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Legalism - Rules and Categories (Hardcover)
Loot Price: R5,039
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Legalism - Rules and Categories (Hardcover)
Series: Legalism
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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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