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Anth 222 > Midterm > Flashcards

Midterm Flashcards

1
Q

Anthropology

A

Study of human beings

Kant came up with anthropological ideas

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2
Q

Focus of legal anthropology

A

Different legal institutions and practices in society

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3
Q

Society

A

the state or condition pf living in company of other people; the system of customs and organizations adopted by a group of people for harmonious coexistence or mutual benefit

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4
Q

Culture

A

The distinctive ideas, customs, social behaviour, products or way of life in a particular nation, society, people or period.

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5
Q

Ethnology

A

the science which treats of races and peoples, and of their relations to one another, their distinct physical and other characteristics

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6
Q

Ethnography (+famous ethnographers)

A

the scientific description of nations or races of men with their customs, habits and point of difference.
Frank Hamilton Cushing, Bronislaw Malinowski and EE Evans-Pritchard

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7
Q

Law derives its raison d’etre from

vs anthro

A

its need to affix social responsibility (locating liability)

anthro: more of an explanatory analysis (holistic)

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8
Q

Main points of law’s anthropology

A

Emphasis on the strategic or applied purposes
Categories of human beings endowed with rights elaborated by international institutions
Categories elaborated by insti informed by the demands for clarity and certainty
Rights are negotiated

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9
Q

Harri Englund

A

Human rights in Malawi

Concerned with intersection of dominant institutions and people subject to them

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10
Q

Bruno Latour

A

He studies both lawyers and a practice called fictio legis

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11
Q

Fictio Legis

A

Making up the law for the purposes of the case (legal fictions)

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12
Q

Social evolutionism (darwinism) - better name

A

a theory that takes the biological concepts of natural selection and survival of the fittest and applies them to matters of sociology and politics
Social spencerism

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13
Q

Herbert Spencer (3)

A
  • Competition at the base of progress in bio world should be same in human/social world
  • Against welfare and social institutions
  • Justifies colonialism
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14
Q

Idea of progress (3)

A

Teleology of the development of human societies
All human societies are part pf a trajectory and therefore some are just further ahead in development than other
- not superior; just advanced

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15
Q

Comte de BUffon

A

savages have less acute sensations, not as strong, no hair and faster

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16
Q

Montesquieu

A

can’t just the virtue of a society outside of the context in which it resides

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17
Q

Comparative method

A

Maine
+ Gluckman+ Durkheim+ Spencer
Compares different societies against each other (use of a ranking system)

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18
Q

Maine

A

Status to contract
the further back you go the more the society is based upon the status of the family
Emergence of individual responsibility comes with the emergence of contracts

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19
Q

Morgan (3 stages plus criteria)

A

Savagery - hunting and gathering, communal ownership
Barbarism - horticulture, pottery, concept of private property
Civilisation - agriculture, artistic academic culture, private land ownership, changes in technology and morality
Looking at material foundations of society

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20
Q

Everyday justice

A

there are forms of justice that exist outside formal venues

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21
Q

Durkheim’s theories in relation to the law

+ reality

A

Simple/ primitive societies: repressive sanctions
With greater division of labour: restitutive sanctions (tied with customary law)–> relations restituted to their normal state

Reality: the more state is involved and division of labour increases the more repressive sanctions we see

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22
Q

Type of sanction in mechanical solidarity

A

repressive sanctions

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23
Q

Type of sanction in organic solidarity

A

restitutive sanctions

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24
Q

Gabriel Tarde

A

Society doesn’t exist outside of the individual
The course of humanity is guided using communication
Further back in time - the more diverse the system of law you have (& languages)

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25
Q

British social anthropology + key thinkers

A

Analyses how a particular social life is organized
Studies networks between institutions and systems that bind people together
Rejection of speculative history
Ethnographic method + participant observation
Malinowski + Evans-pritchard

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26
Q

Bronislaw Malinowski

A

thought his research would aid colonialism
“The imponderabilia of everyday life”
Participant observation : at least a year

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27
Q

Malinowski’s ideas about law

A

looked at what makes people follow certain laws in society
“savages” obey laws because of a psychological motive
their legal structure is based on mutual dependence

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28
Q

S.F. Nadel

A

West Africa: study “Black Byzantium”
research done to help colonial governments
puzzled by people under no form of structured rule
how do you have order without the state?

