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What is Law? - Coggle Diagram
What is Law?
Sometimes, the laws are applied discriminatorily based on certain statuses
Age
Gender
Social class (e.g. nobility vs slaves)
Theories: What does the law reflect?
Consensus: The las reflects the values of the vast majority of the population
Most common in societies or ethnic groups that are relatively small and culturally homogenous
Power: One group imposes its values and assumptions upon others and protects its own political and economic interests at the expense of others
Most common in stratified societies where one group imposes itself on another and sets all the rules
E.g. Some US states banned abortion
Compromise: When there is no common consensus and opposing groups are unable or unwilling to enforce their own views, the legal system relies on compromise --> different sets of rules for different communities
Most common in places with cultural pluralism
E.g. Islamic law prohibits Muslims from buying and consuming alcohol, but non-Muslims can
Cardozo: 3 elements that make up law
Rules are explicit
There are mechanisms to apply the rules to specific instances
There is a mechanism to enforce those rules
How to approach legal anthropology research
Emic vs Etic
Emic: Insider's erspective
Etic: Outsider's perspective
Pospisil: Law as a continuum
Who has legal authority
Is there a universal application of the law
Is there a contractual obligation between the parties involved?
What sanctions are applied?
Positive (inflicting punishment) or negative (withdrawing privileges)
Law as a process: Focus on how what litigants do to obtain their desired outcome
Mediation and Dispute Settlement cases
Looking at the relationship between law and social structure, economics, and power
Islamic courts, cases regarding power and gender
Trouble cases
Categories of legal systems
State law: Human law made by the state that can be changed or altered at will
Religious law: Divinely inspired and cannot be altered by humans. Interpretation by religious scholars and clerics
Customary law: Unwritten rules and precedents