January 14, 2020 “50 years of Legal Anthropology”, Sally Faulk Moore -Law is tradition driven and those who treat law as culture mean it in relation to constitutions, collective inequalities, insiders and outsiders, and other aspects of national and ethnic politics. -Everything in law can be understood to be a mask and serves as the cause of the powerful -Some look at law as a functional one, and a rational response to social problems. This rationalist framework is widely used in the legal profession. -Geertzargued that law was “a species of social imagination”. January 16, 2020 Ethnography ●“Ethnos” + “graphy” Malinowski: Argonauts of the Western Pacific - “the imponderabilia of everyday life” -In order to truly understand and ethnographically listen, one has to become part of the life you intend to observe. Gluckman: -Realized that all aspects of colonialism should be studied, not just the people of the land they were colonizing. Asad: Anthropology and the Colonial Encounter -Critical ethnography and the colonial context of ethnography -It should not just be a scientific experiment. -Movement towards a post-colonial anthropology Nader: -Looked not just at colonial context, but at the class context. Why are anthropologists only interested in those on the outskirts of society? →study up -Proposed the study of all classes in relation to how every class has come to be in relation to marginalized populations. -This leads to institutional ethnography. The ethnos here disappear. Coleman: -Has done work on hackers [& the anonymous group]. -Digital Ethnography: no ethnos, carrying out ethnography through an online space. -There is a way that this online space creates its own boundaries because you can only reach a certain part of people through a screen. -Ethnography must include some sort of face to face encounter otherwise there is a huge component missing. Traditional Law ●What is tradition? ●Tradition is immutable and also multiple. ●Legal pluralism: the co-existence of various forms of law. This took over the concept of traditional law. Schapera:
-Studied groups of people and realized that tradition was adaptable. Some stay the same, while there are some aspects where tradition changes. Herder: -Believed that kulture in its purest form were those who lives in jungles, at the bottom of volcanoes, etc. -Connection between “kulture” and tradition, through these people who are immutable who essentially become destroyed by civilization. He describes this human essence in which having an inner self is part of your inner identity. -“Kulture” describes individual subordination to the state. Ethics ●Unpacking culture to entirely understand humans and what they are about (without necessarily referencing their history). ●Tracking progress of humanity, thinking they have experienced a deeper understanding of people.