Gypsy Law: Romani Legal Traditions and Culture, 1st edition

Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks. For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime). Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings. These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of human rights. Author Biography: Walter O. Weyrauch is Distinguished Professor and Stephen C. O'Connell Chair of the Levin College of Law at the University of Florida, Gainesville. One Thousand Years Ago Gypsies, Or Roma, Left India. Today Gypsies Can Be Found In Countries Throughout The World, Their Culture Still Intact In Spite Of Intense Persecution. This Authoritative Collection Brings Together Leading Gypsy And Non-gypsy Scholars To Examine The Romani Legal System, An Autonomous Body Of Law Based On An Oral Tradition And Existing Alongside Dominant National Legal Networks. For Centuries The Roma Have Survived By Using Defensive Measures, Such As The Exclusion Of Gaje (non-gypsies) From Their Private Lives, Their Values, And Information About Romani Language And Social Institutions. Sexuality, Gender, And The Body Are Fundamental To Gypsy Law, With Rules That Govern Being Pure (vujo) Or Impure (marime). Women Play An Important Role In Maintaining Legal Customs, Having The Power To Sanction And To Contaminate, But They Are Not Directly Involved In Legal Proceedings. These Essays Offer A Comparative Perspective On Romani Legal Procedures And Identity, Including Topics Such As The United States's Criminalization Of Many Aspects Of Gypsy Law, Parallels Between Jewish And Gypsy Law, And Legal Distinctions Between Romani Communities. The Contributors Raise Broad Theoretical Questions That Transcend The Gypsy Context And Offer Important Insights Into Oral Legal Traditions. Together They Suggest A Theoretical Framework For Explaining The Coexistence Of Formal And Informal Law Within A Legal System, They Also Highlight The Ethical Dilemmas Encountered In Comparative Law Research And Definitions Of Human Rights. Book Jacket.--book Jacket. Romaniya : An Introduction To Gypsy Law / Walter O. Weyrauch -- Autonomous Lawmaking : The Case Of The Gypsies / Walter O. Weyrauch And Maureen Anne Bell -- Theorizing Gypsy Law / Thomas Acton, Susan Caffrey, And Gary Mundy -- Informal Systems Of Justice : The Formation Of Law Within Gypsy Communities / Susan Caffrey And Gary Mundy -- Gypsy Law And Jewish Law / Calum Carmichael -- Juridical Autonomy Among Fifteenth And Sixteenth Century Gypsies / Angus Fraser -- Institutional Non-marriage In The Finnish Roma Community And Its Relationship To Rom Traditional Law / Martti Grönfors -- A Glossary Of Romani Terms / Ian Hancock -- The Rom-vlach Gypsies And The Kris-romani / Ronald Lee -- Complexities Of U.s. Law And Gypsy Identity / Anne Sutherland -- Oral Legal Traditions Of Gypsies And Some American Equivalents / Walter O. Weyrauch. Edited By Walter O. Weyrauch. Includes Bibliographical References And Index. Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks. For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime) . Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings. These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights." Contents......Page 6 EDITOR'S NOTE ON TERMINOLOGY......Page 8 FOREWORD......Page 10 1. Romaniya: An Introduction to Gypsy Law......Page 16 2. Autonomous Lawmaking: The Case of the "Gypsies"......Page 26 3. Theorizing Gypsy Law......Page 103 4. Informal Systems of Justice: The Formation of Law within Gypsy Communities......Page 116 5. Gypsy Law and Jewish Law......Page 132 6. Juridical Autonomy among Fifteenth and Sixteenth Century Gypsies......Page 152 7. Institutional Non-Marriage in the Finnish Roma Community and Its Relationship to Rom Traditional Law......Page 164 8. A Glossary of Romani Terms......Page 185 9. The Rom-Vlach Gypsies and the Kris-Romani......Page 203 10. Complexities of U.S. Law and Gypsy Identity......Page 246 11. Oral Legal Traditions of Gypsies and Some American Equivalents......Page 258 CONTRIBUTORS......Page 292 C......Page 294 G......Page 295 M......Page 296 S......Page 297 V......Page 298 Z......Page 299 The appearance of Romaniya or Gypsy law in legal literature is of extraordinary moment for jurisprudence and the comparative study of law.