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This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the ‘customary’ is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country’s past as an authentic, viable legacy, from the British colonial period of indirect rule to the postcolonial state’s present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision making.
Placing the Manchester School at the vanguard of modern social anthropology, this book reveals the cosmopolitan distinctiveness of the intimate circle around Max Gluckman. Such distinctiveness was driven by creative difference, travelling theories and innovative, interdisciplinary approaches. The expansion of social anthropology as a dynamic, open discipline became the hallmark of the Manchester School. The remarkable careers and legacies of the Manchester School anthropologists are shown for the first time through inter-linked social biography and intellectual history, to reach broadly across politics, law, ritual, development studies, comparative urbanism, social network analysis and mathematical sociology. Werbner reveals that members of the circle engaged in deep dialogue, enduring friendships, and creative collaboration. -- .
Placing the Manchester School at the vanguard of modern social anthropology, this book reveals the cosmopolitan distinctiveness of the intimate circle around Max Gluckman. Such distinctiveness, Richard Werbner argues, was driven by creative difference, travelling theories and innovative, interdisciplinary approaches. The expansion of social anthropology as a dynamic, open discipline became the hallmark of the Manchester School. The remarkable careers and legacies of the Manchester School anthropologists are shown for the first time through inter-linked social biography and intellectual history, to reach broadly across politics, law, ritual, development studies, comparative urbanism, social network analysis and mathematical sociology. Werbner reveals that members of the circle engaged in deep dialogue, enduring friendships, and creative collaboration. The re-discovery of the complexity of their engagement and their lasting impact illuminates the exploration of the frontiers between ethnography, the sociology of knowledge, and the anthropology of colonial to postcolonial change. -- .
This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the 'customary' is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country's past as an authentic, viable legacy, from the British colonial period of indirect rule to the postcolonial state's present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision making.
Richard Werbner takes readers on a journey though contemporary charismatic wisdom divination in southern Africa. Beginning with the silent language of the divinatory lots, Werbner deciphers the everyday, metaphorical, and poetic language that is used to reveal their meaning. Through Werbner's skillful interpretations of the language of divination, a picture of Tswapong moral imagination is revealed. Concerns about dignity and personal illumination, witchcraft, pollution, the anger of dead ancestors, as well as the nature of life, truth, cosmic harmony, being, and becoming emerge in this charged African setting.
This book examines the charismatic Christian reformation presently underway in Botswana's time of AIDS and the moral crisis that divides the church between the elders and the young, apostolic faith healers. Richard Werbner focuses on Eloyi, an Apostolic faith-healing church in Botswana's capital. Werbner shows how charismatic 'prophets' - holy hustlers - diagnose, hustle, and shock patients during violent and destructive exorcisms. He also shows how these healers enter into prayer and meditation and take on their patients' pain and how their ecstatic devotions create an aesthetic in which beauty beckons God. Werbner challenges theoretical assumptions about mimesis and empathy, the power of the word, and personhood. With its accompanying DVD, "Holy Hustlers, Schism, and Prophecy" integrates textual and filmed ethnography and provides a fresh perspective on ritual performance and the cinematic.
Richard Werbner takes readers on a journey though contemporary charismatic wisdom divination in southern Africa. Beginning with the silent language of the divinatory lots, Werbner deciphers the everyday, metaphorical, and poetic language that is used to reveal their meaning. Through Werbner's skillful interpretations of the language of divination, a picture of Tswapong moral imagination is revealed. Concerns about dignity and personal illumination, witchcraft, pollution, the anger of dead ancestors, as well as the nature of life, truth, cosmic harmony, being, and becoming emerge in this charged African setting.
These essays on postcolonial subjectivities cross the frontiers of critical theory by illuminating the contradictory predicaments Africans confront in strikingly different parts of the continent at the start of the 21st century. The focus is on the making of subjectivities as a process which is political, a matter of subjugation to state authority; moral, reflected in the conscience and agency of subjects who bear rights, duties and obligations; and realised existentially, in the subjects' consciousness of their personal or intimate relations. The notion of agency is interrogated, without lapsing into the new Afro-pessimism. The essays recognise postcolonies troubled by state decline and increasing exploitation, dispossession and marginalisation, but avoid Afro-pessimism's reduction of subjects to mere victims. Even more against the grain of conventional postcolonial studies is the radical questioning of the force of 'modern subjectivism' in struggles for control of identity, autonomy and explicit consciousness, and through artistic self-fashioning in globally driven consumption. With substantial cases based on autobiography, personal experience and long-term scholarly fieldwork in countries as diverse as Madagascar, Kenya, Uganda, Sudan, Botswana and Cameroon, the book opens out a fresh field for comparative research and theory on postcolonial transformations in intersubjectivity. This is to take seriously the people's perception, so widespread in postcolonial Africa, that to live life to the full is to live it in interdependence, in conviviality, if possible; that care and respect for others - indeed, civility - is a precious, and indeed, precarious condition of survival and as such is the object of recognised strategies for its conscious defence; and that because significant others are opaque - never being totally knowable - uncertainty, ambivalence and contingency are inescapable conditions of human existence.
The critique of power in contemporary Africa calls for a new approach to the making of political subjectivities. Through theoretically informed anthropology, this book meets the urgent need to rethink our understanding of the moral and political force of memory, its official and unofficial forms, its moves between the personal and the social in postcolonial transformations. Memory and the Postcolony brings these transformations into perspective. It is divided into three sections in which distinguished anthropologists explore death and subjectivity; the memory work of elections and public commissions; and fundamentalism and the future. Presenting a sustained comparative analysis of memory as a politicized reality, the book will be essential reading for all scholars of postcolonial societies, as well as all those with an interest in contemporary Africa.
In this book, distinguished anthropologists, political scientists and social historians from Africa, Europe and America make a radical break with much conventional wisdom in postcolonial discourse to explore contemporary African identities in transition. They look at the colonial legacy and how colonial identities are being reconstructed in the face of deepening social inequality across the continent. They ask how the postcolonial imagination as a highly specific, locally created and historical force reconfigures personal knowledge and how that reconfiguration shapes the moral and religious realities around the uses and abuses of postcolonial power. Using case-studies, the book explores why postcolonial studies has to enunciate and interpret the distinctive languages of identity politics in all the cultural richness of their specific metaphors. It asks whether the very idea of the postcolonial conceals the continued dependence of African countries? Is the postcolonial thus merely a neo-colonial mystification, a Eurocentric product of Western scholarship in collusion with Western imperialism?
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