Lawyers and Savages Ancient History and Legal Realism in the Making of Legal Anthropology 1st Edition by Kaius Tuori 131781598X 9781317815983
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ISBN 10: 131781598X
ISBN 13: 9781317815983
Author: Kaius Tuori
Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
Lawyers and Savages Ancient History and Legal Realism in the Making of Legal Anthropology 1st Table of contents:
- Martius and the legal exploration in Brazil
- Lönnrot and the search for the roots of a nation
- Juristic romanticism and folk law
- Lex talionis and the narrative of progress
- Primitive properties
- Conclusions
- Notes
- Sex: the fascination of primitive law
- Introduction
- Bachofen and the discovery of primitive promiscuity
- Maine and primitive property
- Theories of history and development
- Communalism or communism
- Polygamy and morality
- Colonialism and theories of original communalism
- The spread of the civilizing narrative
- Conclusions
- Notes
- Magic: the realist revolution
- Introduction
- Boas and the contradiction of structure and fact
- Malinowski, Lowie, and the fieldwork revolution
- Karl Llewellyn and the case method in legal anthropology
- Realism and functionalism
- Primitive contract and the supernatural
- Scientific colonialism
- Conclusions
- Notes
- The banality of pluralism
- Introduction
- Gluckman, anthropology, and the postcolonial era
- Schiller and the beginnings of legal pluralism
- Legal pluralism and modernization
- Legal primitivism in the modern world
- Blood revenge
- Communalism
- Ritual and contract
- Polygamy and primitive promiscuity
- Conclusions
- Notes
- Conclusions
- Note
- Bibliography
- Index
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Kaius Tuori,Lawyers,Savages Ancient History
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