Overview

How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.

Full Product Details

Author:   Keebet von Benda-Beckmann ,  Franz von Benda-Beckmann ,  Anne Griffiths
Publisher:   Berghahn Books
Imprint:   Berghahn Books
Dimensions:   Width: 15.20cm , Height: 1.40cm , Length: 22.90cm
Weight:   0.381kg
ISBN:  

9780857456151

ISBN 10:   0857456156
Pages:   280
Publication Date:   01 April 2012
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Acknowledgements Introduction: The Power of Law Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Anne Griffiths POWER OF LAW AS DISCOURSE: CLAIMS TO LEGITIMACY AND HIGHER MORALITY Chapter 1. The Military Order of 13 November 2001: An Ethnographic Reading Carol J. Greenhouse Chapter 2. Law and the Frontiers of Illegalities Laura Nader Chapter 3. Selective Scrutiny: Supranational Engagement with Minority Protection and Rights in Europe Jane K. Cowan Chapter 4. The Globalization of Fatwas amidst the Terror Wars against Pluralism Upendra Baxi Chapter 5. Human Rights, Cultural Relativism and Legal Pluralism: Towards a Two-dimensional Debate Franz von Benda-Beckmann AT THE INTERSECTION OF LEGALITIES Chapter 6. Learning Communities and Legal Spaces: Community based Fisheries Management in a Globalizing World Melanie G. Wiber and John F. Kearney Chapter 7. Project Law - a Power Instrument of Development Agencies: A Case Study from Burundi Markus Weilenmann Chapter 8. Half-Told Truths and Partial Silence: Managing Communication in Scottish Children's Hearings Anne Griffiths and Randy F. Kandel RELIGION AS A RESOURCE IN LEGAL PLURALISM Chapter 9. Keeping the Stream of Justice Clear and Pure: The Buddhicization of Bhutanese Law Richard W. Whitecross Chapter 10. Balancing Islam, Adat and the State: Comparing Islamic and Civil Courts in Indonesia Keebet von Benda-Beckmann Chapter 11. Kings, Monks, Bureaucrats and the Police: Tibetan Responses to Law and Authority Fernanda Pirie Notes on Contributors Index

Reviews

...there is much common ground between the contributors, and the variety of contexts and situations are valuable for showing how the unifying themes - work out on different grounds. * Journal of Legal Pluralism This fascinating collection of articles sheds new light on the way law exercises power in a transnational world, from the crises of terrorism to the subtle introduction of new law within development projects. This set of articles provides new evidence of the important insights offered by legal pluralism and anthropological methodologies for understanding the nature of transnational, national, and local systems of law. * Sally Engle Merry, New York University

...essential reading for scholars interested in understanding sociopolitical change under globalization in the early 21st century...I recommend [this volume] for advanced undergraduate and graduate courses in legal anthropology, political anthropology, the anthropology of the state, and globalization. Several chapters could also be creatively woven into courses on the anthropology of religion. * PoLAR ...there is much common ground between the contributors, and the variety of contexts and situations are valuable for showing how the unifying themes... work out on different grounds. * Journal of Legal Pluralism This fascinating collection of articles sheds new light on the way law exercises power in a transnational world, from the crises of terrorism to the subtle introduction of new law within development projects. This set of articles provides new evidence of the important insights offered by legal pluralism and anthropological methodologies for understanding the nature of transnational, national, and local systems of law. * Sally Engle Merry, New York University

Author Information

Keebet von Benda-Beckmann is head of the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology in Halle, Germany. She also is an honorary professor in Leipzig and Halle. Her research in Indonesia and the Netherlands focuses on legal pluralism, social security, governance and on the role of religion in disputing processes.

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