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Session 4 - 02.12.20 - Riding the Centaur{半人半馬的怪物} Legal Anthropology -…

- - - - Disciplinary ensemble
        region of the world research took place
        type of society/political organization
        type of law (normative)
        conceptualisation of law
        comparative orientation
        historical orientation
        pragmatic-political orientation
        methodological specialisation
        theoretical assumptions and interests
    - - Development to the social-scientific study of law (legal pluralism) in complex societies
    - - not useful, fundamental differences e.g. UK and EU laws;
        
        for trouble case"
        
        did not address co-existence of legal orders and institutions, research in the field of sociology and socio-legal studies
        ----now convergence between the anthropology and sociology of law
        
        Specialty
        US, Anthropology of law in anthropology departments rather than in law departments
        respected by lawyers but neglected by anthropologists(2002s)
        Quality versus Quantity
        big tent, quality rather than quantity(2005s)
        Identity
        crisis in the US and UK in the 1980s
        blossom in the Netherlands
        -influence of legal realism and its methodological and theoretical implications for law in action
        -critical discussion of western misinterpretations of local laws in colonial courts and literature
        -adat{傳統法律} laws within the plural contexts and in relation to Islamic law
        Development disrupted during the Nazi rule, becoming recognized in the anthropology department recently as a preferred specialty.
    - - Processes of self-identification and the publicising of that identity
        do not see themselves as legal anthropologists: unwilling to become identified with a specific label or stereotype (villages, not address theoretical or thematic field)
        sub-disciplines, identity with two disciplines, trans- or inter-discipline, belonging? struggle for recognition and survival, isolated and marginalized
        Legal anthropologists coming out, a need for social scientific expertise on customary law, indigenous law, legal plural
    - - -"Law", not an exclusive identity maker
        -non-dogmatic interest in law, not an exclusive identity maker
        -no specific "type of law" e.g. local (customary, ethnic, religious, non-state)
        -Boundaries between "field" and "home", "self" and "other" increasingly blurred
        -considerable differences across disciplinary boundaries, the concept "legal pluralism" not a clear identity maker for legal anthropology
        -different methods are used, anthropology and sociology can not be divided of qualitative versus quantitative methods
  - - - Law and anthropology as disciplines to connect them through specific intersections rather than hybrid fusion
    - - Anthropologists of law, more distanced, analytical, historical and comparative
        Sociologists of law, focus on two traditions
    - - Anthropologists "other societies"
        Sociologists "home" research
    - - Anthropologists look into the mechanism of its applications to acquire significance in social life, whereas sociologists find the truth(take scientific discoveries and truths of other academic disciplines)-"expertise-trap"
        Anthropologists do not simply contrasted with legal reality, whereas sociologists do.
    - - Anthropologists develop perspective on history
        Sociologists colour their perception
    - - Intellectual stepchild
        Law anthropology is social with a specific focus on the legal and institutional dimension
        pre-academic socialization. Anglo-American limited to the study of disputing processes
        Increasing importance of law in its many forms globally-normalization of the anthropology of law
    - - Whether normative and institutional orders provide an organizational framework for political, social, and economic relations and transactions could be called law ??????????????