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Articles 1 - 17 of 17
Full-Text Articles in Social and Behavioral Sciences
Chapter 04: Social Norms, Wolfgang Fikentscher
Chapter 04: Social Norms, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. The issue of social norms, well-known in moral theory, has not yet been much discussed in cultural anthropology. Chapter 4 develops a theory of social norms by identifying them with the fora on which humans can be held responsible.
Chapter 12: Torts, Crimes, Sanctions. Witchcraft And Related Issues (The Anthropology Of Compensatory Or Retributive Justice), Wolfgang Fikentscher
Chapter 12: Torts, Crimes, Sanctions. Witchcraft And Related Issues (The Anthropology Of Compensatory Or Retributive Justice), Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 12 on torts and other wrongdoings will treat, along with the traditionally well researched basic concepts of this field of legtal anthropology (to which only brief attention will be given) a recently again debated alleged contrast between shame and guilt societies, the phenomenon of knowledge as witchcraft, and a short report on the growth and institutionalization of international criminal law. Early cultures do not distinguish between torts and crimes. They speak of wrongdoings. A designation of the person who commits the the tort or crime, is a “perpetrator” who is the defendant in civil and …
Chapter 03: Basic Concepts, Wolfgang Fikentscher
Chapter 03: Basic Concepts, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Dealing with basic concepts of legal anthropology in Chapter 3, the presently much discussed (and practically important, see Chapter 13 V.1.), a focus is on the issue of ethnicity and cultural identity. Furthermore, Chapter 3 offers a freshly organized presentation of what may be called the issue of civilizational stages, in preparation of Chapter 9 where correlations between organizational, economical, religious and thought-modal traits are discussed. In Chapter 3, definitorial and functional aspects of basic concepts of anthropology are separated. For example, big man society, lineage, ramage, and clan structures are presented as such, and not …
Chapter 07: Biological Anthropology In Its Relation To The Anthropology Of Law, Wolfgang Fikentscher
Chapter 07: Biological Anthropology In Its Relation To The Anthropology Of Law, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Systematically, anthropology c an be divided in cultural and biologocal (=physical, physiological) anthropology. Historically, in all stages of its development, anthropology has its period-specific relationship between its cultural and biological side. The following four examples may illustrate this: The cultural-anthropological evolutionists were strongly influenced by the biologist Charles Darwin. Bronislaw Malinowski’s functionalism focused on behavioral and psychological side of human society. Later anthropological studies included biological data in their ethnographic, materialist, or structuralist studies. The biological-anthropological research on – apparently - innate universals such as incest avoidance, hierarchy, possession, and liberty to act pose legal issues. …
Chapter 06: Analyses In Cultural Anthropology, Wolfgang Fikentscher
Chapter 06: Analyses In Cultural Anthropology, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 6, on anthropological analyses, starts with a criticism of ethnocentrism by using some contemporary examples, including the much debated “export of democracy”, in connection with Immanuel Kant’s theory of “eternal peace” through democracy. Chapter 6 also introduces the new idea of using synepeia analysis, as developed for the cultural anthropology of the modes of thoughts, as useful for other issues of cultural anthropology as well. This adds a new dimension to the much debated emic-etic discussion. It will be shown that a solution to this discussion might be the replacement of the traditional inside-outside approach …
Chapter 16: Applied Anthropology Of Law, Postscript - Update Apr09-Jan10, Wolfgang Fikentscher
Chapter 16: Applied Anthropology Of Law, Postscript - Update Apr09-Jan10, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 16 focuses on applied anthropology and contains a renewed appeal, directed to the younger generation, to become engaged in culture-pertinent legal work. Currently much debated issues are ethnocentrism, modes of thought, identity, inalienable rights, problems related to the US, Europe, and Islam, as well as multicultural, ecumenical, foreign aid, and comparative issues. Applied anthropology is the use of anthropology in a prescriptive sense. Anthropologists are sometimes asked to prepare economic or political steps to be taken by international organizations, national governments, non-governmental organizations (NGOs), foreign aid groups, military planners, environmental expert teams, trade unions, etc. …
Chapter 10: Reciprocity, Exchange, Gifts, Contracting, Trust (The Anthropology Of Commutative Justice), Wolfgang Fikentscher
Chapter 10: Reciprocity, Exchange, Gifts, Contracting, Trust (The Anthropology Of Commutative Justice), Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. The anthropology of law borders at the anthropologies of religion and of economics. Interdisciplinary work in these three fields is essential. In the anthropology of economics, this raises the issue whether to approach the overlapping areas from the economic or the anthropological side. This chapter argues in favor of the latter, reporting on (I.). an overview of the mainstream results and ensuing remarks and, (II.) because of their special importance for modern political tasks, the anthropology of the market and of competition, including the anthropologies of giving thanks and corruption. As in all chapters, a bibliography …
American Indian Law Codes: Pragmatic Law And Tribal Identity, Wolfgang Fikentscher, Robert Cooter
American Indian Law Codes: Pragmatic Law And Tribal Identity, Wolfgang Fikentscher, Robert Cooter
Wolfgang Fikentscher
No abstract provided.
