Anthropology of Law (6 ECTS)
- Prof. Dr M.L.M. Hertogh
- Block 1
Knowledge and understanding
Knowledge of and understanding of key-concepts and ideas of anthropology of law; as well as understanding the problems that occur in the development of law, with special attention to:
- law in society;
- legal culture;
- legal pluralism;
- non-state law.
Skills and attitude
The ability to apply key-concepts and ideas from anthropology of law; as well as the ability to assess the legal, social, and legal theoretical aspects of an issue in terms of their mutual relationships and to consider these critically.
This course offers a first introduction to several key concepts and ideas of anthropology of law. Anthropology of law has much to contribute to the social scientific study of processes of creating and maintaining rules as well as the ways of dealing with conflicts. Empirical research both in small-scale and complex societies has produced a rich variety of data on socio-legal phenomena of order and conflict in different social and cultural contexts, of all times and places. These data allow for detailed comparative analysis of a variety of issues concerning law and social behaviour. In addition to the importance of anthropology of law for socio-legal theory, the insights and methods from anthropology of law have great practical relevance for understanding problems in socio-legal reality both in the so-called developing countries and in western society. Some of the subjects that will be dealt with in this course are legal culture, legal pluralism, and the interaction between state law and living law in contemporary society.
Students are expected to study the required texts for each lecture in advance. The course will be concluded with an essay.
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