Journal of Legal Anthropology最新文献

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Writing for difference audiences 为不同的读者写作
Journal of Legal Anthropology Pub Date : 2019-12-01 DOI: 10.3167/jla.2019.030206
Sophie Andreetta
{"title":"Writing for difference audiences","authors":"Sophie Andreetta","doi":"10.3167/jla.2019.030206","DOIUrl":"https://doi.org/10.3167/jla.2019.030206","url":null,"abstract":"In Belgium, depending on their immigration status, foreigners may be entitled to different forms of social assistance, ranging from emergency medical care to financial benefits. In a context where residence permits are constantly updated, re-examined or withdrawn by the administration, this article explores the ways in which welfare bureaucrats deal with irregular migrants. Based on ethnographic fieldwork at welfare offices in French-speaking Belgium, this article shows that documentary practices in welfare bureaucracies have the effect of both restricting access to social assistance and aiding irregular migrants in bringing cases against the administration. This article thus also delves into the double-edged relationship of the social workers to the state by focusing on the competing norms and interpretations of law they encounter on a daily basis.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84671899","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}
引用次数: 1
Postface
Journal of Legal Anthropology Pub Date : 2019-12-01 DOI: 10.3167/jla.2019.030207
Thomas Bierschenk
{"title":"Postface","authors":"Thomas Bierschenk","doi":"10.3167/jla.2019.030207","DOIUrl":"https://doi.org/10.3167/jla.2019.030207","url":null,"abstract":"This postface links the contributions to this special issue to wider concerns in the anthropology of bureaucracy and the history of this disciplinary subfield. Anthropologists focus on documentary practices: how documents are produced, how they are being used (not always in the sense originally given to them by the producers), how they might be ‘brokered’ and how they are being contested – mostly by the production of other documents. The postface points to the epistemological implications of an anthropology of bureaucracy, under the term of ‘complicit positioning’, and argues for acknowledging the double face of bureaucracy and paperwork, as a form of domination and oppression, as well as of protection and liberation, and all the ambivalences this dialectic entails.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86443574","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}
引用次数: 2
Miguel de Unamuno’s Notion of Public Sphere 米格尔·德·乌纳穆诺的公共领域概念
Journal of Legal Anthropology Pub Date : 2019-06-06 DOI: 10.2307/j.ctv287sjwb.12
Stephen G. H. Roberts
{"title":"Miguel de Unamuno’s Notion of Public Sphere","authors":"Stephen G. H. Roberts","doi":"10.2307/j.ctv287sjwb.12","DOIUrl":"https://doi.org/10.2307/j.ctv287sjwb.12","url":null,"abstract":"This chapter analyses Unamuno's evolving notion of a public sphere in Spain between the 1890s and the 1930s.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"1 1","pages":"174-191"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147919096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The grey zone, distortion and the ownership of causation 灰色地带,扭曲和因果关系的归属
Journal of Legal Anthropology Pub Date : 2019-06-01 DOI: 10.3167/jla.2019.030107
N. Rapport
{"title":"The grey zone, distortion and the ownership of causation","authors":"N. Rapport","doi":"10.3167/jla.2019.030107","DOIUrl":"https://doi.org/10.3167/jla.2019.030107","url":null,"abstract":"I am grateful (once more) for the attention Don Gardner has paid to my work, in particular to arguments pertaining to individuality and its relation to the aspirations of the social sciences. Let me begin with overlaps he sees between us: (a) prevailing images of what anthropology needed to be, historically (in order to be an adequate science) have led to too great an emphasis on developing taxonomies of cultural variation, along with the generalising and essentialising descriptions this entailed; (b) some of social science’s taken-for-granted vocabulary (such as ‘role’ or ‘status’) hampers our understanding of the nature of human agents and the springs of that agency; (c) questions of will and freedom, choice and moral responsibility are subtle and important; engaging with these is a necessary step for strengthening the social sciences, which cannot escape their philosophical roots. Notwithstanding, Gardner would take me to task for my understanding of causation, for not adopting a reasonable view on the hoary issue of ‘free will’ and for not taking account of post-genecentric accounts of human-evolutionary process.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78891995","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}
