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Social and Behavioral Sciences

University of Kentucky

Anthropology

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Legal Anthropology: An Introduction, James M. Donovan Jan 2008

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.


Legal Anthropology: An Introduction, James M. Donovan Jan 2008

Legal Anthropology: An Introduction, James M. Donovan

Law Faculty Books and Chapters

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.


"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan Dec 2005

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

James M. Donovan

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …


"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan Dec 2005

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

Law Faculty Scholarly Articles

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …