Anthropology & Law

by Donovan, James M.; Anderson, H. Edwin, III

• ISBN13: 9781571814234
• ISBN10: 157181423X
• Format: Hardcover
• Copyright: 2003-07-01
• Publisher: Berghahn Books

Summary

The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems. Legal practice renders a further important benefit to anthropology when it validates anthropological knowledge through the use of anthropologists as expert witnesses in the courtroom and the introduction of the "culture defense" against criminal charges. Although the actual relationship between anthropology and law today falls short of this idealized state of balanced reciprocity, the authors include historical and other data suggesting that that level of intimate cooperation draws ever closer.

Table of Contents

Preface	viii
Introduction: The Thesis of Balanced Reciprocity	1	(28)
What is Anthropology?
What is Law?
The Historical Interactions between Anthropology and Law
Limitations of the Argument
Practical Benefits of Anthropology to Law	29	(53)
The Philosophical Background: ``Is'' versus ``Ought''
Case Study: The Criminalization of Polygamy
Conclusion
Practical Benefits of Law to Anthropology	82	(41)
The Identity and Stature of Anthropology
Obstacles to the Legal Use of Anthropological Data
Anthropologist as Expert Witness
Anthropology as Social Authority
Conclusion
Theoretical Benefits of Anthropology to Law	123	(52)
What is ``Religion''?
What are ``Human Rights''?
Conclusion
Theoretical Benefits of Law to Anthropology	175	(27)
Law as Originative of Society
Law as the Key to Culture
Conclusion
Conclusion: Outlook and Recommendations	202	(8)
The Intermediate Period of Degeneracy
Prospects for the Future
Selected Bibliography	210	(11)
Index	221