Legalism: Anthropology and History by Paul Dresch, Hannah Skoda
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Overview: Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of ‘law’? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own.
In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people’s lives varies within and between societies, and over time, but it can colour equally both ‘simple’ and ‘complex’ law. Breaking with recent emphases on ‘practice’, nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life.
Genre: Law > Perspectives on Law > Legal History
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