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Arguing With Tradition

Author: Justin B. Richland
Publisher: University of Chicago Press
ISBN: 0226712966
Size: 36.76 MB
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Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.

Rules Versus Relationships

Author: John M. Conley
Publisher: University of Chicago Press
ISBN: 9780226114910
Size: 32.16 MB
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In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.

Invitation To Law And Society Second Edition

Author: Kitty Calavita
Publisher: University of Chicago Press
ISBN: 022629661X
Size: 54.54 MB
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Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.

Intersections Of Law And Culture

Author: Priska Gisler
Publisher: Springer
ISBN: 1137285001
Size: 71.64 MB
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An inter-disciplinary, international collection that examines the mutual influences between law and culture through a series of sophisticated case studies showing how cultural phenomena are brought under legal regulation, how laws are resisted through cultural practices, and how those practices shape the way in which law is understood and applied.

Specializing The Courts

Author: Lawrence Baum
Publisher: University of Chicago Press
ISBN: 0226039552
Size: 14.45 MB
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Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. Specializing the Courts provides the first comprehensive analysis of this growing trend toward specialization in the federal and state court systems. Lawrence Baum incisively explores the scope, causes, and consequences of judicial specialization in four areas that include most specialized courts: foreign policy and national security, criminal law, economic issues involving the government, and economic issues in the private sector. Baum examines the process by which court systems in the United States have become increasingly specialized and the motives that have led to the growth of specialization. He also considers the effects of judicial specialization on the work of the courts by demonstrating that under certain conditions, specialization can and does have fundamental effects on the policies that courts make. For this reason, the movement toward greater specialization constitutes a major change in the judiciary.

High Stakes

Author: Jessica Cattelino
Publisher: Duke University Press
ISBN: 0822391309
Size: 22.94 MB
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In 1979, Florida Seminoles opened the first tribally operated high-stakes bingo hall in North America. At the time, their annual budget stood at less than $2 million. By 2006, net income from gaming had surpassed $600 million. This dramatic shift from poverty to relative economic security has created tangible benefits for tribal citizens, including employment, universal health insurance, and social services. Renewed political self-governance and economic strength have reversed decades of U.S. settler-state control. At the same time, gaming has brought new dilemmas to reservation communities and triggered outside accusations that Seminoles are sacrificing their culture by embracing capitalism. In High Stakes, Jessica R. Cattelino tells the story of Seminoles’ complex efforts to maintain politically and culturally distinct values in a time of new prosperity. Cattelino presents a vivid ethnographic account of the history and consequences of Seminole gaming. Drawing on research conducted with tribal permission, she describes casino operations, chronicles the everyday life and history of the Seminole Tribe, and shares the insights of individual Seminoles. At the same time, she unravels the complex connections among cultural difference, economic power, and political rights. Through analyses of Seminole housing, museum and language programs, legal disputes, and everyday activities, she shows how Seminoles use gaming revenue to enact their sovereignty. They do so in part, she argues, through relations of interdependency with others. High Stakes compels rethinking of the conditions of indigeneity, the power of money, and the meaning of sovereignty.

Rules And Processes

Author: John L. Comaroff
Publisher: University of Chicago Press
ISBN: 9780226114255
Size: 47.99 MB
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Rules and Processes is at once a compelling essay in social theory and a pathbreaking ethnography of dispute in an African society. On the basis of a sensitive study of the Tswana of southern Africa, John Comaroff and Simon Roberts challenge most of the orthodoxies of legal anthropology. They argue that the social world, and the dispute processes that occur within it, are given form and meaning by a dialectical relationship between sociocultural structures and individual experience. The authors explore in a novel way the relations between culture and ideology, system and practice, social action and human intention. They develop a model that lays bare the form and content of "legal" and "political" discourse in all its variations—a model that accounts for the outcome of conflict processes and explains why the Tswana, like people in other cultures, conceive of their world in an apparently contradictory manner—as rule-governed yet inherently open to pragmatic individualism; orderly yet inherently fluid and shifting. Rules and Processes offers a fresh and persuasive approach to our understanding of the dialectics of social life. "A work of impressive scholarship in which theoretical sophistication and ethnographic richness are convincingly matched."—Ian Hamnett, Times Higher Education Supplement.

