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Prolegomenon To A Fairness-Centered Anthropology Of Law, James M. Donovan
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 alternative organizing concept …
A New Concept Of "History": A Dialogue Between Reinhart Koselleck And Chela Sandoval, Ruth E. Bryan
A New Concept Of "History": A Dialogue Between Reinhart Koselleck And Chela Sandoval, Ruth E. Bryan
Ruth E. Bryan
This paper explore the meaning and conception of “history” as used by Chela Sandoval in her article “U.S. Third World Feminism: The Theory and Method of Oppositional Consciousness in the Postmodern World” (1991) and Reinhart Koselleck in his book of essays, Futures Past (1985). For both writers, "history” is based in the relationship of past experience to future expectations. However, for Koselleck, “history” contains the expectation of positive progress. Thus, in his conception, all people have the same general experience (a conception of the past), therefore we all conceptualize history in the same way, therefore we are all equally happy …