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書名 Legalism : anthropology and history / edited by Paul Dresch and Hannah Skoda
出版項 Oxford, U.K. : Oxford University Press, 2012
國際標準書號 9780199664269 (hbk.)
0199664269 (hbk.)
book jacket
館藏地 索書號 處理狀態 OPAC 訊息 條碼
 人文社會聯圖  K487.A57 L44 2012    在架上    30660020107483
版本 1st ed
說明 xii, 353 p. ; 25 cm
附註 Includes bibliographical references (p. [307]-348) and index
Legalism, Anthropology, and History : A View from Part of Anthropology / Paul Dresch -- A Historian's Perspective on the Present Volume / Hannah Skoda -- Ideas of Law in Hellenistic and Roman Legal Practice / Georgy Kantor -- Centres of Law : Duties, Rights, and Pluralism in Medieval India / Donald Davis Jr -- The Evolution of Sanctuary in Medieval England / T.B. Lambert -- Aspects of Non-State Law : Early Yemen and Perpetual Peace / Paul Dresch -- The English Medieval Common Law (to c. 1307) as a System of National Institutions and Legal Rules : Creation and Functioning / Paul Brand -- Rightful Measures : Irrigation, Land, and the Shari'ah in the Algerian Touat / Judith Scheele -- Lord Kyaw Thu's Precedent : a Sixteenth-Century Burmese Law-Report / Andrew Huxley -- Custom, Combat, and the Study of Laws : Montesquieu Revisited / Malcolm Vale -- Legal Performances in Late Medieval France / Hannah Skoda
"In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy."--Publisher's description
主題 Law and anthropology
Law -- Philosophy -- History
Law -- Philosophy -- Cross-cultural studies
Alt Author Dresch, Paul
Skoda, Hannah, 1981-
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