Anthropology Of Law Research Articles

Эрх зүйн хүн судлал гэж юу вэ?

The article is named as the “Anthropology of law” and its content is conducted within legal issues on the translation of legal terminology. Anthropology is an empirically-grounded discipline. Its material is observed in the real world, typically through long-term, focused participant observation. The anthropologist studies social forms as they exist in all their variety, including ideas as well as physical activities, and what may be regarded as archaic or marginal. “Anthropology of law” is the first branch of anthropology to emerge from mid–nineteenth century. The field studies different social and cultural differences in terms of social, cultural and legal relations. In this context, it is possible to study how the concept of human rights is developed in Mongolia and how it is related to traditional culture, way of life, customs and beliefs.

“Nature” and territories as victims: Decolonizing Colombia's transitional justice process

AbstractAcross different national contexts, liberal legal frameworks have primarily focused on war crimes and violence against human victims as violations of human rights and international law. In Colombia, there is growing legal recognition that “nature” and territories are also casualties of war, requiring punitive sanctioning and reparative treatment in the country's transitional justice process. This article examines how local communities inhabiting the epicenters of violence, along with officials responsible for administering transitional justice, are attempting to expand the tenets of this dominant postconflict paradigm. Informed by fieldwork among magistrates, bureaucrats, and Indigenous, Afro‐descendent, and campesino victim organizations, it attends to the tensions and ontological openings that occur during a criminal investigation process when multiple concepts of nature, territory, crime, and harm are held in frictive tandem. It also demonstrates the challenges of doing ethnography during times of explicit political transition and in collaboration with open judicial cases. While the anthropology of law has relied on concepts of coordination and hybridity to describe the interactions between diverse realities and legal systems, this article proposes analyzing the more radical work and limits of progressivism that are unfolding simultaneously within temporary tribunals.

From collateral to money: social meaning, security devices and the law in the depersonalization of monetary relationships

ABSTRACT A new sociology of money has emerged over the past three decades. Unlike conventional accounts, it is attentive to the social conditions of money-making and circulation: social relationships, authority, and impersonal trust. Yet, the problem of how money is at once ‘special’ – invested with meaning, personalized, and often physically earmarked in everyday transactions – and generalized, used across social boundaries, remains unsolved. Building on the anthropology of law and the economization perspective, I bridge this gap by focusing on the processes by which money is economized through security devices, mechanisms that enable the exchange of money by sustaining a credit relationship when connections between lender and borrower are insufficient, inadequate, or altogether absent. As they make such transactions possible, security devices create new interdependencies, which become visible once the promise is broken and the guarantee that was pledged as security is repossessed. Understanding the regulation of security devices, therefore, yields new insights into the nature of money, as the legal remedies in place to deal with failure implicate monetary authorities in a politics of redress, through which what counts as collateral, under what conditions, and with what penalties, gets redefined and connected to broader financial and political processes of monetary creation.

Review: Banning Black Gods: Law and Religions of the African Diaspora, by Danielle N. Boaz

