The Oxford Handbook of Law and Anthropology

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development. Contents Acknowledgements About the Contributors Introduction: Mapping the Field of Law and Anthropology • Marie-Claire Foblets, Mark Goodale, Maria Sapignoli, and Olaf Zenker PART I: GLOBAL PERSPECTIVES ON LAW AND ANTHROPOLOGY 1. Social Control through Law: Critical Afterlives • Carol J. Greenhouse 2. Anthropology, Law, and Empire: Foundations in Context • Martin Chanock 3. South African Legal Culture and Its Dis/Empowerment Paradox • Sindiso Mnisi Weeks 4. The Ethnographic Gaze on State Law in India • Pratiksha Baxi 5. The Anthropology of Indigenous Australia and Native Title Claims • Paul Burke 6. Encountering Indigenous Law in Canada • Brian Thom 7. Russian Legal Anthropology: From Empirical Ethnography to Applied Innovation • Florian Stammler, Aytalina Ivanova, and Brian Donahoe 8. Indigenous Peoples, Identity, and Free, Prior, and Informed Consultation in Latin America • Armando Guevara Gil 9. Rule of Law and Media in the Making of Legal Identity in Urban Southern China • Dodom Kim 10. Islam, Law, and the State • Dominik M. Müller 11 Law and Anthropology in the Netherlands: From Adat Law School to Anthropology of Law • Keebet von Benda-Beckmann 12. Legal Uses of Anthropology in France in the Nineteenth and Twentieth Centuries • Frédéric Audren and Laetitia Guerlain 13. Legal Ethnology and Legal Anthropology in Hungary • Balázs Fekete 14. The Anthropology of European Law • Michele Graziadei PART II: RECURRING THEMES IN LAW AND ANTHROPOLOGY 15. Within and Beyond the Anthropology of Language and Law • Elizabeth Mertz 16. Law as an Enduring Concept: Space, Time, and Power • Anne Griffiths 17. Legalism: Rules, Categories, and Texts • Fernanda Pirie 18. Legal Transfer • Günter Frankenberg 19. Legal Traditions • Thomas Duve 20. The Concept of Positive Law and Its Relationship to Religion and Morality • Baudouin Dupret 21. Property Regimes • Matthew Canfield 22. Law & Development • Markus Böckenförde and Berihun A. Gebeye 23. Rights and Social Inclusion • Mark Goodale 24. Human Rights Activism, Sexuality, and Gender • Lynette J. Chua PART III: ANTHROPOLOGY IN LAW AND LEGAL PRACTICE 25. The Cultural Defence • Alison Dundes Renteln 26. Cultural Rights and Cultural Heritage as a Global Concern • Andrzej Jakubowski 27. Alternative Dispute Resolution • Faris E. Nasrallah 28. Justice after Atrocity • Richard A. Wilson 29. Kinship through the Twofold Prism of Law and Anthropology • Marie-Claire Foblets 30. Environmental Justice • Dirk Hanschel and Elizabeth Steyn PART IV: ANTHROPOLOGY AT THE LIMITS OF LAW 31. Constitution-Making • Felix-Anselm van Lier and Katrin Seidel 32. Vigilantism and Security-Making • Jennifer Burrell 33. The Normative Complexity of Private Security: Beyond Legal Regulation and Stigmatization • Math Noortmann and Juliette Koning 34. Humanitarian Interventions • Erica Bornstein 35. Inequality, Victimhood, and Redress • Rita Kesselring 36. Anti-discrimination Rules and Religious Minorities in the Workplace • Katayoun Alidadi 37. Transnational Agrarian Movements, Food Sovereignty, and Legal Mobilization • Priscilla Claeys and Karine Peschard 38. The Juridification of Politics • Rachel Sieder 39. The Persistence of Chinese Rights Defenders • Sara L. M. Davis PART V: CURRENT DIRECTIONS IN LAW AND ANTHROPOLOGY 40. The Problem of Compliance and the Turn to Quantification • Sally Engle Merry 41. Law, Science, and Technologies • Bertram Turner and Melanie G. Wiber 42. Politics of Belonging • Olaf Zenker 43. Legal and Anthropological Approaches to International Refugee Law • Katia Bianchini 44. Norm Creation beyond the State • Philipp Dann and Julia Eckert 45. Critique of Punitive Reason • Didier Fassin 46. Global Legal Institutions • Maria Sapignoli and Ronald Niezen 47. Law as Technique • Ralf Michaels and Annelise Riles 48. Emotion, Affect, and Law • Kamari Maxine Clarke 49. Legal Pluralism in Postcolonial, Postnational, and Postdemocratic Times • Eve Darian-Smith Index "This book is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development"-- Provided by publisher ## Abstract This book is a groundbreaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development. This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was publishedonline. --Résumé de l'éditeur "This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will contunue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online." This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online This Handbook brings together a collection of essays exploring the connections between law and anthropology. This title highlights the narrative of how law and anthropology have and should relate to each other in relation to immigration, international justice forums, and writing new national constitutions.