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Since publication in 1957 the importance of Bohannan's study of judicial institutions and procedures among the Tiv has been widely recognized. It has contributed widely to the continuing discussion concerning the objectives and methods to be followed in the anthropological study of law and the contribution this makes to comparative jurisprudence. the work describes and defines Tiv ideas of 'law' as expressed in the operations of their courts known as Jir. The analysis is based on and illustrated by numerous cases which the author attended and discussed with leaders in the Jir.
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.
First published in 1976, this Routledge Revivals reissue presents an analysis of the Swat Pathans, the people of the North-West Frontier Province of Pakistan, who belong administratively to Pakistan despite being a fiercely independent group, with their own codes and ways of life. Akbar S. Ahmed, who knows the Swat Pathans well through his family connections, presents a clear and sophisticated analysis of their complex society. The study provides an anthropological and critical re-examination of the ethnography of the Swat Pathans and the author suggests specific alternative models of social organization. The book also represents an important contribution to the general debate in the social sciences between the ‘methodological individualists’ and the ‘methodological holists’, and challenges some of the theoretical and methodological premises in anthropology. In particular the author is critical of Professor Fredrik Barth’s study of Swat Pathans, for he believes that the ‘Swat models’ have inadvertently become the basis for generalized, and often incorrect, understanding of models of Pathan socio-political organization in the social sciences.
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
"A welcome addition. They argue that rituals of reproduction in preindustrial societies are essentially political. In these societies, they say, men need to control the reproductive power of women in order to establish political power; where there is no law or central government, ritual is used as a way of gaining control. The type of ritual will vary, they conclude, according to the economic base of the society. . . .for those whoa re interested in the subject, this book is indispensable. Its thesis is challenging and the documentation is excellent. Paige and Paige have mad ean essential contribution to a long debate, and their theory is sure to stir new and lively controversy." --Science Digest This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1981.
An essential collection of scholarly essays on the anthropology of Africa, offering a thorough introduction to the most important topics in this evolving and diverse field of study The study of the cultures of Africa has been central to the methodological and theoretical development of anthropology as a discipline since the late 19th-century. As the anthropology of Africa has emerged as a distinct field of study, anthropologists working in this tradition have strived to build a disciplinary conversation that recognizes the diversity and complexity of modern and ancient African cultures while acknowledging the effects of historical anthropology on the present and future of the field of study. A Companion to the Anthropology of Africa is a collection of insightful essays covering the key questions and subjects in the contemporary anthropology of Africa with a key focus on addressing the topics that define the contemporary discipline. Written and edited by a team of leading cultural anthropologists, it is an ideal introduction to the most important topics in the field, both those that have consistently been a part of the critical dialogue and those that have emerged as the central questions of the discipline’s future. Beginning with essays on the enduring topics in the study of African cultures, A Companion to the Anthropology of Africa provides a foundation in the contemporary critical approach to subjects of longstanding interest. With these subjects as a groundwork, later essays address decolonization, the postcolonial experience, and questions of modern identity and definition, providing representation of the diverse thinking and scholarship in the modern anthropology of Africa.
Practicing Ethnography in Law brings together a selection of top scholars in legal anthropology, social sciences, and law to delineate the state of the art in ethnographic research strategies. Each of these original essays addresses a particular set of analytical problems and uses these problems to explore issues of ethnographic technique, research methodology, and the theoretical underpinnings of ethnographic legal studies. Subjects explored include the relationship between legal and feminist scholarship, between law and the media, law and globalization, and the usefulness of a wide variety of research techniques: comparative, linguistic, life-history, interview, and archival. This volume will serve as a guide for students who are designing their own research projects, for scholars who are newly exploring the possibilities of ethnographic research, and for experienced ethnographers who are engaged with methodological issues in light of current theoretical developments. The book will be essential reading for courses in anthropological methods, legal anthropology, and sociology and law.
The authors examine the major groups within the dropout population, the myriad of factors within schools that lead to dropping out, and the larger social and economic context within which dropping out occurs. The resulting synthesis of knowledge and perspectives provided here will enhance our understanding of an important topic that has, to this time, been given too little attention.
Tiger in an African palace collects eight essays about kinship and belonging that Richard Fardon wrote to complement his monographs on West Africa. The essays extend those book-length descriptions by pursuing their wider implications for theory in social anthropology: exploring the relationship between comparison and historical reconstruction, and questioning the fit between personal, ethnic and cosmopolitan identities in contemporary West African nations. In an Introduction written specially for this Langaa collection, Richard Fardon retraces the career-long development of his preoccupation with concepts of identification and transformation, and their relevance to understanding West African societies comparatively and historically.