Chapter 13: Jurisdiction. Procedure And Dispute Settlement. Conflicts Of Law (The Anthropology Of Jurisdictional Justice, Of Procedural Justice, And Of Conflicts Justice), Wolfgang Fikentscher
Chapter 13: Jurisdiction. Procedure And Dispute Settlement. Conflicts Of Law (The Anthropology Of Jurisdictional Justice, Of Procedural Justice, And Of Conflicts Justice), Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. As mentioned in the foreword, Chapter 13, in addition to presenting general aspects of procedure, deals with the legal anthropology of conflict of laws as a novelty that will be discussed at greater detail using Native American material for sake of illustration. Comments concerning, heuristic law finding, culture-specific maxims of legal procedure, and the context of material, substantive procedural, and jurisdictional law, are also included.
Chapter 01: Anthropology Of Law As A Science - Prefatory Materials, Wolfgang Fikentscher
Chapter 01: Anthropology Of Law As A Science - Prefatory Materials, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 1 redefines the position of legal anthropology within the social sciences. A new definition of law for anthropological purposes is sought, and in this context authority as an indispensable conceptional element of law is discussed in a new light. The relationship of law and justice will appear in a new light. Legal pluralism willo show two separable dimensions. Among the social science aspects of anthropology, empirical thinking and guidance by models are being contrasted and related to Pre-socratic, Platonic and Kantian epistemology.
Chapter 09: Societal Order, Personhood, And Human Rights (The Anthropology Of Constitutional Justice), Wolfgang Fikentscher
Chapter 09: Societal Order, Personhood, And Human Rights (The Anthropology Of Constitutional Justice), Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Next to family and kinship, society is the closest framework and mark of orientation to a “higher mammal” such as the human being (cf. Chapter 7; and I., below). Chapter 9 deals with societal and social ordering of human life and thus represent the “public side” of personhood. This gives rise to a simultaneous discussion of the concept of personhood in anthropology. Johann Wolfgang Goethe once remarked in his drama “Dr. Faustus”: “It’s in their gods that humans paint themselves” (In seinen Göttern malt sich der Mensch). Similarly, Goethe could have said: “In his companionships man …
Chapter 17: Illustrations, Wolfgang Fikentscher
Chapter 08: Kinship Patterns, And Other Anthropological Aspects Of Family And Gender Law, Wolfgang Fikentscher
Chapter 08: Kinship Patterns, And Other Anthropological Aspects Of Family And Gender Law, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. In kinship anthropology, up-to-date economic and demographic reasons for the existing six kin terminology systems are given, and implemented by new insights in cross cousin marriage and fear of incest. The rest of the Chaper is devoted to polygamy and gender issues.
Chapter 14: Native American Law, Wolfgang Fikentscher
Chapter 14: Native American Law, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 14 is based on fieldwork among North American Pueblos and other Native American nations, the results of which have already been published elsewhere (Cooter & Fikentscher, cites in Chapter 1 I. 6. a., above). Therefore, Chapter 14 is short. It brings what has been included in the Readers of 1996 to 2000 (see the remarks in the Preface above), in an amended and revised form.
Chapter 11: Possession, Ownership, Probate; Market And Non-Market Economies; Antitrust; Cultural Property And Heritage Of Mankind (The Anthropogy Of Distributive Justice), Wolfgang Fikentscher
Chapter 11: Possession, Ownership, Probate; Market And Non-Market Economies; Antitrust; Cultural Property And Heritage Of Mankind (The Anthropogy Of Distributive Justice), Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 11 on ownership discusses, next to a brief introduction to the essentials of the field, aspects of anthropological respect for the environment and of other collective goods as well as the anthropology behind the protection of traditional knowledge and cultural heritage..These rather recent additions to traditional anthropological discourse are examined, using the relationship between preservation of nature and preservation of culture as general frame. In an interesting comparison Elena Bonner, the spouse of Andrej Sacharow, remarked that Marxism had a stronger desorienting and mind-destroying force than National Socialism. As brutal, extortionate, and deadly as the …
Chapter 15: Other Ethnic Groups. The International Law Of Indigenous Peoples. Global Human Rights, Wolfgang Fikentscher
Chapter 15: Other Ethnic Groups. The International Law Of Indigenous Peoples. Global Human Rights, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. “Native American “(Indian) law is the only law of one ethnic group considered at some detail in this book. Other tribes and nations cannot be dealt with here. A complete system of ethnologies would be desirable but nobody in the world can present in-depth studies of a larger number of ethnic groups. Chapter 15 offers suggetions on how to research other ethnic groups, with a summary on recent international law of indigenous peoples and a survey of the discussions concerning worldwide human rights.
Chapter 05 : Theories Of Culture And Cultures, Wolfgang Fikentscher
Chapter 05 : Theories Of Culture And Cultures, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 5 on the attributes of culture and cultures is structured according to the influence of the axial age. The term has already been mentioned in Chapter 1 II. 4. and Chapter 3 III, IX. 2., above.What does axial age mean, and how is it related to other theories of cultural development? A new approach is offered as to the role of time concepts for the distinctions between cultures. By sketching circles of cultures (in particular the modes of thought that shape cultures) some modern issues find discussion, for example the question of whether in view …