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Author: Oscar G Chase Publisher: NYU Press ISBN: 0814716792 Category : Law Languages : en Pages : 223
Book Description
"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons
Author: Oscar G Chase Publisher: NYU Press ISBN: 0814716792 Category : Law Languages : en Pages : 223
Book Description
"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons
Author: Max Gluckman Publisher: Routledge ISBN: 1351498150 Category : Social Science Languages : en Pages : 405
Book Description
What can we learn from tribal societies about the ways in which, in a variety of social settings, groups of men resolve their conflicts with other men? In order to answer this question, Politics, Law and Ritual in Tribal Society compares nearly forty case study societies, most of them in Africa, in their reconstructed pre-colonial tribal condition, comparing their small-scale social relations to their large-scale social context. At the outset Gluckman explains to the reader that custom is the focus of interest of all types of anthropology. Yet his approach manifests a strong interest in economy, politics, and social relationships.In the volume, Max Gluckman offers a succinct version of a lifetime of opinionated analysis. This material is organized by theme and the ethnographic examples appear as brief illustrations of theoretical questions. Discussed here also is the relation between disputes and struggles for power within the context of mechanisms of social control and stability.In addition, Gluckman presents a step-by-step survey of the cumulative development of the anthropological analysis of tribal institutions, from the nineteenth century to the present, and supports the argument that anthropology is a science rather than an art. The new masterful introduction by Sally Falk Moore, along with a new postscript of Gluckman's professional activities and publications, provides newcomers to the work of Gluckman with deep insights into the contents as well as contexts within which the great anthropologist worked.
Author: Barry Stephenson Publisher: Oxford University Press ISBN: 0199943591 Category : Religion Languages : en Pages : 160
Book Description
Ritual is part of what it means to be human. Like sports, music, and drama, ritual defines and enriches culture, putting those who practice it in touch with sources of value and meaning larger than themselves. Ritual is unavoidable, yet it holds a place in modern life that is decidedly ambiguous. What is ritual? What does it do? Is it useful? What are the various kinds of ritual? Is ritual tradition bound and conservative or innovative and transformational? Alongside description of a number of specific rites, this Very Short Introduction explores ritual from both theoretical and historical perspectives. Barry Stephenson focuses on the places where ritual touches everyday life: in politics and power; moments of transformation in the life cycle; as performance and embodiment. He also discusses the boundaries of ritual, and how and why certain behaviors have been studied as ritual while others have not. Stephenson shows how ritual is an important vehicle for group and identity formation; how it generates and transmits beliefs and values; how it can be used to exploit and oppress; and how it has served as a touchstone for thinking about cultural origins and historical change. Encompassing the breadth and depth of modern ritual studies, Barry Stephenson's Very Short Introduction also develops a narrative of ritual's place in social and cultural life. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: Albert D. Pionke Publisher: Routledge ISBN: 1317017382 Category : Literary Criticism Languages : en Pages : 228
Book Description
Focusing on the middle decades of the nineteenth century, Albert D. Pionke's book historicizes the relationship of ritual, class, and public status in Victorian England. His analysis of various discourses related to professionalization suggests that public ritual flourished during the period, especially among the burgeoning ranks of Victorian professions. As Pionke shows, magazines, court cases, law books, manuals, and works by authors that include William Makepeace Thackeray, Thomas Hughes, Anthony Trollope, Charles Dickens, George Eliot, and Elizabeth Barrett Browning demonstrate the importance of ritual in numerous professional settings. Individual chapters reconstruct the ritual cultures of pre-professionalism provided to Oxbridge undergraduates; of oath-taking in a wide range of professional creation and promotion ceremonies; of the education, promotion, and public practice of Victorian barristers; and of Victorian Parliamentary elections. A final chapter considers the consequences of rituals that fail through the lens of the Eglinton tournament. The uneasy place of Victorian writers, who were both promoters of and competitors with more established professionals, is considered throughout. Pionke's book excavates Victorian professionals' vital ritual culture, at the same time that its engagement with literary representations of the professions reconstructs writers' unique place in the zero-sum contest for professional status.
Author: Paul R. Katz Publisher: Routledge ISBN: 1134067879 Category : History Languages : en Pages : 239
Book Description
This book considers the ways in which religious beliefs and practices have contributed to the formation of Chinese legal culture. It does so by describing two forms of overlap between religion and the law: the ideology of justice and the performance of judicial rituals. One of the most important conceptual underpinnings of the Chinese ideology of justice is the belief in the inevitability of retribution. Similar values permeate Chinese religious traditions, all of which contend that justice will prevail despite corruption and incompetence among judicial officials in this world and even the underworld, with all wrongdoers eventually suffering some form of punishment. The second form of overlap between religion and the law may be found in the realm of practice, and involves instances when men and women perform judicial rituals like oaths, chicken-beheadings, and underworld indictments in order to enhance the legitimacy of their positions, deal with cases of perceived injustice, and resolve disputes. These rites coexist with other forms of legal practice, including private mediation and the courts, comprising a wide-ranging spectrum of practices Divine Justice will be of enormous interest to scholars of the Chinese legal system and the development of Chinese culture and society more generally.
Book Description
What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.
Author: Alison Dundes Renteln Publisher: Oxford University Press, USA ISBN: 9780195154030 Category : Law Languages : en Pages : 422
Book Description
Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.
Author: Lawrence Rosen Publisher: Princeton University Press ISBN: 1400887585 Category : Law Languages : en Pages : 232
Book Description
Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.
Author: Mathew Davies Publisher: Cambridge University Press ISBN: 1108667414 Category : Political Science Languages : en Pages : 152
Book Description
Why has ASEAN endured and why do members, many of whom remain comparatively weak and poor, continue to invest in the regional project? Existing answers, either that ASEAN is meaningless or that it has transformed regional affairs through the creation of shared values are both misplaced. Neither argument is empirically plausible. Instead, this Element argues that ASEAN has and continues to serve state interest through the creation of a shared ritual and symbolic framework. This framework has mitigated regional tension through the performance of regionalism, but has not fundamentally addressed the sources of that tension.
Author: Oscar G Chase
Author: Oscar G Chase
Author: Max Gluckman
Author: Barry Stephenson
Author: Eric A. Feldman
Author: Albert D. Pionke
Author: Paul R. Katz
Author: René Provost
Author: Alison Dundes Renteln
Author: Lawrence Rosen
Author: Mathew Davies