Legal Anthropology
Objectives
The objective of the course program is to provide students with theoretical and methodological frameworks related to the various types of interactions between law and the anthropological contexts of its production and application. The general objective is to acquire in-depth knowledge about the most important theories and methodologies in the areas covered, in order to allow them to come to propose innovations and possible broadening of scope in the fields they will focus on in the future.
General characterization
Code
27103
Credits
4
Responsible teacher
Soraya Nour Sckell
Hours
Weekly - 3
Total - 36
Teaching language
English
Prerequisites
Not Applicable
Bibliography
Armando Marques Guedes (2003), "Law as Culture?", in Feelings of Justice in the Chinese community of Macao (ed. A. Hespanha): 27-48, Instituto de Ciências Sociais e Fundação Oriente, Lisboa.
Armando Marques Guedes (2005), Entre Factos e Razões. Contextos e Enquadramentos da Antropologia Jurídica, Almedina, Coimbra.
Armando Marques Guedes (2008), Uma articulação entre o Estado e as Autoridades Tradicionais? Limites na congruência entre o Direito do Estado e os Direitos Tradicionai em Angola, em (ed.) Diogo Freitas do Amaral, Estudos Comemorativos dos 10 anos da Faculdade de Direito da Universidade Nova de Lisboa, vol. 1: 715-753, Almedina, Coimbra.
Armando Marques Guedes (2009), "Can 'traditional authorities' and a democratic State co-exist in Angola?", Politica Internationala, Bucuresti, Romania.
Maine, H. (1861), Ancient Law, London.
Durkheim, E., (1902), De la division du travail social, Paris.
Malinowski, B. (1982, original 1926), Crime and Custom in Savage Society,Rowman & Littlefield, New York.
Radcliffe-Brown, A. R. (1933), Law, Primitive, em Encyclopaedia of the Social Sciences, vol. 9: 202-206, New York.
Weber, M. (1968, original 1921), Economy and Society, Berkeley and Los Angeles.
Gluckman, M. (1965), Politics, Law and Religion in Tribal Society, London.
Pospisil, L. (1967). Legal levels and multiplicity of legal systems in human societies, The Journal of Conflict Resolution 9(1): 2-26.
___________ (1974), Anthropology of Law: a comparative theory, Yale University Press.
Roberts, S. (1979), Order and dispute: an introduction to legal anthropology, Penguin, London.
(eds.) Armando Marques Guedes and Maria José Lopes (2007), State and Traditional Law in Angola and Mozambique, University of Leiden and Almedina.
Vayda, A. P. (1969), The study of the causes of war, with special reference to headhunting raids in Borneo, Ethnohistory 16:221-224.
McKinley, R. (1976), Human and proud of it! A structural treatment of headhunting rites and the social definition of ennemies, em Studies in Borneo Societies, (ed) G. N. Appell, I. Dekalb: CSEAS, NTU: 92-126.
Needham, R. (1976), Skulls and causality, Man: 71-88.
Freedman, D. (1979), Severed heads that germinate, em Fantasy and Symbol. Studies in Anthropological Interpretation, (ed.) R. H. Hook, 233-246: Academic Press.
Rosaldo, M. (1980), Knowledge and Passion. Ilongot notions of self and social life, conclusão, 221-234: Cambridge University Press.
Metcalf, P. (1982), A Borneo Journey into Death. Berawan eschatology from its rituals, cap. 7, 112-126: University of Pennsylvania Press.
Hoskins, J. (1996), Introduction: headhunting as practice and as trope, em Headhunting and the Social Imagination in Southeast Asia, (ed.) J. Hoskins, 1-50: Standford University Press.
McWilliam (1996), Severed heads that germinate the State: history, politics and headhunting in southwest Timor, ibid: 127-167.
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To access the full program as delivered to the students, see the discipline at https://unl-pt.academia.edu/ArmandoMarquesGuedes/curricula-(progr-&-biblio-)-of-disciplines-taught
Teaching method
While the first six sessions of the Program are magisterial lectures, the latter ones include a small presentation of the theme by selected groups of students, followed by discussions around them. In terms of Faculty rules there is an obligatory final exam. Both for the exam and the short papers that will serve as the bases for discussions in the second part of the Program, evaluation will depend on clarity in the use of Legal Anthropology concepts used and discussed (40%), on knowledge of the examples treated (20%), and on the creativity displayed (40%).
Evaluation method
Students will present short written papers on one of the topics of the Program below. A final exam determines the minimal final classification obtained, which the quality of the paper presented may ameliorate. While the first six sessions of the Program are magisterial lectures, the latter ones include a small presentation of the theme by selected groups of students, followed by discussions around them. In terms of Faculty rules there is an obligatory final exam. Both for the exam and the short papers that will serve as the bases for discussions in the second part of the Program, evaluation will depend on clarity in the use of Legal Anthropology concepts used and discussed (40%), on knowledge of the examples treated (20%), and on the creativity displayed (40%).
Recapping: all students will present a short paper (its presentation lasting a maximum of 15 to 20 mn) on one of the topics of the Program, An obligatory final exam will determine the minimal classification obtained, which the quality of the short paper presente may ammeliorate.
Subject matter
Part 1 - Introduction
Domain circumscriptions in the anthropological study of law and politics: the classical tradition (1)
Head-hunting and peace-pacts: some of the dimensions of interpretation and explanation in anthropology (2)
The jural and the political: a controversy on the foundations of the comparative method (3)
On the nature of the legal and the political. recent anthropological perspectives (4)
Order, taxonomic categories and classes, anomalies: taboos and prohibitions as outcomes of classifying (5)
Hierarchies, egalitarianisms and exchanges: the construction of social stratification, modes of expression of authority, and cosmological elaborations (6)
Part 2 - Jural and political acts and processes
The state, judicial institutions and formalization: an example from zambia, central africa (7)
Social axes and political strategies: responsabilities and collective solutions among the ilongot, Philippines (8)
Formality and informality and judicial forms: an example form botswana, Southern Africa (9)
The alterity of practices: crime and punishment in Nigéria, West Africa (10)
The political dimension of a judicial discourse: cadi courts in Morocco (11)
Ritual aspects of the indefinition of conjunctures, legitimation, authority and the circumscription of collective identity: guerillas in Zimbabwe (12)
Public adminstration as cosmic management: spectacle, ceremony, and royal protocol in bali, Indonésia (13)
Part 3 - Descriptions and anthropological analyses of the jural and the political in portugal and the lusophone world culture; politics; and the state: examples from Macao, East Timor, and Lusophone Africa (14)
Inheritance, families and social groups: stratification in Trás-os-Montes (15)