Disputing systems are products of the societies in which they operate - they originate Law, Culture, and Ritual: Disputing Systems in Cross-Cultural Context.
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- LAW, CULTURE, AND RITUAL: DISPUTING SYSTEMS IN CROSS-CULTURAL CONTEXT
- Law, Culture, and Ritual
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- Disputing Systems in Cross-Cultural Context
Chase shows us that there is no separating law from culture: Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law. Chase studies the American legal system in the manner of an anthropologist.
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LAW, CULTURE, AND RITUAL: DISPUTING SYSTEMS IN CROSS-CULTURAL CONTEXT
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Law, Culture, and Ritual
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Write a customer review. There was a problem filtering reviews right now. Please try again later. I recommend this book for those in Legal Anthropology. It's easy to read and understand the concepts.
The book aims to provide a cultural analysis of disputing processes because power itself is not merely a structural issue: Although the book does not invite a new concrete definition of culture, it asserts that dispute process elite are themselves products of culture and are likely to produce and reproduce procedures that resonate effectively with the dominant culture. Referring somewhat questionably to Pierre Bourdieu, Chase postulates that law is immersed in the ability of elite to monopolize language and practices. Yet, he argues, culture is the setting through which law has its life and meanings.
But what is culture above a set of norms and practices?
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How and why does a society decide on a specific set of dispute procedures and how do those procedures change? Why might elites agree to have specific institutional arrangements and not others? The rest of the book replies to those questions with some degree of accomplishment.
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The second chapter narrates a fascinating case of the Azande of Central Africa and their reliance on oracles and ordeals to resolve disputes around infidelity. The pre-modern dispute resolution scenario is explored first in order to have better perspectives on modernity.
The chapter exhibits how the Zande disputing ways have generated patriarchy and maintained social discipline and obedience to the political elite. However, since critical studies have long demonstrated that judicial procedures maintain social order and patriarchy Kairys ; Olson , the value of the Zande experience to our knowledge is somewhat limited since no additional analyses of pre modern societies are offered.
Furthermore, the author does not develop a significant discussion of cultural relativism and its place in studies of comparative law.
One could argue that no culture may be comprehensible without drilling emphatically into its own virtues and mechanisms Barzilai Instead, the book leaps to the North American experience of contemporary disputing systems. The third chapter contends that modern law functions as an oracle. Following a tradition of literature in law and society, Chase is skeptical about truth finding: This argument is rooted in many previous studies e.
Accordingly, Chapter 4 looks into the exception of the American system of dispute resolution. Tracing its sources in English common law, Chase analyzes the distinctiveness of the jury system, its virtues and deficiencies. Such an effort demands more empirical research and comparative study, both of which are only partially provided.
Chase points to the importance of the jury system to citizenship empowerment, however his treatment is unsatisfactorily brief with no in-depth original empirical study. Similarly, the book offers an investigation of the rather passive role of the judge and the significant weight given to discovery of documents and evidence of experts in the American adversarial system. On the other hand, he circumvents a critical examination of the sources of that myth and only very partially uncovers the interests of political and economic elites to maintain it. The exceptionality of the US legal setting is only one facet of the effort to understand the reflexivity of culture and disputing systems.
Chapter Five focuses on the rise of discretionary power as part of judicial disputing processes.
Disputing Systems in Cross-Cultural Context
Two main developments are underscored as sources of discretion. The first process is the rise of business efficiency and private economy, producing pressure to have more inclusive and accessible legal systems that in turn generate more de-centralized political, social and economic life. The second process is the uncertainty and lost of faith in the rule of law.