Legal anthropology
From The Art and Popular Culture Encyclopedia
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| - | '''Legal cultures''' are described as being temporary outcomes of interactions and occur pursuant to a challenge and response [[paradigm]]. Analyses of core legal paradigms shape the characteristics of individual and distinctive legal cultures. | + | '''Legal anthropology''', also known as the '''anthropology of laws''', is a sub-discipline of [[anthropology]] which specializes in "the cross-cultural study of social ordering". The questions that Legal Anthropologists seek to answer concern how is [[law]] present in cultures? How does it manifest? How may anthropologists contribute to understandings of law? |
| - | "Comparative legal cultures are examined by a field of scholarship, which is situated at the line bordering [[comparative law]] and historical [[jurisprudence]]." | + | |
| - | Legal cultures can be examined by reference to fundamentally different legal systems. However, such cultures can also be differentiated between systems with a shared history and basis which are now otherwise influenced by factors that encourage cultural change. Students learn about legal culture in order to better understand how the law works in society. This can be seen as the study of Law and Society. These studies are available at schools such as Drake University in Des Moines, Iowa. | + | Earlier legal anthropological research focused more narrowly on conflict management, crime, sanctions, or formal regulation. [[Bronisław Malinowski]]'s 1926 work, ''Crime and Custom in Savage Society'', explored law, order, crime, and punishment among the [[Trobriand Islanders]]. The English lawyer Sir [[Henry Maine]] is often credited with founding the study of Legal Anthropology through his book ''[[Ancient Law]]'' (1861). An ethno-centric evolutionary perspective was pre-eminent in early Anthropological discourse on law, evident through terms applied such as ‘pre-law’ or ‘proto-law’ in describing indigenous cultures. However, though Maine’s evolutionary framework has been largely rejected within the discipline, the questions he raised have shaped the subsequent discourse of the study. Moreover, the 1926 publication of ''Crime and Custom in Savage Society'' by [[Bronisław Malinowski|Malinowski]] based upon his time with the Trobriand Islanders, further helped establish the discipline of legal anthropology. Through emphasizing the order present in acephelous societies, Malinowski proposed the cross-cultural examining of law through its established functions as opposed to a discrete entity. This has led to multiple researchers and ethnographies examining such aspects as order, dispute, conflict management, crime, sanctions, or formal regulation, in addition (and often antagonistically) to law-centred studies, with small-societal studies leading to insightful self-reflections and better understanding of the founding concept of law. |
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| + | Contemporary research in legal anthropology has sought to apply its framework to issues at the intersections of law and culture, including [[human rights]], [[legal pluralism]], [[Islamophobia]] and political uprisings. | ||
| ==See also== | ==See also== | ||
| - | *[[Culture of honor#Cultures of honour and cultures of law|Culture of honor vs. culture of law]] | + | * [[Anthropology]] |
| - | *[[Incarceration in the United States]] | + | * [[Forensic anthropology]] |
| - | *[[Legal anthropology]] | + | * [[Political anthropology]] |
| - | *[[Prison–industrial complex]] | + | * [[Law and Society Association]] |
| - | *[[Sociology of law]] | + | * [[New legal realism]] |
| - | *[[Western law]] | + | * [[Sociology of law]] |
| + | * [[Philosophy of law]] | ||
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Legal anthropology, also known as the anthropology of laws, is a sub-discipline of anthropology which specializes in "the cross-cultural study of social ordering". The questions that Legal Anthropologists seek to answer concern how is law present in cultures? How does it manifest? How may anthropologists contribute to understandings of law?
Earlier legal anthropological research focused more narrowly on conflict management, crime, sanctions, or formal regulation. Bronisław Malinowski's 1926 work, Crime and Custom in Savage Society, explored law, order, crime, and punishment among the Trobriand Islanders. The English lawyer Sir Henry Maine is often credited with founding the study of Legal Anthropology through his book Ancient Law (1861). An ethno-centric evolutionary perspective was pre-eminent in early Anthropological discourse on law, evident through terms applied such as ‘pre-law’ or ‘proto-law’ in describing indigenous cultures. However, though Maine’s evolutionary framework has been largely rejected within the discipline, the questions he raised have shaped the subsequent discourse of the study. Moreover, the 1926 publication of Crime and Custom in Savage Society by Malinowski based upon his time with the Trobriand Islanders, further helped establish the discipline of legal anthropology. Through emphasizing the order present in acephelous societies, Malinowski proposed the cross-cultural examining of law through its established functions as opposed to a discrete entity. This has led to multiple researchers and ethnographies examining such aspects as order, dispute, conflict management, crime, sanctions, or formal regulation, in addition (and often antagonistically) to law-centred studies, with small-societal studies leading to insightful self-reflections and better understanding of the founding concept of law.
Contemporary research in legal anthropology has sought to apply its framework to issues at the intersections of law and culture, including human rights, legal pluralism, Islamophobia and political uprisings.
See also
- Anthropology
- Forensic anthropology
- Political anthropology
- Law and Society Association
- New legal realism
- Sociology of law
- Philosophy of law
