Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  LEGAL ANTHROPOLOGY
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

PRÁVNA ANTROPOLÓGIA – JEJ PRÍNOSY A ZLYHANIA

100%
Šmihula D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 5
444 – 455
EN
Legal anthropology is an interdisciplinary science on the border between anthropology and theory of law and the state. During its beginnings in 1920s it was dealing with legal and political systems of primitive populations and from such findings it tried to extract generally applicable principles which could be utilized also in the case of modern societies. The legal anthropology is understod by any legal system as an integral part of the society in which it is being used. Therefore it requires also a research not only in the legal system but in the society as whole (material conditions, culture, language etc.) and also of a man with his biological qualities, thinking and habits. But this science needed to cope with tendencies to ideologization and to use it as a “tool” in efforts to prove “priority of non-western cultures” or even “corruption of the whole masculine aggressive Western civilization”. As any scientific method or theory the legal anthropology must be used critically and with knowledge of it limits.
2

THEORY OF LAW - LEGAL ETHNOGRAPHY OR THE THEORETICAL FRUITS OF INQUIRIES INTO LEGALLY RELEVANT FOLKWAYS

72%
Varga C.
Tarsadalomkutatas (Social Science Research)
|
2008
|
vol. 25
|
issue 3
275-298
EN
'Rechtliche Volkskunde' is distinguished from Legal Anthropology, and the latter from both Legal Ethnology and Legal Pluralism, as well as from the research on Aboriginal Law, claiming the first three to be law-related parts of non-legal disciplines, in contrast to 'Ethnologischer Jurisprudenz' and Anthropology of Law, taken as directions within the field of general jurisprudence itself. For the time being, neither the first has projected own theories nor Socio-ethnography has interfered with legal theorising, nurturing or challenging it. Since the realisation of Ehrlich and Weber on that laws may prevail independently of the states' 'Westphalian duo', a number of attempts at both extending and narrowing the law's usual covering has been tested. Considering the pendule movement between monism and pluralism in a historical perspective, renaming through reterming what is at stake as the object of research should not be a primary issue. As formulated by the author a quarter of a century ago 'Law is (1) a global phenomenon embracing society as a whole, (2) able to settle conflicts of interests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society'.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.