Bartering With The Bones Of Their Dead

Author: Laurie Arnold
Publisher: University of Washington Press
ISBN: 0295804378
Size: 32.47 MB
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Bartering with the Bones of their Dead tells the unique story of a tribe whose members waged a painful and sometimes bitter twenty-year struggle among themselves about whether to give up their status as a sovereign nation. Over one hundred federally recognized Indian tribes and bands lost their sovereignty after the Eisenhower Administration enacted a policy known as termination, which was carefully designed to end the federal-Indian relationship and to dissolve Indian identity. Most tribes and bands fought this policy; the Colville Confederated Tribes of north-central Washington State offer a rare example of a tribe who pursued termination. Some Colville tribal members who favored termination wanted a life free from federal supervision and a return to the era when each band of the confederation managed its own affairs. Other termination advocates simply sought the financial payout that termination promised. Opponents of termination wanted to protect tribal identities and lands, hoped to preserve the Colville heritage and homeland for future generations, and sought to compel the federal government to live up to its promises. Laurie Arnold tells the story of those years on the Colville reservation with the perspective both of a thorough and careful historian and of an insider who grew up listening to the voices and memories of her elders. Watch the book trailer: http://www.youtube.com/watch?v=4N_jvwYb6z0

Telling Stories The Kiowa Way

Author: Gus Palmer
Publisher: University of Arizona Press
ISBN: 9780816522781
Size: 41.35 MB
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Among the Kiowa, storytelling takes place under familiar circumstances. A small group of relatives and close friends gather. Tales are informative as well as entertaining. Joking and teasing are key components. Group participation is expected. And outsiders are seldom involved. This book explores the traditional art of storytelling still practiced by Kiowas today as Gus Palmer shares conversations held with storytellers. Combining narrative, personal experience, and ethnography in an original and artful way, PalmerÑan anthropologist raised in a traditional Kiowa familyÑshows not only that storytelling remains an integral part of Kiowa culture but also that narratives embedded in everyday conversation are the means by which Kiowa cultural beliefs and values are maintained. Palmer's study features contemporary oral storytelling and other discourses, assembled over two and a half years of fieldwork, that demonstrate how Kiowa storytellers practice their art. Focusing on stories and their meaning within a narrative and ethnographic context, he draws on a range of material, including dream stories, stories about the coming of T‡im? (the spirit of the Sun Dance) to the Kiowas, and stories of tricksters and tribal heroes. He shows how storytellers employ the narrative devices of actively participating in oral narratives, leaving stories wide open, or telling stories within stories. And he demonstrates how stories can reflect a wide range of sensibilities, from magical realism to gossip. Firmly rooted in current linguistic anthropological thought, Telling Stories the Kiowa Way is a work of analysis and interpretation that helps us understand story within its larger cultural contexts. It combines the author's unique literary talent with his people's equally unique perspective on anthropological questions in a text that can be enjoyed on multiple levels by scholars and general readers alike.

Justice And Judgment Among The Tiv

Author: Paul Bohannan
Publisher: Routledge
ISBN: 1351037285
Size: 26.29 MB
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Since publication in 1957 the importance of Bohannan's study of judicial institutions and procedures among the Tiv has been widely recognized. It has contributed widely to the continuing discussion concerning the objectives and methods to be followed in the anthropological study of law and the contribution this makes to comparative jurisprudence. the work describes and defines Tiv ideas of 'law' as expressed in the operations of their courts known as Jir. The analysis is based on and illustrated by numerous cases which the author attended and discussed with leaders in the Jir.