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Anthropology

University of Kentucky

Law and Society

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Full-Text Articles in Social and Behavioral Sciences

Legal Anthropology: An Introduction, James M. Donovan Jan 2008

Legal Anthropology: An Introduction, James M. Donovan

James M. Donovan

LEGAL ANTHROPOLOGY: AN INTRODUCTION offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, the author outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. LEGAL ANTHROPOLOGY suggests that future progress can be made by treating as the distinguishing feature of law the perceived fairness of structural inequalities of social systems, rather than the traditional emphasis upon sanction or dispute resolution.


Legal Anthropology: An Introduction, James M. Donovan Jan 2008

Legal Anthropology: An Introduction, James M. Donovan

Law Faculty Books

LEGAL ANTHROPOLOGY: AN INTRODUCTION offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, the author outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. LEGAL ANTHROPOLOGY suggests that future progress can be made by treating as the distinguishing feature of law the perceived fairness of structural inequalities of social systems, rather than the traditional emphasis upon sanction or dispute resolution.


Prolegomenon To A Fairness-Centered Anthropology Of Law, James M. Donovan Mar 2007

Prolegomenon To A Fairness-Centered Anthropology Of Law, James M. Donovan

James M. Donovan

Legal anthropology, which began with Malinowski’s holistic reflections on law, has today drifted toward an emphasis on the study of dispute resolution. Part I outlines the three historical phases of this development—Holism, Realism, and Processualism—and identifies two shortcomings of viewing the dispute as the central problem for legal anthropology: (1) the collapse of law into dispute analyses has not been, and perhaps cannot be, fully theorized; and (2) the most pressing of current problems, such as human rights and intellectual property issues, cannot be reduced without distortion to the disputing paradigm. Part II offers fairness as an ...