This book provides a global perspective on the legal challenges for, and rights violations against, African diasporic religions in the late twentieth and early twenty-first centuries. Danielle Boaz uses the appellation “religious racism” to refer to the racializing effects of religious freedom laws and the worldwide restrictions of practitioners’ rights and abilities to practice African diaspora religions. She borrows this term from practitioners of African diaspora religions in Brazil, and uses it to draw out the intersections between racism and religious discrimination. With religious racism, Boaz brings together the ways in which systemic discrimination against African-identified religions has qualities similar to and connections with institutional racism. She shows how it has complex historical roots in racial slavery and colonialism, revealing the connections and parallels between forms of discrimination today and the kinds of regulation and oppression faced by Afro-diasporic traditions after emancipation. Some of the cases of religious racism Boaz examines, in places like the Caribbean and southern Africa, also show that white supremacy can continue even without White folks in immediate positions of power.The book is divided into three parts. Each section focuses on a set of African diasporic traditions and a set of legal and rights issues. An introduction to each section provides an unfamiliar reader with basic background on the particular Afro-Atlantic religions under examination. Section one focuses on examples of religious racism against Lucumí, Palo Mayombe, Vodou, Candomblé, and Umbanda from the United States, Haiti, Brazil, and Venezuela. These cases include physical violence against practitioners and places of worship, the restriction and outlawing of animal sacrifice, arrests for exhumations of human remains, and disputes over child and family services taking custody of the children of practitioners because of their religion. Chapter 3 is particularly noteworthy for its focus on the stigma and arrests for the disinterring of bodies against practitioners of Palo Mayombe in the United States, an important and challenging subject that has received little scholarly attention.Section two focuses primarily on Islam and Rastafari and issues of denial of freedoms due to discrimination based on headwear and hairstyles, like scarves and dreadlocks. This section looks at examples from Western Europe, East and Southern Africa, Latin America and the Caribbean, and the United States. Forms of religious racism under examination include expulsion from school, denial of access to courtrooms, and employment discrimination, among others. This section takes up issues of the sustaining of global white supremacy through Eurocentric norms of dress and hairstyle that also adversely affect access to religious freedom by practitioners of Afro-diasporic religions.Finally, section three focuses on practices that have often been excluded entirely from the category of religion, specifically voodoo and obeah, the latter of which is still illegal in parts of the Caribbean. Boaz points the reader to the irony that while the persecution and criminalization of the practices of (largely White) Neopagan witches have greatly declined, persecution and lack of recognition have continued to plague practitioners of so-called witchcraft identified as African-derived, including in purported bastions of liberalism and religious freedom like Canada and the United States.I did have a few questions after reading Banning Black Gods. The book does not directly engage with conversations within the critical study of religion or the anthropology of law, and Boaz explicitly admits that these are outside the scope of the book. Nevertheless, while she does not overtly engage with religious studies theory, her approach and examples could serve as the basis for a strong argument for the role of redescription and the rectification of categories as steps in processes of racial justice making. This could demonstrate the importance and relevance of religious studies theory and extend the definition of religion beyond the classroom walls. Further questions I had concern conflicting claims to religious freedom coming from multiple sides. For example, how should friction over the exhumation of human remains be resolved between practitioners of Palo Mayombe and the living relatives of the deceased from whose graves Palo practitioners take human remains for ritual purposes? With potentially clashing claims about ethical relations with the dead, how should legal scholars, scholars of religion, and practitioners handle such conflicts?Boaz has formal training and expertise in both law and the histories of Afro-Atlantic religions, but she does not assume a high level of expertise on the part of the reader in either the legal issues or African diaspora traditions under examination. With each section beginning with basic information and background context for the particular rights issues and African diasporic traditions under consideration, this book would be very good for undergraduate students. Provocative, timely, and accessibly written, this book makes important contributions to the study of religion and law and African diasporic religions that will also be of interest to scholars beyond those fields.

Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity Britain, by Insa Lee Kosh

Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity Britain, by Insa Lee Kosh

New research on the Anthropology of Law V.I. Pavlov. Anthropology of Law in the context of legal, philosophical and reli-gious traditions: history of formation

The presented review sets out the content of the monograph of the Belarusian jurist V.I. Pavlov “Anthropology of Law in the context of legal, philosophical and religious traditions: the history of formation”. An assessment of the main scientific results of the study is given, its significance for the development of modern general theoretical jurisprudence is characterized.

An Anthropologist as Expert Witness

Abstract A substantial literature in anthropology claims that there are inherent epistemological and ethical conflicts for anthropologists serving as expert witnesses. James Rose’s article rightly connects this to a “postmodern turn”. He contrasts it with the anthropology of “greater formal and empirical maturity” represented by my work with Dwight Read and a few others. Rose argues that expert testimony based on the latter type of social anthropology has greater legal probity. I have been an expert witness in forty-one cases. I agree. The bulk of his article seeks to characterize this type of anthropology. He proposes a general distinction between “forensic” and “expert”. I argue that it is better to recognize that the two streams are part of a much wider conflict between science based on experimental demonstration and the long and consistently fruitless debate over idealism versus materialism. My approach is part of the former. The conflict between Postmodernism and Positivism is part of the latter. In this article I recall the main intellectual positions that mark the two streams, including landmarks in the anthropology of law. I then address the issues Rose discusses in general terms. I then describe my activities in three specific cases. I conclude with recommendations regarding certification.

Existence of Sobokartti Building as A Physical Culture in Semarang City in Law Anthropology Approach

Physical culture can be understood as objects created by human beings which are an embodiment of the growth and development of cultural values ​​in a particular society, in the form of buildings that have been designated as cultural heritage buildings in the city of Semarang. The building is the Semarang Sobokartti building on Jalan Dr. Cipto Semarang, which is a reflection of the development of humans to always preserve culture both Javanese culture and western or European culture
 The approach used in this research is an empirical approach and a comparative approach to law anthropology. In an empirical approach, the sobokartti building is a physical culture which is a historic building that accommodates traditional arts which are closely related to Javanese culture, namely karawitan training, puppetry routine, puppetry courses, host courses, dancing courses and batik training. It should be appreciated because the community can maintain its preservation until now by showing the existence of Javanese culture with a love for culture that deserves to be preserved and for the nation's successor generation. Likewise with a comparative approach, it is said that the existence of physical culture in the sobokartti building is expected by the government to have regulations on cultural heritage objects, namely historic buildings or ancient buildings of the Sobokartti Semarang building as outlined in the Cultural Heritage Law No. 11 of 2010 to protect cultural heritage buildings with the aim of preserving, utilizing, and maintaining the beauty of a cultural heritage building Sobokartti Semarang.
 Suggestions that will be used in this research that is the role of the Government and Society to maintain physical cultural wealth should be developed by the nation's next generation, with the utilization of the Sobokartti building can provide sustainable use. So that, the Government and the community have the desire to protect and preserve the function of the Sobokartti Semarang building.

