{"title":"‘Turning Human Beings into Lawyers’","authors":"I. Koch","doi":"10.3167/JLA.2018.020210","DOIUrl":"https://doi.org/10.3167/JLA.2018.020210","url":null,"abstract":"Does anthropology matter to law? At first sight, this question might\u0000seem redundant: of course, anthropology matters to law, and it does so a\u0000great deal. Anthropologists have made important contributions to legal\u0000debates. Legal anthropology is a thriving sub-discipline, encompassing\u0000an ever-increasing range of topics, from long-standing concerns with\u0000customary law and legal culture to areas that have historically been left\u0000to lawyers, including corporate law and financial regulation. Anthropology’s\u0000relevance to law is also reflected in the world of legal practice.\u0000Some anthropologists act as cultural experts in, while others have challenged\u0000the workings of, particular legal regimes, including with respect\u0000to immigration law and social welfare.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82260797","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":"Reconciling Anthropology and Law","authors":"L. Rosen","doi":"10.3167/JLA.2018.020211","DOIUrl":"https://doi.org/10.3167/JLA.2018.020211","url":null,"abstract":"When I was thinking of going to law school, I went to speak with a law\u0000professor at the university where I had done my PhD. ‘Well, Mr. Rosen,’\u0000he said, ‘the thing about law school is it will teach you how to think.’\u0000I kept waiting for the other shoe to drop: think about law, think like\u0000a lawyer. No, he meant think – period. With all due humility, I was at\u0000that time coming from the Institute for Advanced Study in Princeton,\u0000NJ, and should like to imagine that I had actually learned a few things\u0000while doing my doctorate at his own university. In the forty years since,\u0000while serving as an adjunct professor of law and visiting professor at\u0000several such institutions, I have also encountered the occasional law\u0000scholar who, in a moment of academic noblesse oblige, has regarded my\u0000anthropology credentials as quaint but insufficient evidence that one\u0000has the tough-minded capacity that flows from a legal education. The\u0000lawyers may pay some attention to a few other disciplines, but, even\u0000though they may have given in to the allure of economics and bolstered\u0000their intellectual self-image with the odd philosopher or historian, the\u0000question remains why the law schools still tend to regard anthropology\u0000as almost entirely irrelevant.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89986533","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":"‘Does Anthropology Matter to Law?’","authors":"J. Comaroff","doi":"10.3167/JLA.2018.020206","DOIUrl":"https://doi.org/10.3167/JLA.2018.020206","url":null,"abstract":"Does anthropology matter to law? As phrased, this provocation, worthy\u0000of address though it certainly is, may ultimately be unanswerable.\u0000The reason? Because, like all questions of this sort, it harbours others\u0000within it. Precisely which ‘anthropology’? ‘Law’ as what? As everyday\u0000practice, as theorised praxis, as pedagogy, as politics by other means?\u0000What, moreover, counts as mattering? And from where, in particular,\u0000is the provocation being posed? All these questions, patently, make\u0000a difference.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"3478 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86643406","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":"Divorce as Process, Botswana Style","authors":"P. Werbner, R. Werbner","doi":"10.3167/JLA.2018.020202","DOIUrl":"https://doi.org/10.3167/JLA.2018.020202","url":null,"abstract":"This article aims to unravel the complex negotiations surrounding\u0000property settlements and custody in cases of divorce in customary\u0000courts in Botswana today in the light of an earlier legacy of penalising\u0000divorce initiators. It argues that women’s attempts to get their husbands to\u0000initiate divorce proceedings can entangle women in lengthy negotiations\u0000and ultimately frustrate the aim of achieving a divorce. Repeated court\u0000hearings can last for years, we show. At the same time, in Botswana’s\u0000statutory courts today, an equal division of property irrespective of the\u0000causes of marital breakdown has become established practice. In the article,\u0000we aim to show that customary laws regarding property settlement\u0000in divorce have indeed changed, gradually adjusting to notions of equity\u0000in women’s rights in marriage, in response to a wider ideological, critical\u0000movement, even though chiefs or headmen presiding over customary\u0000courts do not always explicitly acknowledge this change.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91374755","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":"Striking Down Victorian-Era Cross-Dressing Law in Public Ban","authors":"Rajiv Jebodh","doi":"10.3167/JLA.2018.020213","DOIUrl":"https://doi.org/10.3167/JLA.2018.020213","url":null,"abstract":"This review considers how another outdated postcolonial law has\u0000been struck down in a former British colony amidst campaigns, global\u0000change and action by an appellate court. This follows from the historic\u00002018 Supreme Court ruling from Trinidad and Tobago in the Jason Jones\u0000judgement, in which it was decided that existing laws prohibiting consensual\u0000adult intercourse and sexual acts between consenting same-sex\u0000adults were unconstitutional. This review adds to that decision to\u0000highlight further social and sociolegal change in the region which has\u0000direct implications for future challenges to postcolonial laws which\u0000are ‘sitting on the books’. My review looks at recent case law which\u0000has overturned Guyana’s Victorian-era cross-dressing prohibition, as\u0000it relates to 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act\u0000of Guyana.