Olaf Zenker - Böcker

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

Focusing on Irish speakers in Catholic West Belfast, this ethnography on Irish language and identity explores the complexities of changing, and contradictory, senses of Irishness and shifting practices of 'Irish culture' in the domains of language, music, dance and sports. The author’s theoretical approach to ethnicity and ethnic revivals presents an expanded explanatory framework for the social (re)production of ethnicity, theorizing the mutual interrelations between representations and cultural practices regarding their combined capacity to engender ethnic revivals. Relevant not only to readers with an interest in the intricacies of the Northern Irish situation, this book also appeals to a broader readership in anthropology, sociology, cultural studies, history and political science concerned with the mechanisms behind ethnonational conflict and the politics of culture and identity in general.

Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.

Reckoning with Law in Excess offers a ground-breaking approach to understanding the relationship between law and social and political transformation in a changing and uncertain world. The book's authors examine a wide range of case studies in which social movements pursue justice and social change within, against, and beyond the law. The interdisciplinary research at the heart of the volume reveals patterns in the ways in which law and legality are invested with heightened importance during certain historical moments, a process of over-loading that most often gives way to disenchantment with the ultimate limits of law. In reflecting critically and synthetically on these complicated dialectics of reckoning with law, the book shines a light on one of the most important, and consequential, dynamics in an era of climate crisis, rising populism across the political spectrum, and social conflict. This title is also available as Open Access on Cambridge Core.

Reckoning with Law in Excess offers a ground-breaking approach to understanding the relationship between law and social and political transformation in a changing and uncertain world. The book's authors examine a wide range of case studies in which social movements pursue justice and social change within, against, and beyond the law. The interdisciplinary research at the heart of the volume reveals patterns in the ways in which law and legality are invested with heightened importance during certain historical moments, a process of over-loading that most often gives way to disenchantment with the ultimate limits of law. In reflecting critically and synthetically on these complicated dialectics of reckoning with law, the book shines a light on one of the most important, and consequential, dynamics in an era of climate crisis, rising populism across the political spectrum, and social conflict. This title is also available as Open Access on Cambridge Core.

Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justiceCovers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violenceAddresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation

This book explores what happened to the homelands – in many ways the ultimate apartheid disgrace – after the fall of apartheid. This research contributes to understanding the multiple configurations that currently exist in areas formerly declared "homelands" or "Bantustans". Using the concept of frontier zones, the homelands emerge as areas in which the future of the South African postcolony is being renegotiated, contested and remade with hyper-real intensity. This is so because the many fault lines left over from apartheid (its loose ends, so to speak) – between white and black; between different ethnicities; between rich and poor; or differentiated by gender, generation and nationality; between "traditions" and "modernities" or between wilderness and human habitation – are particularly acute and condensed in these so-called "communal areas". Hence, the book argues that it is particularly in these settings that the postcolonial promise of liberation and freedom must face its test. As such, the book offers highly nuanced and richly detailed analyses that go to the heart of the diverse dilemmas of post-apartheid South Africa as a whole, but simultaneously also provides in condensed form an extended case study on the predicaments of African postcoloniality in general. This book was originally published as a special issue of the Journal of Southern African Studies.

This book explores what happened to the homelands – in many ways the ultimate apartheid disgrace – after the fall of apartheid. This research contributes to understanding the multiple configurations that currently exist in areas formerly declared "homelands" or "Bantustans". Using the concept of frontier zones, the homelands emerge as areas in which the future of the South African postcolony is being renegotiated, contested and remade with hyper-real intensity. This is so because the many fault lines left over from apartheid (its loose ends, so to speak) – between white and black; between different ethnicities; between rich and poor; or differentiated by gender, generation and nationality; between "traditions" and "modernities" or between wilderness and human habitation – are particularly acute and condensed in these so-called "communal areas". Hence, the book argues that it is particularly in these settings that the postcolonial promise of liberation and freedom must face its test. As such, the book offers highly nuanced and richly detailed analyses that go to the heart of the diverse dilemmas of post-apartheid South Africa as a whole, but simultaneously also provides in condensed form an extended case study on the predicaments of African postcoloniality in general. This book was originally published as a special issue of the Journal of Southern African Studies.

Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

Two decades after the publication of Clifford and Marcus’ volume Writing Culture, this collection provides a fresh and diverse reassessment of the debates that this pioneering volume unleashed. At the same time, Beyond Writing Culture moves the debate on by embracing the more fundamental challenge as to how to conceptualise the intricate relationship between epistemology and representational practices rather than maintaining the original narrow focus on textual analysis. It thus offers a thought-provoking tapestry of new ideas relevant for scholars not only concerned with ‘the ethnographic Other’, but with representation in general.

Focusing on Irish speakers in Catholic West Belfast, this ethnography on Irish language and identity explores the complexities of changing, and contradictory, senses of Irishness and shifting practices of 'Irish culture' in the domains of language, music, dance and sports. The author's theoretical approach to ethnicity and ethnic revivals presents an expanded explanatory framework for the social (re)production of ethnicity, theorizing the mutual interrelations between representations and cultural practices regarding their combined capacity to engender ethnic revivals. Relevant not only to readers with an interest in the intricacies of the Northern Irish situation, this book also appeals to a broader readership in anthropology, sociology, cultural studies, history and political science concerned with the mechanisms behind ethnonational conflict and the politics of culture and identity in general.

"This is a book that will attract a great deal of attention among anthropologists and social scientists in general. It is a great advance on earlier critiques of Writing Culture (1986) that have emerged at intervals, a large number of them cited by the contributors. Its strength lies particularly in its transdisciplinary perspectives and the clarity of both critique and new representations. The prologue is a tour de force." * Joan Vincent, Professor Emerita, Barnard College/Columbia University Two decades after the publication of Clifford and Marcus' volume Writing Culture, this collection provides a fresh and diverse reassessment of the debates that this pioneering volume unleashed. At the same time, Beyond Writing Culture moves the debate on by embracing the more fundamental challenge as to how to conceptualise the intricate relationship between epistemology and representational practices rather than maintaining the original narrow focus on textual analysis. It thus offers a thought-provoking tapestry of new ideas relevant for scholars not only concerned with 'the ethnographic Other', but with representation in general.Olaf Zenker is Assistant Professor in Social Anthropology at the University of Bern, Switzerland. He did his Ph.D. at the Max Planck Institute for Social Anthropology in Halle on the Irish language and identity in Catholic West Belfast. His publications focus on conflict and identity formations, including a study on communicative constructions of group membership among homeless people:Techniken zur kommunikativen Herstellung von Gruppenzugehorigkeit (Berlin, 2004). Karsten Kumoll is Programme Manager at the German Council of Science and Humanities (Wissenschaftsrat), advising the Federal and State (Lander) governments on the system of higher education and research. He obtained his Ph.D. in sociology from the University of Freiburg. Its subject was Marshall Sahlins' complete works and it was subsequently published as: Kultur, Geschichte und die Indigenisierung der Moderne: Eine Analyse des Gesamtwerks von Marshall Sahlins (Bielefeld, 2007).