The Issue of Rights of Religious Freedom in Some Domestic Violence Cases in Indonesia

Based on the National Commission for the Protection of the Rights of Women and Children of Indonesia’s annual report, in 2020 there were 11,105 cases of domestic violence reported. Those domestic violence cases were caused by complex factors. One of the causes is the limitation of religious freedom in the family. In Indonesia, between 2010 and 2019, there were several cases of domestic violence caused by women choosing different religions from their parents or husband. Domestic violence involving limitation of the rights of religious freedom is sometimes resolved by divorcing or by completing it with coercive efforts. The rights of religious freedom in Indonesia, although protected by the Constitution and by the Act of Protection of Human Rights No. 39 of 1999, still face various challenges in implementation. The choice of religion in some families is highly influenced and determined by the authority in the family. This article analyzes the secondary data from online news, verdicts, and statistics from the Supreme Court Directory between 2010 and 2019. Findings are analyzed using the perspective of gender studies and anthropology of law.

Právní etnografie a „právo a etnografie“. Dva přístupy k etnografickému výzkumu práva

Until recently, legal ethnography has been understood as an integral part of legal anthropology and its studies of law in particular societies and cultures. In some older national traditions of European legal ethnology, including the Czech tradition, it has been considered a legal rather than a social science. Recent shifts in the perception of ethnography, which is increasingly understood as an autonomous methodology or a technology of knowledge production, are an opportunity to re-think the specific position of legal ethnography. This paper therefore explores the difference between ethnography as it is understood in the anthropology of law and the new relationship of “law and ethnography” as two autonomous variables. On the basis of several recent legal-ethnographic studies, it also seeks to identify the persistent common denominators of both approaches and attempts to show their possible contribution to the traditional methodology of legal research.

The Virgin in the Ghent Altarpiece and the Revelations of Saint Bridget of Sweden

Why not see the law as a Roman tale analogically and imperialistically projected inside the study of “primitive” societies by anthropologists? This article’s main topic is firstly the capacity of law to be the science of its own rationales and practices, and secondly the biases drove into anthropological thinking while borrowing legal concepts and modes of reasoning. Altogether descriptive and prescriptive, the law depicts and organizes human realities in a single move. That thus creates a major epistemological difficulty when and where indigenous confession occurs, i.e. the phenomenon by which local cultural schemes are locally formulated in the alienating terms originated in the legal corpus. Beyond a law-dependent legal anthropology, the anthropology of law is aware of the importance of legal fictions and reaches the substance of the law as a western and westernized set of concepts, logics.

The Pattern Settlement of Adat Delict of Waropen Tribe

The Adat delict of Waropen Tribe can be settled in some approaches such as the normative law, the social sciences, sociology, and anthropology of law. Some theories wrote by some experts such as Franz von Benda-Becmann and Sally Falk Moore are applied to draw how those approaches are working together in settling Adat Delict in Waropen Tribe. The pattern settlement of the Adat Delict can be settled into the Governor’s Court, the Adat’s Court or the Native’s Court, the Swapraja’s Court, the Village’s Court, and/or Judicial Independence period . Related to Waropen tribes , not all of Waropen peoples are aware of customary or village courts. It is because the Waropen peoples only recognize the existence of a dispute resolution mechanism according to local customary law. The basic regulation of the Customary (Adat) court can be seen in some Laws such as the Law No. 1 Drt of 1951 (the Emergency Law) concerning Provisional Measures to Organize the Composition, Power and Procedure of Courts, Civil Courts, the Law No. 19 of 1964 concerning the Principal Provisions of Judicial Power, The Law No. 22 of 1999 concerning Regional Government, the Law No. 21 of 2001 concerning Special Autonomy for the Province of Papua and some the Regulation Government. Keywords : the Settlement Patterns, the Adat Delict, Waropen Tribe DOI : 10.7176/JLPG/89-03 Publication date :September 30 th 2019

