Résumé
Let us start with the obvious question when analysing an early society and culture forour purpose: what is law? There are nearly as many definitions as there are legalhistorians and legal anthropologists out there. To make life easier I will pick one recentdefinition, by Francis Fukuyama (2012 pp. 245–46), who simplifies the predicament inthe following way: ‘The law is a body of abstract rules of justice that bind acommunity together. In premodern societies, the law was believed to be fixed by anauthority higher than any human legislator, either by a divine authority, by immemorialcustoms, or by nature.’ I suspect that someone like, for example, Bronislaw Malinowskiwould not wholeheartedly have embraced this definition with ‘rules of justice’. Instead,he might have stressed more complex reciprocal everyday obligations,1but many of theaspects I will discuss in this chapter are covered here: abstract (that is, implicit) ruleswhich bind a collective together; the link between a divine authority and law; and(immemorial) customs.
| langue originale | English |
|---|---|
| titre | Comparative Law and Anthropology, |
| Sous-titre | Research Handbooks in Comparative Law Series |
| rédacteurs en chef | James A R Nafziger |
| Editeur | Edward Elgar Publishing Limited |
| Chapitre | 13 |
| Nombre de pages | 21 |
| ISBN (Electronique) | 978 1 78195 518 5 |
| ISBN (imprimé) | 978 1 78195 517 8 |
| état | Published - juil. 2017 |