Social and Behavioral Sciences Commons^™

The Fairness Model Of Legal Institutions, James M. Donovan

Law Faculty Books and Chapters

If any group is to endure over time, individual frustrations, while inevitable, must be usually experienced as acceptable, or at least tolerable. Failing that, little would prevent the losers in these conflicts from leaving or revolting, which would be cumulatively debilitating to the group. As opposed to holding law’s job to impose order and police infringers, the second approach suggests that finding the balance between group and individual desires is the ‘major difficulty of all law—the problem of really getting a fresh start in relations between litigants after disposition of a trouble-case. This is the problem not only of keeping …

Ancient Maya Commerce: Multidisciplinary Research At Chunchucmil, Scott R. Hutson

Anthropology Faculty Book Gallery

Ancient Maya Commerce presents nearly two decades of multidisciplinary research at Chunchucmil, Yucatan, Mexico—a thriving Classic period Maya center organized around commercial exchange rather than agriculture. An urban center without a king and unable to sustain agrarian independence, Chunchucmil is a rare example of a Maya city in which economics, not political rituals, served as the engine of growth. Trade was the raison d’être of the city itself.

Using a variety of evidence—archaeological, botanical, geomorphological, and soil-based—contributors show how the city was a major center for both short- and long-distance trade, integrating the Guatemalan highlands, the Gulf of Mexico, and …

The Insecure City: Space, Power, And Mobility In Beirut, Kristin V. Monroe

Anthropology Faculty Book Gallery

Fifteen years after the end of a protracted civil and regional war, Beirut broke out in violence once again, forcing residents to contend with many forms of insecurity, amid an often violent political and economic landscape. Providing a picture of what ordinary life is like for urban dwellers surviving sectarian violence, The Insecure City captures the day-to-day experiences of citizens of Beirut moving through a war-torn landscape.

While living in Beirut, Kristin Monroe conducted interviews with a diverse group of residents of the city. She found that when people spoke about getting around in Beirut, they were also expressing larger …

Reciprocity As A Species Of Fairness: Completing Malinowski’S Theory Of Law, James M. Donovan

Law Faculty Books and Chapters

The present essay seeks to recast Malinowski’s arguments grounding law in the social phenomena of reciprocity in light of current information. Reciprocity is argued to be a higher order construct built out of more basic influences, the most relevant of which are the inherent fairness evaluations humans perform in contexts of distributive justice. Deconstructing Malinowski’s claims into these elemental components preserves the original insight that explains the civil law in terms of social reciprocity. More importantly, this analysis generates a description for the criminal law in these same terms, something Malinowski himself was unable to achieve. The outcome realizes his …

Introduction, James M. Donovan

Law Faculty Books and Chapters

The Chosen People, John Allegro’s attempt to uncover the historical sources for the world’s enduring anti-Semitism, bears the marks of his wish to appeal to two disparate readerships. Allegro’s fluent command of the relevant primary literature is more than sufficient reason for his arguments to be taken seriously. He knows whereof he speaks. He spins the details, however, into a story more akin to a gripping potboiler of palace intrigue and political machination than to a dry recitation of long-forgotten events. Relying upon in-text citations, Allegro was scolded by reviewers for eschewing the fully footnoted scholarly apparatus usually found …

Defining Religion, James M. Donovan

Law Faculty Books and Chapters

The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the …