Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- Introduction Locating rights, envisioning law between the global and the local
- PART ONE STATES OF VIOLENCE
- PART TWO REGISTERS OF POWER
- PART THREE CONDITIONS OF VULNERABILITY
- PART FOUR ENCOUNTERING AMBIVALENCE
- Conclusion Tyrannosaurus lex: the anthropology of human rights and transnational law
- Index
- References
Conclusion Tyrannosaurus lex: the anthropology of human rights and transnational law
Published online by Cambridge University Press: 29 March 2011
Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- Introduction Locating rights, envisioning law between the global and the local
- PART ONE STATES OF VIOLENCE
- PART TWO REGISTERS OF POWER
- PART THREE CONDITIONS OF VULNERABILITY
- PART FOUR ENCOUNTERING AMBIVALENCE
- Conclusion Tyrannosaurus lex: the anthropology of human rights and transnational law
- Index
- References
Summary
INTRODUCTION
This chapter seeks to complement the emphasis in this volume on the discursive and social aspects of human rights by focusing on their legal character, and how this shapes the responses of local actors who generate innovative discursive and political strategies within a rights paradigm. Law is not the only viable setting for an ethnography of human rights, nevertheless anthropologists need to have better analytical tools for understanding the institutional environment in which rights are generated and enforced. Law is the focal point of studies of human rights in international relations, political science and international law, and anthropologists cannot afford to neglect the legal aspects of human rights, if their insights are going to have a salience beyond the discipline.
The question then becomes, what conceptual ideas can the field of legal anthropology offer to the study of human rights in transnational and domestic law? While the origins of legal anthropology can be traced back to Maine, Morgan, and Marx, the history of the anthropology of human rights in transnational legal processes is relatively recent. Less than twenty years old, the anthropology of transnational law came into its own in the 1990s during an epoch of the rapid globalization of law and the rise of a more robust international human rights legal framework. Anthropologists responded to this resurgence of global humanitarianism by studying a number of its manifestations, from refugee camps to HIV/AIDS clinics to local courts.
- Type
- Chapter
- Information
- The Practice of Human RightsTracking Law between the Global and the Local, pp. 342 - 369Publisher: Cambridge University PressPrint publication year: 2007
References
. 1995. Politics by Other Means: Law in the Struggle against Apartheid, 1980–1994. London: Routledge.Google Scholar
Anders, Gerhard. 2005. “The New Global Legal Order as Local Phenomenon: The Special Court for Sierra Leone.” Paper presented at conference on “Developing Anthropology of Law in a Transnational World” held at Edinburgh University, June 9–11, 2005.
. 1997. Settling Accounts: Violence, Justice, and Accountability in Postsocialist Europe. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Buur, Lars. 2001. “The South African Truth and Reconciliation Commission: a Technique of Nation-state Formation.” In , and , eds., States of Imagination:Ethnographic Explorations of the Postcolonial State. Durham and London: Duke University Press.CrossRefGoogle Scholar
. 1985. Law, Custom and Social Order: The Colonial Experience in Malawi and Zambia. Cambridge: Cambridge University Press.Google Scholar
Chanock, Martin. 1991. “Paradigms, Policies and Property: a Review of the customary law of land tenure.” In , and , eds. Law in Colonial Africa. London: James Currey.Google Scholar
Clarke, Kamari. 2008. Transformations in Sovereignty: the Cultural Politics of Transnational Justice (forthcoming).
