Law Commons^™

Sexual Violence As The Language Of Border Control: Where French Feminist And Anti‐Immigrant Rhetoric Meet, Miriam Ticktin

Publications and Research

When I first arrived in the Paris region in 1999 to do research on the struggle by undocumented immigrants (les sans papiers) for basic human rights, discussions of violence against women were remarkably absent from the public arena. Nongovernmental organizations and researchers had begun to broach the topic, but with little public visibility. However, this changed in late 2000, with a media explosion on the issue of les tournantes, or the gang rapes committed in the banlieues of Paris. Such tournantes involve boys “taking turns” with their friends’ girlfriends, both parties usually being of Maghrebian or North …

Fighting Nuclear Waste At Skull Valley, Margene Bullcreek

Native American Forum on Nuclear Issues

Abstract:

-Reasons We Oppose Nuclear Waste

-Sovereignty

-Traditional values must be protected

-Protect sacredness of our culture, plants,

animals, air, and water

-Affects on community health

-Protect reservation and homeland

-To protect the air and water

-To protect future generations

-Environmental Justice

Effects Of The Criminalization Of Hiv Transmission In Cuerrier On Men Reporting Unprotected Sex With Men, Barry D. Adam, Richard Elliott, Winston Husbands, James Murray, John Maxwell

Sociology, Anthropology, and Criminology Publications

This paper reports on the perceptions and practices of men who have frequent unprotected sex with men in a socio-legal environment defined by the 1998 decision of the Supreme Court of Canada in R. v. Cuerrier. HIV-positive people are increasingly finding themselves in court since Cuerrier and many are trying to take account of legal reasoning in their own conduct. The judicial construction of behaviour likely to transmit HIV relies on a set of presumptions concerning individual responsibility, rational and contractual interaction, and consenting adults that raise a series of ambiguities and uncertainties among HIV-positive people attempting to implement …

Archaeology, History And Activities At Fort St. Joseph 5: Project History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 5.

Investigations at the long lost fort were begun in 1998 by WMU archaeologists.

Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 8.

Written documents indicate that the Jesuit priests settled among neighboring Native American groups and were successful at creating some converts at the St. Joseph mission.

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

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

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

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

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

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

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

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

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

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

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

Wolfgang Fikentscher

Illustrations

Can A Person Subject To Islamic Law Make A Will In Nigeria?: Ajibaiye V Ajibaiye And Mr. Dadem’S Wild Goose Chase, Abdulmumini A. Oba

Abdulmumini A Oba

Subsequent to the controversial case of Yunusa v Adesubokan (1971) where Supreme Court which held that a Muslim can make will under the Wills Act even if the terms of the will are inconsistent with inheritance laws under Islamic law, the Wills Act and the various State Wills Laws were amended by making them subject to Islamic law and customary law. While the amendments have been upheld severally by the Supreme Court in relation to customary law, the Court of Appeal case of Ajibaiye v Ajibaiye (2007) is the first reported case in relation to Islamic law. Mr. Dadem in …

De Paradojas Y Neocons, Mario Šilar

Mario Šilar

No abstract provided.

Political Liberalism And Public Reason, Mario Šilar

Mario Šilar

The paper explores John Rawls´s idea of public reason, as reflected in Political Liberalism and The Idea of Public Reason Revisited. In Rawls’s later works, public reason acquires fundamental significance as a criterion by which the principles to be assumed from the outset in a theory of political justice may be determined. The starting-point for Rawls´s theory -the idea of citizens as free and equal reveals- that this abstraction falls short of an authentic conception of human beings as social by nature. A brief study of key issues concerning marriage and the family shows the difficulties that underlie this question. …

The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar

Mario Šilar

No abstract provided.

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.

Archaeology, History And Activities At Fort St. Joseph 1: What Is Archaeology?, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 1.

What is Archaeology and Historical Archaeology?

Archaeology, History And Activities At Fort St. Joseph 4: Commercial Activities At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 4.

Fort St. Joseph was an important link in the chain of frontier outposts that marked the far reaches of New France and facilitated the fur trade between the French and Native Americans in the Western Great Lakes region.

Archaeology, History And Activities At Fort St. Joseph 6: Military Presence At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 6.

From 1691 to 1698 and from 1717 to 1761, French military personnel occupied Fort St. Joseph to defend the site's strategic position on a major trade route near the portage between the St. Joseph and Kankakee rivers, while maintaining alliances with friendly Native American groups to facilitate the trade in furs.

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.

Archaeology, History And Activities At Fort St. Joseph 2: Fort History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 2.

The French established Fort St. Joseph in 1691 in present day Niles.

Archaeology, History And Activities At Fort St. Joseph 3: Change And Continuity At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 3.

At Fort St. Joseph, evidence points to many instances of cross-cultural exchange between the French fort inhabitants and neighboring Native American groups such as the Potawatomi, Miami and Sauk.

Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7.

The Fort St. Joseph Archaeological Project practices community service learning.

One of the main goals of the Fort St. Joseph Archaeological Project is to incorporate the local community in all aspects of the archaeological enterprise in the investigation.

A Theory Of Adjudication: Law As Magic, Jessie Allen

Articles

This article takes a new approach to the problem of legal rationality. In the 1920s and 1930s the Legal Realists criticized judicial decisions as "magic solving words" and "word ritual." Though the Realist critique continues to shape American jurisprudence, the legal magic they observed has never been seriously explored. Here, drawing on anthropological studies of magic and ritual, I reconsider the irrational legal techniques the Realists exposed. My thesis is that the Realists were right that law works like magic, but wrong about how magic works. That is, they were right that adjudication makes use of a particular combination of …