Legalism: Community and Justice

Hardcover | August 31, 2014

EditorFernanda Pirie, Judith Scheele

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"Community" and "justice" recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as "community specialists", but anthropologists often avoid the concept through circumlocution: although muchused (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. "Justice", meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophicalcontroversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts.The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from earlymodern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressedthrough a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers,anthropologists, and historians alike.

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"Community" and "justice" recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as "community specialists", but anthropologists often avoid the concept through circumlocution: although muchused (and abused) by historians, legal thinkers...

Fernanda Pirie is University Lecturer in socio-legal studies at the University of Oxford, and Director of the University's Centre for Socio-Legal Studies. An anthropologist by training, following a career at the London Bar, she has carried out fieldwork for over a decade on the Tibetan plateau. Her studies have centred on conflict res...

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Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.01 inPublished:August 31, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198716575

ISBN - 13:9780198716570

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Table of Contents

Fernanda Pirie and Judith Scheele: Introduction: Law, Justice, and Community1. Robert Thomson: From Theology to Law: Creating an Armenian Secular Lawcode2. Alice Taylor: Lex scripta and the Problem of Enforcement: Anglo-Saxon, Welsh, and Scottish Law Compared3. Paul Dresch: Outlawry, Exile, and Banishment: Reflections on Community and Justice4. Patrick Lantschner: Justice Contested and Affirmed: Jurisdiction and Conflict in Late Medieval Italian Cities5. James McComish: Defining Boundaries: Law, Justice, and Community in Sixteenth-Century England6. John Sabapathy: Regulating Community and Society at the Sorbonne in the Late Thirteenth Century7. Judith Scheele: Community as an Achievement: Kabyle Customary Law and Beyond8. Martin Ingram: 'Popular' and 'Official' Justice: Punishing Sexual Offenders in Tudor London9. Fernanda Pirie: Community, Justice, and Legalism: Elusive Concepts in Tibet