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Comparative Law and Anthropology

Edited by James A.R. Nafziger, Thomas B. Stoel Professor of Law and Director of International Programs, Willamette University College of Law, US
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Extent: c 544 pp
Hardback Price: $290.00 Web: $261.00
Publication Date: December 2017
ISBN: 978 1 78195 517 8
Availability: Not yet published (pre-order)
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  • Law - Academic
  • Comparative Law
  • Law and Society
This cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is "ground up" without regard to unified paradigms of research or objects of study.
 
Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook’s expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. 

This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.
Contributors include: U. Acharya, C. Bell, J. Blake, S. Brink, E. Darian-Smith, R. Francaviglia, M. Lazarus-Black, P. McHugh, S.F. Moore, E. Moustaira, L. Nader, J. Nafziger, M. Novakovic, R. Price, O. Ruppel, J.A. Sanchez, W. Shipley, R. Tejani, A. Telesetsky, K. Thomas
Contents:

PART I PAST, PRESENT AND FUTURE
1. Law and Anthropology: Research Traditions
Sally Falk Moore

2. Whose Comparative Law? A Global Perspective
Laura Nader

PART II COMPLEXITY, LEGAL PLURALISM AND TOTALITY OF LEGAL IDEAS
3. Anthropology on Trial: the Hindmarsh Island Bridge Controversy (1993-2001)
P. G. McHugh

4. First Nation Control over Archaeological Sites: Contemporary Issues in Heritage Law, Policy and Practice
Catherine Bell

5. The Hybridity of Law in Namibia and the Role of Community Law in the Southern African Development Community (SADC)
Oliver C. Ruppel and Katharina Ruppel-Schlichting

6. Legal Pluralism – Linking Law and Culture in National Resource Co-Management and Environmental Compliance
Anastasia Telesetsky

PART III LEGAL SCHEMES OF MEANING AND SOCIAL SIGNIFICANCE OF LAW
7. Governance Disputes Involving First Nations in Canada: Culture, Custom and Dispute Resolution Outside of the Indian Act
William B. Shipley

8. Anthropology in International Law: the Case of Safeguarding Intangible Cultural Heritage
Janet Blake

9. Cultural Landscapes Significant to Indigenous Peoples
James A. R. Nafziger

PART IV COSMOPOLITAN COMPARATIVE PERSPECTIVES
10. Narrative of Laws, Narratives of Peoples
Elina N. Moustaira

11. Images of Muhammad: Religious Law and Freedom of Expression
Richard Francaviglia

PART V HISTORICAL ORIENTATION
12. Law, Society and Landscape in early Scandinavia
Stefan Brink

13. Transgenic Maize: The Mexican Cultural Battle
Jorge Sanchez Cordero

14. A Trinity of Culture, Law and Politics: Legal Anthropology of the Bonded Labor System in Nepal
Upendra D. Acharya

PART VI CONTEXTUAL DIFFERENCES
15. Global Law Firms in Real-World Contexts: Practical Limitations and Ethical Implications
Eve Darian-Smith

16. An Historical, Cultural and Political Perspective of Corruption in the Balkans
Novacovic

PART VII IN-DEPTH FIELD RESEARCH
17. The Anthropologist as Expert Witness: A Personal Account
Richard Price

18. Intellectual Property Law in Comparative Perspective: The Case of Trademark ‘Piracy’ in Guatemala
Kedron Thomas

19. The Voice of the Stranger: Foreign L.L.M. Students’ Experiences of Culture, Law and Pedagogy in US Law Schools
Mindie Lazarus-Black

PART VIII RELATIONSHIP WITH LEGAL ANTHROPOLOGICAL TRADITIONS AND ITS THEORETICAL AND METHODOLOGICAL CONCERNS
20. Distance in Law and Globalisation: Armchair Anthropology Revisited
Riaz Tejani

Index