NCJ Number
65417
Date Published
1978
Length
277 pages
Annotation
FOCUSING ON LAW AS A CHANGING PROCESS AN ANTHROPOLOGIST DISCUSSES LAW AND SOCIAL CHANGE, AN EVOLUTIONARY INTERPRETATION OF LEGAL LIABILITY, AND ANTHROPOLOGICAL STUDIES IN SOME PRIMITIVE CULTURES.
Abstract
ALTHOUGH IT IS COMMONLY BELIEVED THAT LAW CONSTITUTES AN INTENTIONALLY CONSTRUCTED FRAMEWORK FOR SOCIAL ORDER, LAW ONLY REGULATES PEOPLE IN PART AND IS IN TURN REGULATED BY THE GREATER SOCIAL ORDER. IN VIEW OF THIS, CONFLICTS WITHIN A SOCIETY BETWEEN IDEOLOGY AND SOCIAL REALITY ARE DISCUSSED, AND CONTRADICTIONS WITHIN THE REGULATED SOCIAL ORDER EXPLAINED AS INTERRELATIONSHIPS BETWEEN REGULARIZATION, SITUATIONAL ADJUSTMENT, AND INDETERMINACY. THE CONNECTION BETWEEN LAW AND SOCIAL LIFE AND SELF-REGULATION OF CITIZENS AND THEIR RESPONSE TO ENCROACHES ON THEIR AUTONOMY. LAWS AND CUSTOMS ARE DISTINGUISHED. LEGAL DEVELOPMENT MUST BE UNDERSTOOD AS EVOLVING WITHIN THE GREATER SOCIETY. MUCH ABOUT LAW CAN BE UNDERSTOOD BY HOW A SOCIETY SETTLES ITS DISPUTES. STRICT LIABILITY, CIVIL LAW, AND COLLECTIVE RESPONSIBILITY ARE FEATURES OF PRIMITIVE SOCIETIES, WHILE MORAL FAULTS AS THE BASIS OF LIABILITY, CRIMINAL LAW, AND INDIVIDUAL LEGAL RESPONSIBILITY BELONG TO COMPLEX SOCIETIES, MANY OF THEM INDUSTRIAL. FINAL TOPICS AND STUDIES INCLUDE FAMILIAL DESCENT IN PRIMITIVE SOCIETIES AS DETERMINANTS OF LEGAL POSITION AND POLITICS, PROCEDURES, AND NORMS IN CHANGING THE LAW OF A PRIMITIVE SOCIETY (THE CHAGGA TRIBE OF MOUNT KILIMANJARO IN TANZANIA). A BIBLIOGRAPHY, INDEX, AND FOOTNOTES ARE INCLUDED. (PAP)