, and . 2004. “Silencing Hearings? Victim-Witnesses at War Crimes Trials.” European Journal of International Law 15: 151–177.CrossRefGoogle Scholar
1975 [1936]. Fundamental Principles of the Sociology of Law. Trans. W. L. Moll. New York: Arno Press.Google Scholar
. 1983. “Fact and Law in Comparative Perspective.” In Local Knowledge: Further Essays in Interpretative Anthropology. New York: Basic Books.Google Scholar
Latour, Bruno. 2004. “Scientific Objects and Legal Objectivity.” In , and , eds. Law, Anthropology and the Constitution of the Social: Making Persons and Things. Cambridge: Cambridge University Press, pp. 73–114.CrossRefGoogle Scholar
2001. When Victims Become Killers: Colonialism, Nativism and Genocide in Rwanda. Princeton: Princeton University Press.Google Scholar
. 1992. “Anthropology, Law and Transnational Processes” Annual Review of Anthropology 21: 357–379.CrossRefGoogle Scholar
Merry, Sally Engle. 1997. “Legal Pluralism and Transnational Culture”. In . Human Rights, Culture and Context: Anthropological Perspectives. London: Pluto Press.Google Scholar
. 2003. “Rights Talk and the Experience of the Law: Implementing Women's Human Rights to Protection from Violence.” Human Rights Quarterly 25(2): 343–381.CrossRefGoogle Scholar
. 2006. “Transnational Human Rights and Local Activism: Mapping the Middle,” American Anthropologist 108(1): 38–51.CrossRefGoogle Scholar
. 1986. Social Facts and Fabrications: “Customary” Law on Kilimanjaro, 1880–1980. Cambridge: Cambridge University Press.Google Scholar
Moore, Sally Falk. 1991. “From Giving and Lending to Selling: Property Transactions Reflecting Historical Changes on Kilimanjaro.” In , and , eds. Law in Colonial Africa. London: James Currey.Google Scholar
. 2001. “Certainties Undone: Fifty Turbulent Years of Legal Anthropology, 1949–1999.” Journal of the Royal Anthropological Institute, 7(1): 95–116.CrossRefGoogle Scholar
. 2006. “Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage.” American Anthropologist 108(1): 52–65.CrossRefGoogle Scholar
Ross, Fiona C. 2001 “Speech and Silence: Women's Testimony in the First Five Weeks of Public Hearings of the South African Truth and Reconciliation Commission.” In , , , , and , eds, Remaking a World: Violence, Suffering and Recovery. Berkeley: University of California Press.CrossRefGoogle Scholar
2002. Bearing Witness: Women and the Truth and Reconciliation Commission in South Africa. London: Pluto Press.Google Scholar
. 1987. “Law: a Map of Misreading; Toward a Postmodern Conception of Law.' Journal of Law and Society 14: 279–302.CrossRefGoogle Scholar
. 1995. Toward a New Common Sense: Law, Science and Politics in the Paradigmatic Transition. New York: Routledge.Google Scholar
Speed, Shannon, and Xochitl Leyva. 2008. “Human Rights in Chiapas: Global Discourses, Moral Grammars and Local Meanings.” In , , and , eds. Human Rights in the Maya Region: Global Politics, Cultural Contentions, and Moral Engagements. Durham, NC: Duke University Press (forthcoming).CrossRefGoogle Scholar
, and , eds., 2002. Practicing Ethnography in Law: New Dialogues, Enduring Methods. New York: Palgrave St. Martin's Press.CrossRefGoogle Scholar
Stoll, David. 1997. “To Whom Should We Listen? Human Rights Activism in Two Guatemalan Land Disputes.' In , ed. Human Rights, Culture and Context: Anthropological Perspectives. London: Pluto Press.Google Scholar
Stoll, David. 2008. “Human Rights, Land Conflict, and Memories of the Violence in Ixil Country of Northern Quiché.” In , , and , eds., Human Rights in the Maya Region: Global Politics, Cultural Contentions, and Moral Engagements. Durham, NC: Duke University Press (forthcoming).CrossRefGoogle Scholar
. 1993. “The Folly of the ‘Social Scientific’ Concept of Legal Pluralism.” Journal of Law and Society, 20(2), pp. 192–217.CrossRefGoogle Scholar
. 2000. “A Non-Essentialist Version of Legal Pluralism.” Journal of Law and Society, 27, pp. 296–321.CrossRefGoogle Scholar
Tesón, Fernando. 2005. “Liberal Security.” In , ed. Human Rights in the “War on Terror”. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
. 1997. Human Rights, Culture and Context: Anthropological Perspectives. London: Pluto Press.Google Scholar
. 2001. The Politics of Truth and Reconciliation in South Africa: Legimitizing the Post-apartheid State. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
. 2005. “Judging History: the Historical Record of the International Criminal Tribunal for the Former Yugoslavia” Human Rights Quarterly, 27(3), pp. 908–942.CrossRefGoogle Scholar
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