法律和物质

E. Cloatre, D. Cowan
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引用次数: 14

摘要

这一章反映了物质性影响的方法可以给法律人类学带来什么,以及更普遍的法律研究。它的出发点是越来越多地关注社会科学和人文学科的对象,以及超越人类的思考。这些问题往往(但不仅是)产生于我们特别注意的科学和技术研究。然而,物质性的方法本身也变得多样化,它们对法律的影响也可以从多种方式来解读。与此同时,法律人类学通过关注其对自身机构内外行为者的意义,帮助重新描述了作为社会活动领域的法律的复杂性;它在实践中的行为模式,在其明确指定的空间以及日常生活中;它意想不到的形式、模式和方向;它的多样性和不确定性。宽泛定义的“法律人类学”议程内的方法提供了一些工具,可以摆脱对法律的宏大和移除的理论化,或对其自身主张的独家关注,并将法律更微妙地理解为一套相对流动、变化和不确定的实践。在这样做的同时,法律人类学也提醒我们,实证研究对于识别和理论化法律的复杂存在的重要性,这一贡献与物质性导向理论的一些含义相呼应。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legalities and materialities
This chapter reflects on what materiality-inflected methodologies can bring to an anthropology of law, and to legal studies more generally. Its starting point is an increasing attention across the social sciences and humanities for objects, and thinking beyond the human. These have often, but not only, emerged from science and technology studies (STS), to which we pay particular attention. However, approaches to materiality have themselves become diversified, and their implications for law can similarly be read in multiple ways. At the same time, legal anthropology has helped to re-characterise the complexity of law as a field of social activity by paying attention to its meanings, for actors within as well as outside its own institutions; to its modes of action in practice, again within its explicitly designated spaces as well as its everyday; to its unexpected forms, patterns and directions; to its multiplicity and uncertainty. Approaches within a broadly defined ‘legal anthropology’ agenda have provided tools to move away from grand and removed theorisation of the law, or an exclusive attention to its own claims, and towards a subtler understanding of law as a relatively fluid, changing and uncertain set of practices. While doing so, legal anthropology has also reminded us of the significance of empirical research to identify and theorise the complex existences of law, a contribution which echoes some of the implications of materiality-oriented theories.
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