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Folk Law - Essays in the Theory and Practice of Lex Non Scripta (Hardcover)
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Folk Law - Essays in the Theory and Practice of Lex Non Scripta (Hardcover)
Series: Essays in the theory & practice of ""Lex Non Scripta
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In every culture there exists unwritten law-obligations and
prohibitions that are understood and passed on, and transgressions
that are punished. Folk Law, a comprehensive two-volume collection
of essays, examines this meeting place of folklore and
jurisprudence. The contributors explore the historical significance
and implications of folk law, its continuing influence around the
globe, and the conflicts that arise when folk law diverges from
official law. The collection begins by defining various forms of
"folk law," drawing on examples from many cultures. The second
section provides historical profiles of pioneering figures in the
study of folk law. Following sections examine field research
techniques used to identify folk laws; aspects of folk law within
the realm of rituals, songs, and other forms of expressive culture;
instances where folk law comes into conflict with national law, and
the role of folk law in the international arena. The volumes also
include description and analysis of two approaches to folk law-the
rule approach, in which scholars dissect the codes that underlie
folk law, and the case approach, in which researchers examine
specific cases involving folk law. Valuable for students and
scholars of law, folklore, or anthropology, this extensive casebook
marks a rare interdisciplinary approach to two important areas of
research.
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