The Dynamics of Repressive Habitus Laws: Ethnographic Case Study in Unwima (original) (raw)
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Journal of Legal Pluralism and Unoffical Law, 2018
Legal anthropology and legal sociology have much in common. Traditionally, however, these approaches have tried to maintain disciplinary boundaries toward each other. Latest since the 1990s, these boundaries have become more and more porous and the academic practices of boundary-making do seem to convince practitioners of these fields less and less. The recent emergence of a subfield of the anthropology of the state situated at the interface of legal anthropology, legal sociology, ethnographic studies of bureaucracies and organizational sociology attests to this development. In this introduction, we propose to consciously transgress the traditional boundaries between legal anthropology, legal sociology and the anthropology of the state when it comes to the ethnographic investigation of official law. Based on the contributions to this special issue-consisting of empirical articles and commentaries-we map several avenues for boundary transgressions and the theoretical reconceptualizations these may engender. Among them are: looking at legal institutions of the state as practicing both informal formality and formal informality; moving from socio-spatial metaphors to investigating official law-places and-spaces as ethnographic objects; and studying norm-making within official law as a wider field of practice.
Discover the Legal Concept in the Sociological Study
Substantive Justice International Journal of Law
This paper specifically examines the concept of law in a sociological study to find out how the law develops and how the law implemented or enforced as a unity in the legal system. This paper-based on the normative juridical method, using legal materials collected and analyzed using qualitative methods. The results show that the sociological of law studies as part of the activities of drafting legal products and the preparation of legal products is not just a juridical process. The processes of transformation from social desires into laws and regulations both in political and sociological contexts do not only occur during the formation of a regulation, continue and continually correct the legal products that produced. Law enforcement related to the sociology of law that observes the reality of how the law is working on different social structures, this scientific approach is expected to not only provide advice related to the development of legal science alone, but also must be applied, but unfortunately in the development of this science itself is not able to develop dynamically because observations that are not equally displayed in providing input to the development of legal protection in Indonesia.
Legal Anthropology, syllabus, Emilio Dabed, Al Quds Bard College, 2014
Theoretical approaches and methodological choices in the anthropological study of the “legal” share the assumption that normative phenomena and, more specifically, law is a social product, carrying the traces of the context in which they are produced. In this sense, norms/law can be understood as “metaphoric representation” of their social and political context. At the same time, anthropological legal research has looked abundantly at the ways in which law participates in the creation of social reality. In assessing the “performative” impact of juridical phenomena, or what Bourdieu refers to as the “power of law”, an analysis of the relation between legal processes, discursive practice and political and social changes is imperative. The central argument is, thus, that juridical phenomena “not only reflect but also produce and reinforce social processes”.
Sociology of law and the problem of normative closing the discourse
СОЦИОЛОШКИ ДИСКУРС, 2017
Sociology of law, as well as other special sociological disciplines dealing withsocial institutions, is burdened by the epistemological - methodological diffi -culties in their studies (sociological studies of law). Th e diffi culties are causedby the diff erentiation of the institutions in the terms of building self- identityand autonomy and they appear in the form of institutional resistance anddiscursive exclusion. All the problems can be identifi ed as the eff ect of the operationalclosure of the institutions and production of the self-description. Inthe case of law we discuss the normative closure of the discourse as an expressionof the institutional resistance and discursive expropriation. Th e focus ofthe work are the epistemological and methodological diffi culties as a problemfor the Sociology of Law, and the problem of the normative closing of thelegal discourse as the cause. Th e manifestation of the epistemological - methodologicaldiffi culties can be seen in several ins...
The Ethnography of Law: A Bibliographical Survey
Current Anthropology, 1966
THIS BIBLIOGRAPHY, A SELECTED SAMPLE of the world's literature on law, has been prepared to encourage and facilitate contemporary social science research in law. Although a major portion of this bibliography has been annotated, we have included items that have not been available for annotation. Since this bibliog raphy makes no pretense of being exhaustive or final, corrections and additions will be appreciated. FACTORS THAT INFLUENCED THE SELECTION Work by a variety of professionals is represented: (a) empirical field work on law by professional an thropologists; (b) studies by missionaries and admin istrators in societies where either no other material is available or the material is particularly good (e.g. sources on African peoples such as Hoffman on Sotho law, 1934, Or Howell On Nuer law, 1954); (c) works by lawyers (e.g., S. Y. Seymour on South Africa, and T. O. Elias on West Africa) and judges (e.g., N. Smith on the Maori); (d) reports by travelers and lay ob servers (e.g., G. Feifer on Russian law, 1964); and (e) studies by a few philologists (see the German lit erature in particular). \Y/e have been primarily interested in reports by This bibliographic survey was made possible by support from the Center for Advanced Study in the Behavioral Sciences, Stanford, California, the Center for the Study of Law and Society at the University of California, Berkeley, and research funds made available (0 the Department of Anthropology by the University of California, Berkeley. Many people have helped in the compilation of this work.
2018
Course description The aim of the seminar is to problematize law in socio-legal and multidisciplinary approaches and to trace "law in action" beyond the static and descriptive dimension of legislations. Locating law in its socio-temporal context and considering the legal phenomena as a multi-layered dynamic process, the seminar intends to explore the complex relationship between law, legal institutions and socio-historical dynamics and to problematize law within the social landscape and the particular cultural settings in which it emerges in relation to a variety of social actors. As Christopher Tomlins argues, the project of situating law in its socio-temporal context engenders an almost infinite set of relationships for examination. Normative approaches investigating law only understand it within the narrow context of legal reforms and are far from reflecting the intellectual and epistemological process, which preceded the ultimate form of legislations. After introducing the major theories on the sociology of law, the seminar intends and to explore law as a social product. Without leaving aside the making of state laws and other forms of normativity, the epistemological dimension of the seminar will focus on law in all its variety, in the form of ideas, ways of reasoning, doctrines, legal and cultural transfers, and more importantly as a subject of legal science and will analyze the role of education and social movements in the development of legal thought. Such an approach to law also opens a productive dialogue between neighboring disciplines, law, history and sociology and offers an empirical laboratory through historical case studies. The seminar will privilege the Ottoman/Turkish geographical space in relation to Europe without neglecting a global context. The time frame will mainly cover the nineteenth century. The seminar will contextualize law within historical momentums and global movements (such as constitutionalism, dynamics of revolutions, etc.) and will address issues such as legal pluralism and imperialism. The various themes of this seminar will also overlap with those of imperial history.