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29
Q

EE Evans- Pritchard

A

Azande witchcraft
explains how society can function in system that is completely irrational (from his POV)
Witchcraft regulates human conduct
ex. the granary

30
Q

Audrey Richards

A

Girl’s ignition among the Bamba in Zambia
ceremony : figurine becomes vehicle that encapsulates the values they must repeat and carry on with their lives
Colonial anthro looks at particular institutions as insights

31
Q

Functionalism : Malinowski (5)

A 
Emphasis on group ties
Reciprocity as the social structure 
Synchronic analysis (themes)
One thing at a time 
Emphasis on stability and order
32
Q

Functionalism: Richards

A 
Emphasis on psychological function of a practice 
Diachronic analysis (sequences)
looking at changes over time 
Security: clear knowledge of social roles and obligations
33
Q

Kgotla

A

Essential part of colonial era - way f the british to communicate with people
Studied by Schapera
Botswana

34
Q

Isaac Shapera

A

Applied anthropologist
Believe the law to be flexible
Tribes have same laws and customs (institutions)

35
Q

Commensurability

A

Gluckman

Ability to translate something from one from to another

36
Q

Gluckman

A

Founded manchester school
Comparative method
Focused on a conceptual problem
Ranked political tribes on a scale of morphological development

37
Q

Bohannan

A

Incommensurability
Need to start with intimate knowledge
Case study approach
Can’t make broad comparisons between the language used in african communities and in the western world

38
Q

Etic:

A

Gluckman

outsider’s perspective, objective views, commensurability

39
Q

Emic

A

Bohannan

insider’s perspective, subjective views, incommensurability

40
Q

Manchester school

A

Gluckman
Case study approach
More flexible approach to legal anthropology

41
Q

Distinct features of the school

A 
Interest in conflict 
Methodological focus on case studies 
Emphasis on field data 
Multiplex relationships
Great attention to colonial situations and the influence of foreign rule
42
Q

Situational analysis

A

“event ethnography”
Gluckman
Case study approach to ethnography
QUOTE - middle of pink page

43
Q

Legal pluralism (definition)

A

the existence of multiple legal systems within one population and/or geographic area

44
Q

3 Problems of legal pluralism

A

Myth of natural homogeneity
Forum shopping
Exclusivism

45
Q

2 Key thinkers of legal pluralism

A

Franz and Keebet von Benda Beckmann

46
Q

Myth of natural homogeneity (LP)

A

idea that groups within state borders are similar

47
Q

Forum shopping (LP)

A

shopping for legal systems that will best help their case

48
Q

Exclusivism (LP)

A

mutually exclusive norms and values

49
Q

Customary law background is twofold

A

Colonial structure and the state (post-colonial structure)

50
Q

What is customary law?

A

Set of laws that have their basis in customs and traditions but have been adapted to a more modern setting

51
Q

2 key customary law thinkers

A

Martin Chanock

Eric Hobsbawm

52
Q

Martin Chanock

A

customary law is the product of the colonial legacy
Result of racist and cultural aggression
It isn’t customary or legal

53
Q

Eric Hobsbawm

A

Invented traditions

ex. Tartan designs

54
Q

Terrence Ranger 5 steps of the invention of tradition in colonial Africa

A
  1. Indigenization of the state
  2. Creation of african nationalist traditions
  3. Invented tribalization
  4. Invention of tradition in law
  5. the use of tradition
55
Q

Legal pluralism in aboriginal law

A

UNDRIP

56
Q

Article 3 and 4 of UNDRIP

A

3: right to self-determination
4: right to autonomy or self-governance

57
Q

Gladue Courts toronto

A

like normal courts but have the background knowledge of aboriginal issues
no legal pluralism: but accommodation towards people deeply failed

58
Q

Truth reconciliation commission (4)

A

Define and set limits to the history of state sponsored violence
Appeal to people’s sense of indignation
Work to reconcile the transgressions between victims and victimizers
Truth sharing

59
Q

TRC outcome of

A

litigation

60
Q

IRSSA

A

Indian residential school settlement act

61
Q

Richard Wilson

A

TRC didn’t focus on how violence became routine

62
Q

Schedule “F”

A
  • 1484 institutions unsuccessfully claimed as residential schools
  • federal government made decisions –> bias
63
Q

Malinowski 3 main points on LAw

A

Mutual dependence
Configuration of obligation
RECIPROCITY

64
Q

Kgotla and Kgosi

A

Public meeting place and Chef

65
Q

John Jay

A

Myth of natural homogeneity

66
Q

De Sousa Santos

A

Inter legality

67
Q

Craig Proulx

A

Gender discrimination in Aboriginal Law

68
Q

Richland

A

We may not completely understand the indigenous traditions and customs properly

69
Q

Sapignoli

A

Anthropologists as experts

Authoritative reference in defining and constructing the existence of identities

70
Q

Alicida Ramos

A

Anthropologists as “evidence” in court

71
Q

Richard Wilson

A

Only focus on extreme cases and not the everyday mundane bureaucratic enforcement of apartheid
(South Africa)

Anth 222 (2 decks)

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