Insa Lee Koch: Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity

Insa Lee Koch: Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity

Book review: Insa Lee Koch, Personalizing the State: The Anthropology of Law, Politics, and Welfare in Austerity Britain

Book review: Insa Lee Koch, <i>Personalizing the State: The Anthropology of Law, Politics, and Welfare in Austerity Britain</i>

Insa Koch, Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity Britain

Insa Koch, <i>Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity Britain</i>

Антропологічно-правові виміри професійної деформації моральної свідомості працівників Національної поліції України

The purpose of the article is a comprehensive study of the professional deformation of the moral consciousness of employees of the National Police of Ukraine, which is due, first of all, to the fact that the process of professional self-determination and realization in anthropological dimension is not only one of the ways of personal development of a person, but for many – the realization of the meaning of life, whereas the change of moral the consciousness of employees in connection with the peculiarities of their professional activity transform the value orientations of the social subject as a legal person. Methodology. The pivotal methodological approach in the study is anthropological. The system-structural approach allowed to consider comprehensively the phenomenon of professional deformation of the National Police of Ukraine. Relying on research material on specific issues and summarizing the findings, it was noted that the most dangerous consequences are precisely the professional deformation of law enforcement officers, since it directly affects the morale of the individual. Morality in the scientific literature is considered as a complex phenomenon through various forms having a certain structure. First of all, objective standards of morality, which regulate social relations, which are defined differently by different authors, namely: moral requirement, moral law, ideal moral guidelines, higher moral values, moral principles, moral ideals, moral criteria, moral norms, moral rules of behavior, ethical ideas, moral necessity. The scientific novelty of this research stems from the problem of the phenomenon, as well as from the purpose, which is closely related to the proposed approaches, methodology and tasks, which reflect the value basis of the research. The authors say that the most prone to deformation are representatives of the following professions: law enforcement, military, leaders, deputies, officials, social workers, lawyers, educators, physicians, salespeople, psychologists. When it comes to the deformation of the moral consciousness and professional justice of law enforcement officers, most often they refer to the negative phenomena, traits that are formed spontaneously or consciously by some representatives of this professional group contrary to social, state requirements, standards of professional activity and behavior. Naturally, they are hidden, but express a new setting of individual value consciousness and are realized in behavior, actions in the absence of external control. Such guidelines and actions may be of a socially undesirable, inadmissible or dangerous, unlawful nature. This study focuses on structuring and conducting a comprehensive analysis of the factors and factors that lead to the professional deformation of National Police officers, as well as providing recommendations on the results of the work done, with the aim of preventing and preventing professional deformation of law enforcement officers. Conclusions. After analyzing the available information on a number of certain violations and checking statistics on such events, it was concluded that the violations of the law, as a rule, are a result of professional and moral deformation of individual employees of the National Police of Ukraine, lack of effective control mechanism and demand from some leaders, low level of organization of educational work, moral and psychological preparation and training of personnel. In preparation of the program of prevention of professional deformation of employees of the National Police of Ukraine, it is advisable, first of all, to improve the normative and legal bases of the functioning of law enforcement agencies, the order of service of different categories of employees; to envisage amendments to the existing acts, and, secondly, to provide for measures within the existing legal framework with a focus on the grassroots. Keywords: anthropology of law; professional deformation; moral consciousness; National Police of Ukraine; moral standards and principles; professional ethics.

АНТРОПОЛОГИЯ ПРАВА И ИССЛЕДОВАНИЕ ПУБЛИЧНЫХ И ЧАСТНЫХ ИНТЕРЕСОВ ОБЩЕСТВА

АНТРОПОЛОГИЯ ПРАВА И ИССЛЕДОВАНИЕ ПУБЛИЧНЫХ И ЧАСТНЫХ ИНТЕРЕСОВ ОБЩЕСТВА

‚Little by Little‘. Datensammlung und Skalierung in der Rechtsethnologie des 19. Jahrhunderts

Abstract‘Little by Little’. Data Collection and Scales in Nineteenth‐Century Legal Anthropology. With the growing possibilities to measure and accumulate data, two strategies for a small discipline like the history of science are suggested: (1) It should facilitate and maintain the cooperation of specialists who pursue different subject matters and methods. (2) It should invite the recent history of quantification as an essential perspective. A large data collection on the anthropology of law by the German colonial office serves as example.

Editor’s Introduction

Editor’s Introduction

Thiessen and Kaden on Paul and the Gentiles

ABSTRACT While Matthew Thiessen’s Paul and the Gentile Problem and David Kaden’s Matthew, Paul, and the Anthropology of Law employ different methods to explore Paul’s inclusion of Gentiles, their results are complementary and can be drawn together in a way that advances scholarly understanding of this critical issue.