{"title":"Reckoning with Law—and with Legal Anthropology","authors":"Mark Goodale","doi":"10.3167/jla.2023.070101","DOIUrl":"https://doi.org/10.3167/jla.2023.070101","url":null,"abstract":"I recently experienced one of those unsettling, context-imposing moments that cause the ground underfoot to feel suddenly loose, threatening to dissolve into quicksand – until, that is, the moment passes, as it inevitably seems to do. It happened during a university-wide lecture by Mark Williams, a professor of palaeontology at the University of Leicester and the Palaeontological Association's ‘exceptional lecturer’ for the academic year 2022–2023. This means he was chosen to go on a global tour of universities to give a talk for wider audiences that was intended to show the relevance and importance of palaeontology for questions of global significance. The title of Williams's lecture was ‘The Anthropocene: Planetary Scale Change to the Biosphere and the Future Well-Being of Planet Earth’.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135195178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Concorde's Tyres","authors":"Will Rollason","doi":"10.3167/jla.2023.070104","DOIUrl":"https://doi.org/10.3167/jla.2023.070104","url":null,"abstract":"Abstract This article explores the Concorde crash of 25 July 2000, seeking to show how law and regulation do crucial ontological work in the maintenance of commercial flight, and likely other aspects of modern techno-social arrangements. I argue that law and regulation cannot be seen as an exteriority, constraining and shaping the production of technology, but should be viewed as a component in the production of a physico-legal reality that a machine embodies. The Concorde disaster, by this logic, happened when that reality proved to be inadequate. It sparked a physical redesign of the aircraft, but also an intertwined effort to repair it normatively. Commercial flight is thus a total phenomenon comprising physical and social laws. This, I suggest, is the ontological significance of law and regulation in the production and maintenance of airliners.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135195177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Indigenous Peoples and Criminal Justice","authors":"Rodrigo Arthuso Arantes Faria","doi":"10.3167/jla.2023.070103","DOIUrl":"https://doi.org/10.3167/jla.2023.070103","url":null,"abstract":"Abstract In this article, I draw on the specific case studies of the Xakriabá people and the Judicial District of Manga, and the Maxakali people and the Judicial District of Águas Formosas, both located in the Brazilian state of Minas Gerais. I examine how criminal justice officials apply dominant concepts of indigeneity in these regional contexts, showing how they arbitrarily construct and deploy the category of Indigenous person based on essentialist assumptions of indigeneity that ignore Indigenous peoples’ self-identification as such. This adds to scholarship on how indigeneity is institutionally conceived and applied within the justice system in ways that contrast with Indigenous notions of it and aim to deny Indigenous persons recognition in legal processes. By providing specific accounts of how Indigenous defendants are treated in the justice system and experience loss of rights, I consider the professional practices of state officials within the broader framework of Brazilian indigenist policies.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135195180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Durable Resolutions","authors":"Yotam Gidron","doi":"10.3167/jla.2023.070102","DOIUrl":"https://doi.org/10.3167/jla.2023.070102","url":null,"abstract":"Abstract Studies that examine the administration of justice in refugee camps highlight the legal plurality that commonly characterizes such sites, and the normative friction it creates between government and humanitarian institutions and community structures. Drawing upon research among South Sudanese refugees in Uganda and Ethiopia, this article foregrounds the place of transnational networks and temporal experiences in shaping processes of dispute resolution among refugees. South Sudanese refugees regularly turn to community structures to arbitrate disputes, even when these disputes relate to crimes that, under the laws of host states, must be reported to the authorities. As opposed to the individualized formal justice systems of host states, which are limited by borders, community justice links refugees across countries, draws on understandings of past communal events and relationships, prioritizes communal harmony and order, and thus produces a sense of continuity under conditions of dispersal and extreme precarity.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135195179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In support of free-standing Indigenous legal systems","authors":"B. Miller","doi":"10.3167/jla.2022.060205","DOIUrl":"https://doi.org/10.3167/jla.2022.060205","url":null,"abstract":"\u0000US and Canadian approaches to tribal legal orders have taken different paths, and here I argue that the Canadian model should move towards free-standing Indigenous courts as they currently exist in the United States. The Canadian approach has focussed on the issue of over-incarceration of Indigenous prisoners, but even newer efforts have stopped short of recognising at least partial criminal and civil jurisdiction. The Canadian approach fails to support Indigenous jurisdiction and community rebuilding and leaves Indigenous peoples vulnerable to non-Indigenous judges, who fail to accommodate Indigenous approaches to justice. Early attempts at shared jurisdiction have been naïve regarding Indigenous internal social processes and the struggle over what constitutes proper cultural practices. My data come from my own work with Coast Salish tribes, where I have studied tribal histories and legal practices on both sides of the international border as well their views of federal policy in both Canada and the United States.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"88 4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89384490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Courts of being and non-being","authors":"J. Upton","doi":"10.3167/jla.2022.060202","DOIUrl":"https://doi.org/10.3167/jla.2022.060202","url":null,"abstract":"\u0000This article explores the challenges faced and practices developed by Taiwanese judges in cases involving Indigenous laws and lands to fulfil the objectives of Taiwan's Indigenous court units. Despite the official establishment of these units, local actors debated their real presences within Taiwan courts. Non-Indigenous actors administered proceedings, state laws and justice practices applied, the language of Han mainstream society dominated legal discourse, training for judges and prosecutors was minimal, and court unit proceedings generally replicated ordinary court procedures, rendering the units ambiguous as distinct institutions. While some judges ignored these ambiguities, other judges endeavoured to integrate Indigenous world views, ontologies and meanings into applications of new laws and procedures through varied strategies. In practice, these exploratory approaches constituted the Indigenous court units in Taiwan courts. While these strategies may, in certain circumstances, create possibilities for improving Indigenous recognition within the national court system, they could also work against Indigenous people in their bids for justice through the courts.