The Power of Law in a Transnational World

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Keebet von Benda-Beckmann (Redaktør) ; Franz von Benda-Beckmann (Redaktør) ; Anne Griffiths (Redaktør)

How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. Les mer
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Om boka

How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.

Fakta

Innholdsfortegnelse

Acknowledgements



Introduction: The Power of Law

Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Anne Griffiths



POWER OF LAW AS DISCOURSE: CLAIMS TO LEGITIMACY AND HIGHER MORALITY



Chapter 1. The Military Order of 13 November 2001: An Ethnographic Reading

Carol J. Greenhouse



Chapter 2. Law and the Frontiers of Illegalities

Laura Nader



Chapter 3. Selective Scrutiny: Supranational Engagement with Minority Protection and Rights in Europe

Jane K. Cowan



Chapter 4. The Globalization of Fatwas amidst the Terror Wars against Pluralism

Upendra Baxi



Chapter 5. Human Rights, Cultural Relativism and Legal Pluralism: Towards a Two-dimensional Debate

Franz von Benda-Beckmann



AT THE INTERSECTION OF LEGALITIES



Chapter 6. Learning Communities and Legal Spaces: Community based Fisheries Management in a Globalizing World

Melanie G. Wiber and John F. Kearney



Chapter 7. Project Law - a Power Instrument of Development Agencies: A Case Study from Burundi

Markus Weilenmann



Chapter 8. Half-Told Truths and Partial Silence: Managing Communication in Scottish Children's Hearings

Anne Griffiths and Randy F. Kandel



RELIGION AS A RESOURCE IN LEGAL PLURALISM



Chapter 9. Keeping the Stream of Justice Clear and Pure: The Buddhicization of Bhutanese Law

Richard W. Whitecross



Chapter 10. Balancing Islam, Adat and the State: Comparing Islamic and Civil Courts in Indonesia

Keebet von Benda-Beckmann



Chapter 11. Kings, Monks, Bureaucrats and the Police: Tibetan Responses to Law and Authority

Fernanda Pirie



Notes on Contributors

Index

Om forfatteren

Anne Griffiths has a personal chair in Anthropology of Law at the University of Edinburgh in the School of Law. Her major research interests include anthropology of law, comparative and family law, African law, gender, culture and rights. She has been awarded research grants from the ESRC (Economic and Social Research Council), the Wenner-Gren Foundation for Anthropological Research (USA), the Annenberg Foundation (USA), the British Academy, the Leverhulme Trust, the Commonwealth Foundation, the Carnegie Trust and the American Bar Foundation.