Readings

Question 1

Sally Moore

Answer 1

50 Years Of Legal Anthropology

Question 2

Sally Moore (law as…)

Answer 2

culture, domination, problem solver
product of culture and history
also used for reconstructive purposes

Question 3

Lewis Morgan

Answer 3

Ancient Society

Question 4

Lewis Morgan (ideas)

Answer 4

savage - barbarism - civilisation

2 forms of government : founded on person (society) and founded on property/territory (state)

Question 5

Henry Maine

Answer 5

Ancient Law

Question 6

Henry Maine (ideas)

Answer 6

move from family to individual

from status to contract

Question 7

Evans-Pritchard

Answer 7

Witchcraft Oracles and Magic Among the Azande

Question 8

Evans-Pritchard (ideas)

Answer 8

WC regulates human conduct

Question 9

Audrey Richards

Answer 9

Chisungu: A girl’s initiation ceremony among the Bemba of Zembia

Question 10

Audrey Richards (ideas)

Answer 10

Ritual expresses marriage morality
children legally belong to the girl’s family
legal contract binds them to marriage but ceremony evokes patterns of desirable conduct

Question 11

Isaac Schapera

Answer 11

A Handbook of Tswana Law and Custom

Question 12

Isaac Schapera (ideas)

Answer 12

Can’t separate legal rules from rules of conduct
Law based on MOILA (taboo)
Western influence –> loss of power

Question 13

Paul Bohannan

Answer 13

Justice and Judgment among the Tiv

Question 14

Paul Bohannan(ideas)

Answer 14

In court - “partner”
incommensurability
Moot at the end of ritual

Question 15

Max Gluckman

Answer 15

The Judicial process among the Bartose of Northern Rhodesia

Question 16

Max Gluckman (ideas)

Answer 16

Ngana (reason/sense)
focus on presumed motivation (≠proof)
Laws based on lozi ethics & christian influence)

Question 17

Sally Moore (2nd)

Answer 17

Customary Law on Kilimanjaro

Question 18

Sally Moore (ideas) (pre + today)

Answer 18

Pre-colonial rule (no centralized form of government)
Hard to differentiate between original and colonial customs
Chagga today: western educated leadership, christian influence, participation in western economy, government reorganized often.

Question 19

Terrence Ranger

Answer 19

The invention of tradition in colonial africa

Question 20

Terrence Ranger (ideas)

Answer 20

…

Question 21

Franz von Benda-Beckmann

Answer 21

Who’s afraid of legal pluralism?

Question 22

Franz von Benda-Beckman (ideas)

Answer 22

Bias is inevitable
People can be multi-legal
We should study different legal systems empirically

Question 23

Kirsten McConnachie

Answer 23

Governing Refugees: Justice, Order and Legal Pluralism

Question 24

Kirsten McConnachie (ideas)

Answer 24

Refugee centred humanitarian policies
dispute resolutions and decision making is participatory (consensus based)
emphasis on reintegration and rehabilitation versus punishment (≠stigmatize)

Question 25

James Clifford

Answer 25

Identity in Mashpee

Question 26

James Clifford (ideas)

Answer 26

Plaintiffs not recognized as natives

is culture something the state can decide upon?

Question 27

Anthony Good

Answer 27

Cultural evidence in Courts of laws

Question 28

Anthony Good (ideas)

Answer 28

Issue of hearsay (second hand testimony)

Law needs to reconsider its approach to cultural evidence in the courtroom

Question 29

Ronald Niezen

Answer 29

Truth and indignation

Question 30

Ronald Niezen (ideas)

Answer 30

• People being taught how to tell their truth

- moral insecurity to unwanted narratives