Ethnography and Law

Ethnography and Law
Author: Eve Darian-Smith
Publisher: Routledge
Total Pages: 580
Release: 2017-11-30
Genre: Law
ISBN: 1351158821

Ethnographies of law are historically associated with anthropology and the study of far-away places and people. In contrast, this volume underscores the importance of ethnographic research in analyzing law in all societies, particularly complex developed nations. By exploring recent ethnographic research by socio-legal scholars across a range of disciplines, the volume highlights how an ethnographic approach helps in appreciating the realities of legal pluralism, the subtle contradictions in any legal system and how legal meaning is constantly reproduced on the ground through the cultural frames and practices of peoples' everyday lives.

Practicing Ethnography in Law

Practicing Ethnography in Law
Author: June Starr
Publisher: Palgrave Macmillan
Total Pages: 224
Release: 2002-12-20
Genre: Social Science
ISBN: 9781403960696

Practicing Ethnography in Law brings together a selection of top scholars in legal anthropology, social sciences, and law to delineate the state of the art in ethnographic research strategies. Each of these original essays addresses a particular set of analytical problems and uses these problems to explore issues of ethnographic technique, research methodology, and the theoretical underpinnings of ethnographic legal studies. Subjects explored include the relationship between legal and feminist scholarship, between law and the media, law and globalization, and the usefulness of a wide variety of research techniques: comparative, linguistic, life-history, interview, and archival. This volume will serve as a guide for students who are designing their own research projects, for scholars who are newly exploring the possibilities of ethnographic research, and for experienced ethnographers who are engaged with methodological issues in light of current theoretical developments. The book will be essential reading for courses in anthropological methods, legal anthropology, and sociology and law.

The Making of Law

The Making of Law
Author: Bruno Latour
Publisher: John Wiley & Sons
Total Pages: 318
Release: 2013-04-26
Genre: Political Science
ISBN: 0745655025

In this book, Bruno Latour pursues his ethnographic inquiries into the different value systems of modern societies. After science, technology, religion, art, it is now law that is being studied by using the same comparative ethnographic methods. The case study is the daily practice of the French supreme courts, the Conseil d’Etat, specialized in administrative law (the equivalent of the Law Lords in Great Britain). Even though the French legal system is vastly different from the Anglo-American tradition and was created by Napoleon Bonaparte at the same time as the Code-based system, this branch of French law is the result of a home-grown tradition constructed on precedents. Thus, even though highly technical, the cases that form the matter of this book, are not so exotic for an English-speaking audience. What makes this study an important contribution to the social studies of law is that, because of an unprecedented access to the collective discussions of judges, Latour has been able to reconstruct in detail the weaving of legal reasoning: it is clearly not the social that explains the law, but the legal ties that alter what it is to be associated together. It is thus a major contribution to Latour’s social theory since it is now possible to compare the ways legal ties build up associations with the other types of connection that he has studied in other fields of activity. His project of an alternative interpretation of the very notion of society has never been made clearer than in this work. To reuse the title of his first book, this book is in effect the 'Laboratory Life of Law'.

Practicing Ethnography in Law

Practicing Ethnography in Law
Author: J. Starr
Publisher: Springer
Total Pages: 219
Release: 2016-04-30
Genre: Social Science
ISBN: 1137065737

Practicing Ethnography in Law brings together a selection of top scholars in legal anthropology, social sciences, and law to delineate the state of the art in ethnographic research strategies. Each of these original essays addresses a particular set of analytical problems and uses these problems to explore issues of ethnographic technique, research methodology, and the theoretical underpinnings of ethnographic legal studies. Subjects explored include the relationship between legal and feminist scholarship, between law and the media, law and globalization, and the usefulness of a wide variety of research techniques: comparative, linguistic, life-history, interview, and archival. This volume will serve as a guide for students who are designing their own research projects, for scholars who are newly exploring the possibilities of ethnographic research, and for experienced ethnographers who are engaged with methodological issues in light of current theoretical developments. The book will be essential reading for courses in anthropological methods, legal anthropology, and sociology and law.

The Life of the Law

The Life of the Law
Author: Laura Nader
Publisher: Univ of California Press
Total Pages: 278
Release: 2002
Genre: Social Science
ISBN: 0520231635

Acknowledgments Introduction 1 Evolving an Ethnography of Law: A Personal Document 2 Lawyers and Anthropologists 3 Hegemonic Processes in Law: Colonial to Contemporary 4 The Plaintiff: A User Theory Epilogue Bibliography Index.

Rules Versus Relationships

Rules Versus Relationships
Author: John M. Conley
Publisher: University of Chicago Press
Total Pages: 237
Release: 1990-05-15
Genre: Law
ISBN: 0226114910

In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.

The Remnants of the Rechtsstaat

The Remnants of the Rechtsstaat
Author: Jens Meierhenrich
Publisher: Oxford University Press
Total Pages: 449
Release: 2018
Genre: History
ISBN: 0198814410

This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.

Interrogating Ethnography

Interrogating Ethnography
Author: Steven Lubet
Publisher: Oxford University Press
Total Pages: 217
Release: 2018
Genre: Law
ISBN: 0190655674

In this comprehensive review of urban ethnography, Steven Lubet encountered a field that relies heavily on anonymous sources, often as reported by a single investigator whose underlying data remain unseen. Upon digging into the details, he discovered too many ethnographic assertions that were dubious, exaggerated, tendentious, or just plain wrong. Employing the tools and techniques of a trial lawyer, Lubet uses original sources and contemporaneous documentation to explore the stories behind ethnographic narratives. Many turn out to be accurate, but others are revealed to be based on rumors, folklore, and unreliable hearsay. Interrogating Ethnography explains how qualitative social science would benefit from greater attention to the quality of evidence, and provides recommendations for bringing the field more closely in line with other fact-based disciplines such as law and journalism.

The Oxford Handbook of Law and Anthropology

The Oxford Handbook of Law and Anthropology
Author: Marie-Claire Foblets
Publisher: Oxford University Press
Total Pages: 993
Release: 2022-04-01
Genre: Law
ISBN: 0192577018

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.

Law's Anthropology

Law's Anthropology
Author: Paul Burke
Publisher: ANU E Press
Total Pages: 336
Release: 2011-11-01
Genre: Social Science
ISBN: 1921862432

Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.