引用次数: 0
The digital ethnography of law 法律的数字民族志
Journal of Legal Anthropology Pub Date : 2019-06-01 DOI: 10.3167/jla.2019.030101
R. Wilson
{"title":"The digital ethnography of law","authors":"R. Wilson","doi":"10.3167/jla.2019.030101","DOIUrl":"https://doi.org/10.3167/jla.2019.030101","url":null,"abstract":"The ethnography of social media is still a developing field, and the anthropology of online legal topics is even more incipient. This article charts a digital ethnography of the regulation of hate speech online by examining the infrastructure of social media platforms, the content of speech acts (including coded speech) and their offline effects. These three levels can be analysed using an adapted version of Erving Goffman’s heuristic model of backstage, onstage and offstage presentations of the self in everyday life. A digital ethnography of law implies both a qualitative and quantitative study of offline effects of online speech, including harmful consequences that are direct as well as indirect. On this basis, the article presents findings that, while it is difficult to identify direct effects of online hate speech on violence, show indirect effects including the silencing of dissent and an undermining of trust and cooperation in wider society.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"107 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89308563","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}
引用次数: 1
Comment on cosmopolitan politesse 评论一下世界性的礼貌
Journal of Legal Anthropology Pub Date : 2019-06-01 DOI: 10.3167/jla.2019.030106
D. Gardner
{"title":"Comment on cosmopolitan politesse","authors":"D. Gardner","doi":"10.3167/jla.2019.030106","DOIUrl":"https://doi.org/10.3167/jla.2019.030106","url":null,"abstract":"This comment focuses less on the three hopes expressed in Nigel\u0000Rapport’s title than on the conception of individuality and its relation to the aspirations of the social sciences that underpins his case for cosmopolitan politesse. First, I want to say that Nigel Rapport’s industry is astonishing. He reads widely, across many genres, and has written a great deal aimed at persuading us of two things: that the social sciences suffer from fundamental shortcomings, and that they are implicated, if not complicit, in communitarianism and other worrying tendencies of our age. Possibly social anthropology’s most ardent, resilient and ‘poetic’ reformer, he offers us here a digest of one of his many publications concerned with establishing the central importance to anthropology – and to the possibility of a decent world – of what his friend, Michael Jackson, calls ‘the human microsphere’. Because of Rapport’s many different journeys through this microsphere, it is not possible here to cover more than a little of the terrain.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81046946","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}
引用次数: 0
Customary law and the mediation of witchcraft accusations in Eastern Nicaragua 尼加拉瓜东部习惯法与巫术指控调解
Journal of Legal Anthropology Pub Date : 2019-06-01 DOI: 10.3167/jla.2019.030104
Johan Wedel
{"title":"Customary law and the mediation of witchcraft accusations in Eastern Nicaragua","authors":"Johan Wedel","doi":"10.3167/jla.2019.030104","DOIUrl":"https://doi.org/10.3167/jla.2019.030104","url":null,"abstract":"This article focuses on efforts to overcome the divide between state legality and local practices. It explores a pragmatic effort to deal with witchcraft accusations and occult-related violence in customary courts among the Miskitu people in Eastern Nicaragua, taking into account both indigenous notions of justice and cosmology, and the laws of the state. In this model, a community court (elected by the community inhabitants and supported by a council of elders), watchmen known as ‘voluntary police’ and a ‘judicial facilitator’ play intermediary roles. Witchcraft is understood and addressed in relation to Miskitu cultural perceptions and notions of illness afflictions, and disputes are settled through negotiations involving divination, healing, signing a legally binding ‘peace’ contract, a fine, and giving protection to alleged witches. This decreases tensions and the risk of vigilante justice is reduced. The focus is on settling disputes, conciliation and recreating harmony instead of retribution.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"141 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76800580","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}
引用次数: 1
