The Power of Law in a Transnational World: Anthropological Enquiries

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Keebet von Benda-Beckmann, Franz von Benda-Beckmann, Anne Griffiths
Berghahn Books, May 30, 2009 - Social Science - 280 pages
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How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.

 

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Contents

Introduction
1
Chapter 1The Military Order of 13 November 2001
30
Chapter 2Law and the Frontiers of Illegalities
54
Chapter 3Selective Scrutiny
74
Chapter 4The Globalization of Fatwas amidst The Terror Wars Against Pluralism
96
Chapter 5Human Rights Cultral Relativism and Legal Pluralism
115
Chapter 6Learning Communities and Legal Spaces
135
Chapter 7Project LawA Power Instrument of Development Agencies
156
Chapter 8HalfTold Truths and Partial Silence
176
Chapter 9Keeping the Stream of Justice Clear and Pure
200
Chapter 10Balancing Islam Adat and the State
216
Chapter 11Kings Monks Bureaucrats and the Police
236
Notes on Contributors
254
Index
259
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About the author (2009)

Keebet von Benda-Beckmann is head of the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology in Halle, Germany. She also is an honorary professor in Leipzig and Halle. Her research in Indonesia and the Netherlands focuses on legal pluralism, social security, governance and on the role of religion in disputing processes.

Franz von Benda-Beckmann is head of the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology in Halle, Germany. He also is an honorary professor in Leipzig and Halle. His research in Malawi and Indonesia focuses on property and inheritance, social security, governance and legal anthropological theory.

Anne Griffiths has a personal chair in Anthropology of Law at the University of Edinburgh in the School of Law. Her major research interests include anthropology of law, comparative and family law, African law, gender, culture and rights. She has been awarded research grants from the ESRC (Economic and Social Research Council), the Wenner-Gren Foundation for Anthropological Research (USA), the Annenberg Foundation (USA), the British Academy, the Leverhulme Trust, the Commonwealth Foundation, the Carnegie Trust and the American Bar Foundation.

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