Theor instruments: we are dealing with people - theory without practice and vice versa, i do not scientists (rf Ingold, Tim)
rules: study law
reproductive performance: Study and ID, authorship, they create knowledge
Benda - Beckmann: Legal anthropology; In: Fischer / Beer: Anthropology - Introduction and overview
basics
• Rechtsanthro studied law / e Gesellsch as a normative dimension Organisation: Sollensanordng i norm = normative thinking all that supposed to have been for example, Catholic Church: Who is allowed to be priests, who not? > Asexuality, Heterosexualitaet; social morality has often deal with normative thinking, without giving reasons why! example: Thou shalt not kill - combined with a penalty: Facts, d-entry, if someone offend gg d Sollensanordng, like forest forbidden to enter: usually without penalty, only when infringement will be executed completely, reject v liability, normative dimension: Text; normative exaggerated = you should be heterosexual, but do not apply, nor standards excessive, because, without notice, inclusion and exclusion: AuslaensderInnen & InlaenderInnen as Definition> Def's always inclusive and exclusive notions> differnet Beschreibng v, Hermeneutics: "successful integration" means many different things, depending vd group dinterpretiert; Rechtspluralisms Def: certain social being, od current statement, clear operation, and inter-subjective? Objects d CTRL, evidence of Gestze, law alone is enough, 'but forest: Which forest, if not infringement will be punished, so completely peremptory norm with penalty, standard u Superelevation: Anordngn from morality: Gleichberechitgngn at best Vorraussetzngn;
• overlaps: Terms of values, concepts, rules u practice v cultural Vorstellngn fed u changed: See Terms of practices u examine what cultural values are d, d are behind it? Test d Bedingngn;
• Legal i place d soz inclusion is v other social, economists, political u religious Beziehungsverhaeltnissen u Institutions: finding, for example, health professionals are not manageable: Proposals u reforming, new foundations, studied not completely free and accessible - Right i place d soz integration meant succeed u miss ling integration i; Justification: Hochschulgebuehren not given since there is not growing facilities / staff / lectures; conviction services are a means of integration: discussion process i Parliament od Volksabstimmng; here: Mango Tree - Nature d as a site integration, eg integration as nature intended "primitive Formulation substantiate; civilized nations: in contrast to the democratic system "primitive"; DDr. Zips: Mango tree = What shall we do? such as youth unemployment> What to do, for example Minderjaehrigenschwagerschaft: serious problems i d Konxt globalization, formerly d family i kontxt not so difficult, that is: What should apply? Legal structure: Many believe instead of d integration i VW od Rel od ethnicity, but there are Rechtsvorstellngn, d should be considered explicitly / searched (t) s; soz Kontxt Terms of process d negotiation, with a large range of democracy (but may also Santander criticizing his dictatorial process under the mango tree): What are we to make arrangements, d for all application? D level communication: Can agree to "others"? Control: develop Ueberzeugungsfaelle consensual, consequences, rt d potentially succeed be u miss ling-border integration, such as countrywide bombing - Problemloesngspotential: low, leads not to Freidl democracy, failed policy, integration only through negotiation - communication, no place i finished, only i secularised Law: religion not so important, like i Iran: To determine overlaps v spheres, right i permeable ggueber religion as science is transparent; soz, economists components to consider code u law as a procedural consensus
History of Science
1861: Bachofen , Johann Jakob: The parent law> Matrirchat first Initial legal form
1861: Maine , Sir Henry: Ancient Law Patriarchate at the beginning
time d Charles Darwin, could evolution Theo lt d early Anthro can be applied to humans, adaptations
evolutionist approach: Ene company form of d other out Gegan, eg Matriarch vs. Patriarch, called Altvoelker reproduce vibrant old forms d law, d Urkkultur; basic paradigm: development ideology, world domination as RepraesentantInnen the highest stage of development (int'l orgs, etc: idea d Entwideo) - combined with conceited right to unilateral force; sensibility u be alert
definitions by DDr. Zips: reading books, questions run through, i Gesellsch distribution criteria differ! dozens or hundreds of laws in a year in UK - EU requirements d: must be enforced in national law, such as cucumbers Act - Consent: EU - up discontent in this Act, for example, six other local laws;
first Legalist Defs v € - American Rechtsauffasngn of: Gleicsetzng v law u law: legalistic is = What in the law, all the rest i do not Terms of anchored; Migration: Other Rechtvorstellngn to migrate, Admin u Verfassngn: State-Vollziehng only because d laws exercised (type! 18 BVG) such as omerta = penalty for non-compliance = right idea, not reilg principle od Ethos, pathos, for example 2 in cantos
Funtional Defs explain right from Funktionszusammhang d v u soz rules standards to other areas of life (eg VW, religion, socio - econ conditions); DDr. Zips Fall: obeah magic to ritual killing
third Kontxtuelle Def: Praxisverstaendis v law. Central question: How come to an Alliance Partner of Gesellsch d i Kontxt Gesellsch processes sot ui elaborate network relationships over their mutual rights u obligations, as well as their Durchsetzng? Id est: How does law as a place d soz integration? Id est: Often law is not written down, that is life i a process, ongoing communication d members, and / inheritance> Vorstellngn: relig influence
right u globalization
• Legal pluralism
• transnational dimension: 1 v Mobiilitaet law by migration flows, legal 2 Project, 3 Int'l Conventions: ILO 169, 4 UN Draft Declaration on Rights Indigenious: Bestimmngn d Criteria / conditionalities d eg World Bank, in an extreme situation d inequality u military might apply these Bestimmgn: Zambia refused to accept genetically modified corn, the other stick to it; conditionalities are not right, but with penalties: funds will be stopped, often the source even not known, problem => Mediation: Arbitration - a paid lawyers i Forum privatized; Verhandlng; v Verlagerng not mastered problems leads to political violence / Terrorism; Sollensanordngn eg indigeneous Laws as Draf: state adopts a gg UN Declaration - Terms of judgments, statuary law and common law;
Book Recommendation: Mobile People, Mobile Law
NADER, Laura: The America organization Of Law
u • Legal Justice: Factual law, as it legitimacy? How is it assessed? What makes a right legitimate? DDr. Zips: Legal Anthropology movens d = right to justice, the process must be transparent legitimacy d;
Song:
TOSH, Peter: Equal Rights and Justice: peace cryin cryin out 4, out 4 justice, equal rights and justice ;
Bemerkung AS @ http://anthropologicdiary.blogspot.com/2005/12/zur-bemerkung-lesen-dusie-bitte-diesen.html#links
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