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"759 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85431304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Indigenous struggles to overturn present-day discrimination and achieve differentiated rights in Roraima, Brazil","authors":"S. Baines","doi":"10.3167/jla.2022.060203","DOIUrl":"https://doi.org/10.3167/jla.2022.060203","url":null,"abstract":"\u0000This article examines affirmations of differentiated Indigenous rights that are present in national and international legislation in the State of Roraima, Brazil, through significant efforts by Indigenous political movements, including activities by Indigenous lawyers. By creating internal mechanisms for solving conflicts, such activists contribute significantly to realising rights present in the Federal Constitution (1988) and the Indian Statute (Law 6.001/1973), and in international legislation such as the International Labour Organisation (ILO) Convention 169 (1989). These mechanisms include the setting up, by the Indigenous Council of Roraima (CIR) and local Indigenous leader councils, of written customary laws (regimentos internos) as an alternative for solving conflicts to avoid sending people to violent and overcrowded prisons. The efforts of Indigenous organisations, activists, and lawyers also seek to overturn a commonplace notion of equality before the law, which fails to consider existing inequalities.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82955553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal aid amid bureaucracy","authors":"A. Reinke, N. Bevilacqua","doi":"10.3167/jla.2022.060201","DOIUrl":"https://doi.org/10.3167/jla.2022.060201","url":null,"abstract":"\u0000Disaster lawyers navigate bureaucratic impediments to insurance claims and settlement and federal recovery and relief, and they act as third-party facilitators for disaster-affected clients to help enable their survival efforts. The roles of such lawyers in navigating paperwork and bureaucratic processes on behalf of survivors, while assisting them in meeting basic daily needs, has become seen as being integral to recovery in these processes. We utilise findings from semi-structured interviews with disaster law practitioners working with disaster survivors in the south-eastern United States (SEUS) to examine the bureaucratic socio-legal life of disasters. We marshal bureaucratic violence literature to analyse disaster law practitioners’ perspectives of the socio-legal nature of disasters in the SEUS, demonstrating that the bureaucratic technologies of recovery are primary obstacles to expedient recovery and successful legal work with survivors.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79380297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Specialised Indigenous divisions in Taiwan's high courts","authors":"Ting-Yi Tsai","doi":"10.3167/jla.2022.060204","DOIUrl":"https://doi.org/10.3167/jla.2022.060204","url":null,"abstract":"\u0000This article incorporates judicial practice and related research to consider some of the shortcomings and issues relating to the goals of the specialised Indigenous court units. Specialised Indigenous court units, which have been in Taiwan's high courts since 2014, have lofty goals, but critical questions remain in terms of these expectations. Taiwan's high courts administer dozens of Indigenous cases annually, but few are related to Indigenous cultural issues. High court judges attend annual non-mandatory training programmes related to Indigenous people's issues; however, it is questionable whether judges are sufficiently knowledgeable in these fields. The toughest question many judges face is determining whether Indigenous practices are ‘facts’ or ‘customary laws’. If they are facts, then Indigenous defendants and their counsel must take the initiative to explain them; if they are customary laws, then judges must take the initiative to find and apply them. Other issues include how Indigenous cases are sometimes assigned to specialised military courts, a process in which defendants can lose their Indigenous status.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90229040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Between Intention and Implementation","authors":"Nurul Huda Mohd Razif","doi":"10.3167/jla.2022.060102","DOIUrl":"https://doi.org/10.3167/jla.2022.060102","url":null,"abstract":"In 2018, news of a 41-year-old Malay man’s marriage to a Thai girl of 11 as his third wife broke out in the Malaysian media, catalysing nationwide concerns on the state of affairs of child marriage in Malaysia. This article analyses the news reports on this child marriage scandal and draws on my own long-term ethnographic fieldwork studying marriage and intimacy in the state of Kelantan to examine the ensuing public and religious debates concerning the amendment of Malaysia’s Islamic family law enactments. I demonstrate that state- and federal-level efforts at curbing child marriage have failed largely due to the lack of consensus amongst the religious and political elite, as well as members of the Muslim community, on what the purpose of marriage is, who – and whose interests – it is meant to protect, and what measures should be implemented to prevent its abuse. Furthermore, child marriage in Malaysia has been ideologically sustained by a rhetoric of ‘masculinist protectionism’ in which men justify their marriage to young girls as an act of care and benevolence to mask a reality of coercion and violence. However, legal reform on child marriage will not only be ineffectual but also inadequate if it is not enforced in tandem with other initiatives such as seeking poverty eradication in rural regions; looking at the feasibility of contracting eloped marriages in Southern Thailand; and carefully reconsidering Malay adat and Islamic norms promoting young and early marriage as alternatives to prolonged periods of courtship.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82556900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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