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  • Legalism: Rules and Categories

    Legalism by Dresch, Paul; Scheele, Judith;

    Rules and Categories

    Series: Legalism;

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      • Publisher's listprice GBP 140.00
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    63 210 Ft

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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 12 November 2015

    • ISBN 9780198753810
    • Binding Hardback
    • No. of pages320 pages
    • Size 303x176x23 mm
    • Weight 654 g
    • Language English
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    Categories

    Short description:

    Drawing on a wide range of historical and ethnographic examples, this volume elucidates the relationship between legal thinking and explicit rules and categories from a rigorously cross-cultural and comparative perspective.

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    Long description:

    Mainstream historians in recent decades have often treated formal categories and rules as something to be 'used' by individuals, as one might use a stick or stone, and the gains of an earlier legal history are often needlessly set aside. Anthropologists, meanwhile, have treated rules as analytic errors and categories as an imposition by outside powers or by analysts, leaving a very thin notion of 'practice' as the stuff of social life. Philosophy of an older vintage, as well as the work of scholars such as Charles Taylor, provides fresh approaches when applied imaginatively to cases beyond the traditional ground of modern Europe and North America. Not only are different kinds of rules and categories open to examination, but the very notion of a rule can be explored more deeply.

    This volume approaches rules and categories as constitutive of action and hence of social life, but also as providing means of criticism and imagination. A general theoretical framework is derived from analytical philosophy, from Wittgenstein to his critics and beyond, and from recent legal thinkers such as Schauer and Waldron. Case-studies are presented from a broad range of periods and regions, from Amazonia via northern Chad, Tibet, and medieval Russia to the scholarly worlds of Roman law, Islam, and Classical India. As the third volume in the Legalism series, this collection draws on common themes that run throughout the first two volumes: Legalism: Anthropology and History and Legalism: Community and Justice, consolidating them in a framework that suggests a new approach to rule-bound systems.

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    Table of Contents:

    Introduction: Rules and Categories: An Overview
    Rules, Culture, and Imagination in Sanskrit Jurisprudence
    Written Law as Words to Live By
    Telling Stories About (Roman) Law: Rules and Concepts in Legal Discourse
    Rules, Proverbs, and Persuasion: Legalism and Rhetoric in Tibet
    'Half-Free' Categories in the Early Middle Ages: Fine Status-Distinctions Before Professional Lawyers
    In Praise of Disorder: Breaking the Rules in Northern Chad
    A Polyphony of Legal Forms: The Case of Early Rus
    Categories and Consequences in Amazonia
    Legalism and the Care of the Self: Shari'ah Discourse in Contemporary Lebanon

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