ANTH 222 Lecture Notes - Lecture 9: Max Gluckman, Cultural Pluralism, Berlin Wall
14 Mar 2016
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Document Summary
Certainties undone: fifty turbulent years of legal anthropology, 1949-1999. Law is tradition driven, outside of the west. Culture now has lost its political innocence, it arises in relation to constitutions, collective inequalities, insiders and outsiders, national and ethnic politics. Law as domination law as a mask for elite interests, in the west and outside of furthering general interests, but serves as the cause of the powerful, in capitalism. Technical, and functional, as as rational response to social problems. Rationalist framework, used in legal profession, and appears in modernity in weber"s sociology. Gluckman and the rationales of judges: reasoning, reasonableness, and rules. Gluckman: dominant personality in law and anthropology, interested in pre-colonial society and true africa. Hithero, law in africa, set of customary rule statements elicited from chiefs: guidelines for colonial courts, in fact, altered indigenous practices. Customary law assumed to be largely an expression off indigenous tradition.
