The Anthropological Study of Law1

摘要: IT IS my belief that we are just now on the growing edge of an anthropological understanding law in its various manifestations. Despite fact many our pioneering ancestors were lawyers by training (Morgan, Maine, Bachofen, McLennen, and more lately Redfield), interest anthropology has, until recently, had a gradual growth. Between classic monographs nineteenth century (Maine 1861, 1871; Fustel de Coulanges 1864) next milestones study (Barton 1919; Gutmann 1926; Malinowski Hogbin 1934; Schapera 1938) several decades elapsed during which majority works preliterate societies written colonial administrators, missionaries, like rather than anthropologists (see Nader, Koch, Cox 1964). Studies primitive developed from collections normative rules ('laws') to observations actual application such rules; 1940's, Richardson (1940), Hoebel Llewellyn (1941) (whose work provides only examples substantial results joint research professor anthropologist date) began publish 'trouble case.' Since 1954 series have been published (Howell 1954, Smith Roberts Gluckman 1955a, Bohannan 1957, Pospisil 1958a, Berndt 1962, Gulliver 1963. It was this intellectual productivity led say: "The literature legal is small almost all good-neither claim can be made for very other branches subject" (1964:199). For most part, studies mentioned above utilized case method essentially descriptive. Furthermore, it must confessed has not date affected, any grand way at least, theory methodology discipline, kinship language have, example. Witness connection scant mention volumes Anthropology Today, Current Anthropology, biennial reviews Anthropology. Although why should so subject matter essay, Riesman's analysis (1954) relevant those interested broader picture developments anthropology. What follows is, first, thumbnail sketch main themes questions about concerned anthropologists;2 second, description two related fields-the sociology conflict studies; finally, discussion present trends new directions law.