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Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology

Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology

Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology

Author: Kaius Tuori
Publisher: Routledge
ISBN: 9781138685949

Published In: May 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415737012

List Price: AU$153.37

AU$148.77 Save AU$4.60 (3%)

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Description
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Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies on 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, it 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.

Preface

Chapter 1. Introduction

Chapter 2. Blood: Law as Culture

Chapter 3. Sex: The Fascination of Primitive Law

Chapter 4. Magic: The Realist Revolution

Chapter 5. The Banality of Pluralism

Chapter 6. Conclusions, Bibliography, Index

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