News Inc.
Drawing from Michel Foucault's understanding of power, David A. Kaden explores how relations of power are instrumental in forming law as an object of discourse in the Gospel of Matthew and in the Letters of Paul. This is a comparative project in that the author examines the role that power relations play in generating discussions of law in the first century context, and in several ethnographies from the field of the anthropology of law from Indonesia, Mexico, the Philippines, and colonial-era Hawaii. Discussions of law proliferate in situations where the relations of power within social groups come into contact with social forces outside the group. David A. Kaden's interdisciplinary approach reframes how law is studied in Christian Origins scholarship, especially Pauline and Matthean scholarship, by focusing on what makes discourses on law possible. For this he relies heavily on cross-cultural, ethnographic materials from legal anthropology.
This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.
Disorder and instability are matters of continuing public concern. Terrorism, as a threat to global order, has been added to preoccupations with political unrest, deviance and crime. Such considerations have prompted the return to the classic anthropological issues of order and disorder. Examining order within the political and legal spheres and in contrasting local settings, the papers in this volume highlight its complex and contested nature. Elaborate displays of order seem necessary to legitimate the institutionalization of violence by military and legal establishments, yet violent behaviour can be incorporated into the social order by the development of boundaries, rituals and established processes of conflict resolution. Order is said to depend upon justice, yet injustice legitimates disruptive protest. Case studies from Siberia, India, Indonesia, Tibet, West Africa, Morocco and the Ottoman Empire show that local responses are often inconsistent in their valorization, acceptance and condemnation of disorder.
The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision on Indigenous fishing rights – tells the story of how Marshall’s fight against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall was destined to assume the role of hereditary chief of the Mi’kmaw Nation when, in 1971, he was wrongly convicted of murder. He spent more than eleven years in jail before a royal commission exonerated him and exposed the entrenched racism underlying the terrible miscarriage of justice. Four years later, in 1993, he was charged with fishing eels without a licence. With the backing of Mi’kmaw chiefs, he took the case all the way to the Supreme Court to vindicate Indigenous treaty rights in the landmark Marshall decision. Marshall was only fifty-five when he died in 2009. His legacy lives on as Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
This book examines the integral role of religious beliefs and practices in Chinese legal culture.
Promoting an interdisciplinary examination of Indonesia, this volume goes beyond a mere political and legal approach to reconciliation. It offers new understandings of bottom-up reconciliation approaches and the cultural dimension of reconciliation.
Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.