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Bronislaw Malinowski's Concept of Law (Hardcover, 1st ed. 2016)
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Bronislaw Malinowski's Concept of Law (Hardcover, 1st ed. 2016)
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This book discusses the legal thought of Bronislaw Malinowski
(1884-1942), undoubtedly one of the titans of social sciences who
greatly influenced not only the shape of modern cultural
anthropology but also the social sciences as a whole. This is the
first comprehensive work to focus on his legal conceptions: while
much has been written about his views on language, magic, religion,
and culture, his views on law have not been fairly reconstructed or
recapitulated. A glance at the existing literature illustrates how
little has been written about Malinowski's understanding of law,
especially in the legal sciences. This becomes even more evident
given the fact that Malinowski devoted much of his scholarly work
to studying law, especially in the last period of his life, during
which he conducted broad research on law and "primitive
jurisprudence". The main aim of this book is to address this gap
and to present in detail Malinowski's thoughts on law. The book is
divided into two parts. Part I focuses largely on the impact that
works of two distinguished professors from his alma mater (L.
Dargun and S. Estreicher) had on Malinowski's legal thoughts, while
Part II reconstructs Malinowski's inclusive, broad and
multidimensional understanding of law and provides new readings of
his legal conceptions mainly from the perspective of reciprocity.
The book offers a fresh look at his views on law, paving the way
for further studies on legal issues inspired by his methodological
and theoretical achievements. Malinowski's understanding of law
provides a wealth of fodder from which to formulate interesting
research questions and a solid foundation for developing theories
that more accurately describe and explain how law functions, based
on new findings in the social and natural sciences.
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