Challenging the landed elite in contemporary Pakistani politics 挑战当代巴基斯坦政治中的地主精英
Journal of Legal Anthropology Pub Date : 2019-06-01 DOI: 10.3167/jla.2019.030103
S. Lyon
{"title":"Challenging the landed elite in contemporary Pakistani politics","authors":"S. Lyon","doi":"10.3167/jla.2019.030103","DOIUrl":"https://doi.org/10.3167/jla.2019.030103","url":null,"abstract":"Since independence in 1947, highly politicised kinship practices have shaped the country from rural agricultural villages to the highest legislative and executive branches of government and the military. Ideal models of patrilineal affiliation have defined and guided patterns of factional loyalties. Although my earlier work has principally focused on village networks and politics, the same patterns of factional alliances can be seen at national levels to shed light on the activities of party politics. The mechanisms adopted by the traditional landed elite, far from being challenged, are integral to the strategic success of non-landed elites in securing the top, public, elected positions of power. So, rather than suggesting landed elites have become irrelevant, I argue the source of wealth is ultimately less relevant than the broader socio-economic shard class and familial interests of a minority elite bound together through marriage.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87791561","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}
引用次数: 1
Death on repeat 重复死亡
Journal of Legal Anthropology Pub Date : 2019-06-01 DOI: 10.3167/jla.2019.030102
J. Scott
{"title":"Death on repeat","authors":"J. Scott","doi":"10.3167/jla.2019.030102","DOIUrl":"https://doi.org/10.3167/jla.2019.030102","url":null,"abstract":"In the past decade, images of fatal police shootings shared on social media have inspired protests against militarised policing policies and re-defined the ways marginalised communities seek justice. This article theorises the repetition of violent images and discusses how social media has become an important tool for localising popular critiques of the law. I provide an ethnographic account of a police shooting in a Brazilian favela (shantytown). I am particularly interested in how residents of the favela interpret law and justice in relationship to contemporaneous movements such as Black Lives Matter. Reflecting Walter Benjamin’s concept of mechanical reproduction, this case study demonstrates an ‘aura’ that is shaped by the social and legal context in which a violent image is produced, consumed and aggregated. This case study suggests the possibility for research examining the ways inclusionary social media platforms are increasingly co-opted by oppressive political institutions.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"17 5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78498972","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}
引用次数: 4
‘Does Law Matter to Anthropology?’ “法律对人类学重要吗?””
Journal of Legal Anthropology Pub Date : 2018-12-01 DOI: 10.3167/JLA.2018.020208
S. Merry
{"title":"‘Does Law Matter to Anthropology?’","authors":"S. Merry","doi":"10.3167/JLA.2018.020208","DOIUrl":"https://doi.org/10.3167/JLA.2018.020208","url":null,"abstract":"This provocative question became the basis for a spirited discussion\u0000at the 2017 meeting of the American Anthropological Association. My\u0000first reaction, on hearing the question, was to ask, does anthropology\u0000care whether it matters to law? As a discipline, anthropology and the\u0000anthropology of law are producing excellent scholarship and have an\u0000active scholarly life. But in response to this forum’s provocation article,\u0000which clearly outlines the lack of courses on law and anthropology\u0000in law schools, I decided that the relevant question was, why doesn’t\u0000anthropology matter more to law than it does? The particular, most\u0000serious concern appears to be, why are there not more law and anthropology\u0000courses being offered in law schools? It is increasingly common\u0000for law faculty in the United States to have PhDs as well as JDs, so why\u0000are there so few anthropology/law PhD/JD faculty? Moreover, as there\u0000is growing consensus that law schools instil a certain way of thinking\u0000but lack preparation for the practice of law in reality and there is an\u0000explosion of interest in clinical legal training, why does this educational\u0000turn fail to provide a new role of legal anthropology, which focuses on\u0000the practice of law, in clinical legal training?","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80737804","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}
引用次数: 0
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