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Legal primitivism was a complex phenomenon that combined the study
of early European legal traditions with studies of the legal
customs of indigenous peoples. Lawyers and Savages: Ancient History
and Legal Realism in the Making of Legal Anthropology explores the
rise and fall of legal primitivism, and its connection to the
colonial encounter. Through examples such as blood feuds,
communalism, ordeals, ritual formalism and polygamy, this book
traces the intellectual revolution of legal anthropology and
demonstrates how this scholarship had a clear impact in
legitimating the colonial experience. Detailing how legal realism
drew on anthropology in order to help counter the hypothetical
constructs of legal formalism, this book also shows how, despite
their explicit rejection, the central themes of primitive law
continue to influence current ideas - about indigenous legal
systems, but also of the place and role of law in development.
Written in an engaging style and rich in examples from history and
literature, this book will be invaluable to those with interests in
legal realism, legal history or legal anthropology.
Legal primitivism was a complex phenomenon that combined the study
of early European legal traditions with studies of the legal
customs of indigenous peoples. Lawyers and Savages: Ancient History
and Legal Realism in the Making of Legal Anthropology explores the
rise and fall of legal primitivism, and its connection to the
colonial encounter. Through examples such as blood feuds,
communalism, ordeals, ritual formalism and polygamy, this book
traces the intellectual revolution of legal anthropology and
demonstrates how this scholarship had a clear impact in
legitimating the colonial experience. Detailing how legal realism
drew on anthropology in order to help counter the hypothetical
constructs of legal formalism, this book also shows how, despite
their explicit rejection, the central themes of primitive law
continue to influence current ideas - about indigenous legal
systems, but also of the place and role of law in development.
Written in an engaging style and rich in examples from history and
literature, this book will be invaluable to those with interests in
legal realism, legal history or legal anthropology.
This book is available as open access through the Bloomsbury Open
Access programme and is available on bloomsburycollections.com. It
is funded by the European Research Council. Roman law is widely
considered to be the foundation of European legal culture and an
inherent source of unity within European law. Roman Law and the
Idea of Europe explores the emergence of this idea of Roman law as
an idealized shared heritage, tracing its origins among exiled
German scholars in Britain during the Nazi regime. The book follows
the spread and influence of these ideas in Europe after the war as
part of the larger enthusiasm for European unity. It argues that
the rise of the importance of Roman law was a reaction against the
crisis of jurisprudence in the face of Nazi ideas of racial and
ultranationalistic law, leading to the establishment of the idea of
Europe founded on shared legal principles. With contributions from
leading academics in the field as well as established younger
scholars, this volume will be of immense interests to anyone
studying intellectual history, legal history, political history and
Roman law in the context of Europe.
The Oxford Handbook of Roman Law and Society surveys the landscape
of contemporary research and charts principal directions of future
inquiry. More than a history of doctrine or an account of
jurisprudence, the Handbook brings to bear upon Roman legal study
the full range of intellectual resources of contemporary legal
history, from comparison to popular constitutionalism, from
international private law to law and society, thereby setting
itself apart from other volumes as a unique contribution to
scholarship on its subject. The Handbook brings the study of Roman
law into closer alignment and dialogue with historical,
sociological, and anthropological research into law in other
periods. It will therefore be of value not only to ancient
historians and legal historians already focused on the ancient
world, but to historians of all periods interested in law and its
complex and multifaceted relationship to society.
The Oxford Handbook of Roman Law and Society surveys the landscape
of contemporary research and charts principal directions of future
inquiry. More than a history of doctrine or an account of
jurisprudence, the Handbook brings to bear upon Roman legal study
the full range of intellectual resources of contemporary legal
history, from comparison to popular constitutionalism, from
international private law to law and society, thereby setting
itself apart from other volumes as a unique contribution to
scholarship on its subject. The Handbook brings the study of Roman
law into closer alignment and dialogue with historical,
sociological, and anthropological research into law in other
periods. It will therefore be of value not only to ancient
historians and legal historians already focused on the ancient
world, but to historians of all periods interested in law and its
complex and multifaceted relationship to society.
This book is available as open access through the Bloomsbury Open
Access programme and is available on bloomsburycollections.com. It
is funded by the European Research Council. Roman law is widely
considered to be the foundation of European legal culture and an
inherent source of unity within European law. Roman Law and the
Idea of Europe explores the emergence of this idea of Roman law as
an idealized shared heritage, tracing its origins among exiled
German scholars in Britain during the Nazi regime. The book follows
the spread and influence of these ideas in Europe after the war as
part of the larger enthusiasm for European unity. It argues that
the rise of the importance of Roman law was a reaction against the
crisis of jurisprudence in the face of Nazi ideas of racial and
ultranationalistic law, leading to the establishment of the idea of
Europe founded on shared legal principles. With contributions from
leading academics in the field as well as established younger
scholars, this volume will be of immense interests to anyone
studying intellectual history, legal history, political history and
Roman law in the context of Europe.
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