Legalism: Rules and Categories

Author:   Paul Dresch (Emertius Research Fellow, Emertius Research Fellow, St John's College, Oxford) ,  Judith Scheele (Post-Doctoral Research Fellow, Post-Doctoral Research Fellow, All Souls College, Oxford)
Publisher:   Oxford University Press
ISBN:  

9780198753810


Pages:   320
Publication Date:   12 November 2015
Format:   Hardback
Availability:   To order   Availability explained
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Legalism: Rules and Categories


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Overview

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.

Full Product Details

Author:   Paul Dresch (Emertius Research Fellow, Emertius Research Fellow, St John's College, Oxford) ,  Judith Scheele (Post-Doctoral Research Fellow, Post-Doctoral Research Fellow, All Souls College, Oxford)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.60cm , Height: 2.40cm , Length: 30.30cm
Weight:   0.001kg
ISBN:  

9780198753810


ISBN 10:   0198753810
Pages:   320
Publication Date:   12 November 2015
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Paul Dresch and Judith Scheele: Introduction: Rules and Categories: An Overview 1: Don Davis: Rules, Culture, and Imagination in Sanskrit Jurisprudence 2: Paul Dresch: Written Law as Words to Live By 3: Caroline Humfress: Telling Stories About (Roman) Law: Rules and Concepts in Legal Discourse 4: Fernanda Pirie: Rules, Proverbs, and Persuasion: Legalism and Rhetoric in Tibet 5: Alice Rio: 'Half-Free' Categories in the Early Middle Ages: Fine Status-Distinctions Before Professional Lawyers 6: Judith Scheele: In Praise of Disorder: Breaking the Rules in Northern Chad 7: Simon Franklin: A Polyphony of Legal Forms: The Case of Early Rus 8: Elizabeth Ewart: Categories and Consequences in Amazonia 9: Morgan Clarke: Legalism and the Care of the Self: Shari'ah Discourse in Contemporary Lebanon

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Author Information

Paul Dresch is an emeritus Fellow of St John's College, Oxford. His publications include Tribes, Government, and History in Yemen (1989), A History of Modern Yemen (2000), and The Rules of Barat (2006). He has co-edited volumes (with Pierre Bonte and Edouard Conte) on Islamic politics and kinship and (with James Piscatori) on the Arab Gulf. With Hannah Skoda he co-edited Legalism: Anthropology and History (2012). Judith Scheele is a Social Anthropologist and a Post-Doctoral Research fFellow at All Souls College, Oxford. Her publications include Village Matters: Knowledge, Politics and Community in Kabylia (2009) and Smugglers and Saints of the Sahara: Regional Connectivity in the Twentieth Century (2012). She has co-edited (with James McDougall) Saharan Frontiers: Space and Mobility in Northwest Africa (Indiana UP) and (with Fernanda Pirie) Legalism: Community and Justice (OUP, 2014).

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