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Law, Culture, and Ritual - Disputing Systems in Cross-Cultural Context (Hardcover)
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Law, Culture, and Ritual - Disputing Systems in Cross-Cultural Context (Hardcover)
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View the Table of Contents .nbsp; nbsp; nbsp; Read the Introduction
. "Oscar G. Chase studies the American legal system in the manner
of an anthropologist. By comparing American 'dispute ways' with
those of other systems, including some commonly believed to be more
'primitive, ' he finds interesting similarities that challenge the
premise that we live in a society regulated by a rational and just
'rule of law.'" — New York Law Journal "A witty and engaging
endeavor. . . . A good contribution to our professional knowledge,
and it is a must reading." — Law and Politics Book Review "After
readingLaw, Culture, and Ritual, no one could ever again think that
our legal proceedings are nothing more than an efficient method of
discovering truth and applying law. Oscar Chase effectively uses a
comparative approach to help us to step back from our legal
practices and see just how steeped in myths, rituals and traditions
they are. Scholars will want to read this book for its contribution
to comparative law, but everyone interested in American culture
should read this book. Chase shows us that there is no separating
law from culture: each informs and maintains the other.Law,
Culture, and Ritualis a major step forward in the rapidly expanding
field of the cultural study of law." — Paul Kahn, author ofThe
Cultural Study of Law: Reconstructing Legal Scholarship "Having
allowed ourselves to be convinced (wrongly) that we are the most
litigious people in the world, Americans have become obsessed with
finding (quick) cures. Oscar Chase's book sounds a salutary
warning. By presenting striking comparative examples that shatter
our parochialism, he forces us to examine the cultural roots of
disputeprocesses." — Richard Abel, Connell Professor of Law, UCLA
Law School Disputing systems are products of the societies in which
they operate - they originate and mutate in response to disputes
that are particular to specific social, cultural, and political
contexts. Disputing procedures, therefore, are an important medium
through which fundamental beliefs, values, and symbols of culture
are communicated, preserved, and sometimes altered. InLaw, Culture,
and Ritual, Oscar G. Chase uses interdisciplinary scholarship to
examine the cultural contexts of legal institutions, and presents
several case studies to demonstrate that the processes used for
resolving disputes have a cultural origin and impact. Ranging from
the dispute resolution practices of the Azande, a technologically
simple, small-scale African society, to the rise of discretionary
authority in civil litigation in America, Chase challenges the
claims of some scholars that official dispute systems are more
reflective of the interests and preferences of elite professionals
than of the cultures in which they are embedded.
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