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88427227","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":"Does Anthropology Matter to Law?","authors":"Jeremy J. Kingsley, Kari G. Telle","doi":"10.3167/JLA.2018.020205","DOIUrl":"https://doi.org/10.3167/JLA.2018.020205","url":null,"abstract":"At a time of ‘interdisciplinary’ scholarly debate and ‘transdisciplinary’\u0000pedagogy, some disciplines appear more siloed and tone deaf to each\u0000other than ever before. This article will consider why law and anthropology\u0000as disciplines offer almost no impact upon each other’s educational\u0000or research agendas.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72526717","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":"Militias as Law Enforcement in Eastern Indonesia?","authors":"Jeremy J. Kingsley","doi":"10.3167/JLA.2018.020203","DOIUrl":"https://doi.org/10.3167/JLA.2018.020203","url":null,"abstract":"This article demonstrates how an integral element of the fabric\u0000of governance on the eastern Indonesian island of Lombok, and many\u0000other parts of the Indonesian archipelago, are non-state local security\u0000arrangements, such as night watches and militias. These groups play a\u0000significant role in the local infrastructure of security and law enforcement.\u0000Consequently, this article challenges a common assumption by\u0000legal scholars, and many other observers of Indonesia, that state-based\u0000institutions such as the police are the exclusive, and only legitimate, mode\u0000of law enforcement in Indonesia. Through an ethnographic engagement\u0000with the idea of law enforcement on Lombok, I seek to broaden these\u0000assumptions about legitimate modes of statecraft. These non-state entities\u0000fill a void in the Indonesian law enforcement architecture that the state\u0000is unable or unwilling to fulfil (or potentially finds it more practical to\u0000delegate to local non-state institutions).","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85615369","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":"On the Material Semiotics of the Bates Stamp","authors":"A. L. Kaljund","doi":"10.3167/JLA.2018.020204","DOIUrl":"https://doi.org/10.3167/JLA.2018.020204","url":null,"abstract":"Ethnographic studies of legal materiality and the bureaucratic\u0000mundanities of law often juxtapose their richly empirical approach to\u0000the material assemblages of law with the ‘grand talk’ and conceptual\u0000abstractions of law. This article considers the intersection of formal legal\u0000discourse and the mundanity of bureaucratic practice through an examination\u0000of two judicial opinions concerning the legal significance of the\u0000Bates number, a sequential digit inscribed onto documents produced in\u0000US pretrial discovery. Through this analysis, the article both illustrates the\u0000Bates stamp’s role in the material constitution of law, and offers a reminder\u0000that the stories law tells about its own materiality can offer insights into,\u0000and enact and extend, the sociolegal agency of bureaucratic tools.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75359934","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":"Anthropology and Law in Latin America","authors":"R. Sieder","doi":"10.3167/JLA.2018.020207","DOIUrl":"https://doi.org/10.3167/JLA.2018.020207","url":null,"abstract":"As a researcher working within the field of collaborative or ‘engaged’\u0000legal and political anthropology in Latin America, law does very much\u0000shape my research agenda and that of most of my colleagues. I would\u0000also contend that anthropology does impact law throughout the region,\u0000although to a much lesser extent. This is most evident in the legalisation,\u0000judicialisation and juridification of indigenous peoples’ collective\u0000rights to autonomy and territory in recent decades. Yet, the influence of\u0000anthropology on legal adjudication in the region is not only limited to\u0000issues pertaining to indigenous peoples: engaged applied ethnographic\u0000research is playing an increasingly important role in revealing to legal\u0000practitioners and courts the effects of human rights violations in specific\u0000contexts, and victims’ perceptions of the continuums of violence\u0000to which they are subjected.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"185 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80327674","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":"Known Unknowns","authors":"Benjamin O. L. Bowles","doi":"10.3167/jla.2018.020212","DOIUrl":"https://doi.org/10.3167/jla.2018.020212","url":null,"abstract":"Goldstein, D. M. (2012), Outlawed: Between Security and Rights in a Bolivian\u0000City (Durham: Duke University Press), 344 pp., 9 photographs, 1 map,\u0000ISBN: 978-0-8223-5311-9 (paperback).Daniel M. Goldstein’s Outlawed: Between Security and Rights in a Bolivian\u0000City (2012) is a thickly described and richly detailed ethnography of\u0000uncertainty in the barrios of Cochabamba, Bolivia. It holds important\u0000insights for legal anthropology, particularly where the sub-discipline\u0000intersects with the anthropology of the state and the anthropology of\u0000human rights. The ethnographic detail is exemplary, with the work here\u0000having serious implications for anthropological theory and opening up\u0000several avenues for further investigation. That it opens new debates more\u0000than it offers cohesive answers – as is, admittedly, possibly fitting for the\u0000‘uncertain anthropology’ that Goldstein advocates – both is the prime\u0000strength of the work and can be offered as a gentle critique. I consider\u0000this to be because of the ambitious breadth of the work to the extent that\u0000directions that were implied were ultimately left somewhat unexplored.\u0000This review article is an attempt to consider the prime contributions of\u0000Outlawed and to tentatively map some of these implied connections.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"106 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89940829","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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