Fernanda Pirie - Böcker

'A fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading' Rana Mitter, author of China's Good WarThe laws now enforced throughout the world are almost all modelled on systems developed in Europe in the eighteenth and nineteenth centuries. During two hundred years of colonial rule, Europeans exported their laws everywhere they could. But they weren't filling a void: in many places, they displaced traditions that were already ancient when Vasco Da Gama first arrived in India. Where, then, did it all begin? And what has law been and done over the course of human history? In The Rule of Laws, pioneering anthropologist Fernanda Pirie traces the development of the world's great legal systems - Chinese, Indian, Roman, and Islamic - and the innumerable smaller traditions they inspired.

'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts.The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship.The Anthropology of Law considers contemporary debates on human rights, international laws, and new forms of property alongside ethnographic studies of order and conflict resolution. It also delves into the rich corpus of texts and codes studied by legal historians, classicists and orientalists: the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. Ancient codes, medieval coutumes, village constitutions, and tribal laws provide rich empirical detail for the author's analysis of the cross-cultural importance of the form of law, as text or rule, and carefully-selected examples shed new light upon the interrelations and distinctions between laws, custom, and justice. Legalism is taken as the starting point for inquiry into the nature and functions of law, and its roles as an instrument of government, a subject of scholarship, and an assertion of moral order. An argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth, which lie at the heart of what we think of as law.

Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship.The Anthropology of Law considers contemporary debates on human rights, international laws, and new forms of property alongside ethnographic studies of order and conflict resolution. It also delves into the rich corpus of texts and codes studied by legal historians, classicists and orientalists: the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. Ancient codes, medieval coutumes, village constitutions, and tribal laws provide rich empirical detail for the authors analysis of the cross-cultural importance of the form of law, as text or rule, and carefully-selected examples shed new light upon the interrelations and distinctions between laws, custom, and justice. Legalism is taken as the starting point for inquiry into the nature and functions of law, and its roles as an instrument of government, a subject of scholarship, and an assertion of moral order. An argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth, which lie at the heart of what we think of as law.

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.

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.