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Legal Anthropology: An Introduction, James M. Donovan
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.
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 …