The question why certain kinds of legal institutions are found in
certain kinds of societies has been little explored by
anthropologists. In this book Katherine Newman examines a sample of
some sixty different preindustrial societies, distributed across
the world, in an attempt to explain why their legal systems vary.
The key to understanding this variation, Professor Newman argues,
is to be found in economic organization. Adopting a Marxian, or
materialist, approach, she draws on original ethnographic sources
for each culture in order to investigate how legal processes and
institutions regulate basic aspects of economic life in societies
with differing types of economic organization. She also examines
the commonalities of law within various preindustrial ???modes of
production??? and shows that the patterning of legal institutions
arises from underlying tensions in production systems. In offering
an explanation of the distribution of legal institutions across
preindustrial societies, as well as for the sources of conflict in
such societies, the book makes an important contribution to the
comparative study of legal systems. It will interest
anthropologists and other readers concerned with the operation and
development of legal institutions.
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