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The Anthropology of Law

Fernanda Pirie.

October 2013; p ublished online January 2014 .

Book. Subjects: Comparative Law; Jurisprudence and Philosophy of Law. 288 pages.

Questions about the nature of law, its relationship with custom, and the distinctive form of legal rules, categories, and reasoning, are placed at the centre of this book. The book...

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Community as an Achievement

Judith Scheele.

in Legalism

July 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Comparative Law. 10753 words.

In Kabylia, villages are important institutions, legislating, ruling, and maintaining their own protected spaces. ‘Customary law’ marks the local as particular, and transgressions are...

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Community, Justice, and Legalism

Fernanda Pirie.

in Legalism

July 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Comparative Law. 11157 words.

A contrast is drawn between two parts of the Tibetan region to question common associations between justice and community. Coordination of agricultural activities and social relations in...

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Conclusion

Paul Craig.

in The Anthropology of Law

October 2013; p ublished online January 2014 .

Chapter. Subjects: Comparative Law; Jurisprudence and Philosophy of Law. 4852 words.

This chapter presents some final thoughts. It first addresses the question of why anthropologists should ask about the nature of law and what it contributes to the wider field of...

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Defining Boundaries

James McComish.

in Legalism

July 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Comparative Law. 10807 words.

In the complex jurisdictional landscape of early modern England, legal boundaries were omnipresent, yet the image of the legally-bounded community was an ambiguous and imperfect metaphor....

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From Theology to Law

Robert W. Thomson.

in Legalism

July 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Comparative Law. 10306 words.

Once Armenians began writing in their own language, a collection of canon law quickly developed. There was no counterpart for secular law, however. Legal disputes were settled in the courts...

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Ideals, Tradition, and Authority

Paul Craig.

in The Anthropology of Law

October 2013; p ublished online January 2014 .

Chapter. Subjects: Comparative Law; Jurisprudence and Philosophy of Law. 9421 words.

This chapter discusses the legal traditions of China and ancient Greece, and looks at English common law. It shows that despite claims of embodying rationality and reason, the appeal of...

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Introduction

Paul Craig.

in The Anthropology of Law

October 2013; p ublished online January 2014 .

Chapter. Subjects: Comparative Law; Jurisprudence and Philosophy of Law. 9739 words.

This introductory chapter addresses the question of why anthropologists should explore the nature of law. The discussions cover law as an anthropological subject; law as a polythetic...

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Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe

Dean Spielmann.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law; Jurisprudence and Philosophy of Law. 12687 words.

Constitutional courts have made a fundamental contribution in clarifying the domestic binding force of the European Convention on Human Rights, in spite of the divergences as to its status...

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Justice, Community, and Law

Fernanda Pirie and Judith Scheele.

in Legalism

July 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Comparative Law. 10997 words.

The introduction reviews recent work in anthropology, history, and law, examining current use of the terms ‘community’ and ‘justice’. Justice is the subject of an extensive literature in...

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