Traditional law continues to be relevant for the Svans (Georgians), who usually live in the highlands of the Caucasus, but who have also migrated to various parts of Georgia. To grasp its practice we draw on approaches in which its use is discussed as a strategy for '(re)asserting collective identities' (Benda-Beckmann) in order to enforce specific goals. But our research also shows another dimension of traditional law: more than in actual conflict resolutions, traditional law is found in narratives, that is in memories of how conflicts were resolved earlier and should be solved today. These stories, however, of how and when traditional law should be applied rarely correspond to lived reality. Drawing on Brubaker and Cooper, we argue that beside a rather instrumental motivated use of traditional law in asserting collective identities, its contemporary practice can only be fully understood if we also acknowledge its non-instrumental practice.
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Identity and Traditional Law
Local Legal Conceptions in Svan Villages, Georgia
Stéphane Voell, Natia Jalabadze, Lavrenti Janiashvili, and Elke Kamm
In Anthropological Journal of European Cultures
- Published (Print):
- 01 Sep 2014
- Article Type:
- Research Article
- Pages:
- 98–118 (20 total)
In support of free-standing Indigenous legal systems
Comparisons of US tribal courts and Canadian First Nations courts
Bruce Granville Miller
band level. The special issue provided a two-page statement of ‘traditional law’, with the headline ‘Traditional Stó:lō People conduct their lives according to the Seven Laws of Life: Health, humility, happiness, understanding, generations
In Journal of Legal Anthropology
- Published (Print):
- 01 Dec 2022
- Article Type:
- Review Article
- Pages:
- 93–109 (17 total)
What Do Religions Actually Fight About?
A Durkheimian Perspective
Bruno Karsenti
founding the rule, by setting the law and sacralising it as traditional law (modern societies are not theocracies), but rather at the level of idealisation . Hence, we could say that, if our societies are capable of living and of helping the individuals
In Durkheimian Studies
- Published (Print):
- 01 Dec 2017
- Article Type:
- Research Article
- Pages:
- 13–25 (13 total)
A State of Force
The Repressive Policing of Contention in Queensland under Frederic Urquhart
Paul Bleakley
occasions like these; indeed, Denham’s attempt to engage the services of the national and imperial armed forces to supplement police action supports the suggestion that police were expected to fulfill a duty that was beyond the scope of traditional law
The “Imagined Other”
A Political Contextual Analysis of Secular and Hindu Nationalisms in Indian History Textbooks
Deepa Nair
perspective of India's past as a conflict between two monolithic religious communities had its origins in colonial policies and drew on the research of its officers. William Jones, while dealing with the question of traditional laws of the land, differentiated
In Journal of Educational Media, Memory, and Society
- Published (Print):
- 01 Sep 2021
- Article Type:
- Research Article
- Pages:
- 72–94 (23 total)
Hunting for Justice
An Indigenous Critique of the North American Model of Wildlife Conservation
Lauren Eichler and David Baumeister
treated as sacred principles and guidelines for interacting with the nonhuman world ( Cajete 2000 ). Thus, the more recent federal laws and the traditional laws of Native peoples come into conflict. For example, in 1860, the US claimed 90 percent of the
In Environment and Society
- Published (Print):
- 01 Sep 2018
- Article Type:
- Research Article
- Pages:
- 75–90 (16 total)
Decolonising Durkheimian Conceptions of the International
Colonialism and Internationalism in the Durkheimian School during and after the Colonial Era
Grégoire Mallard and Jean Terrier
understood it as the task of the international law scholars to ‘create new law under the guise of progressive development’, as well as their duty to analyse emerging ‘norms known and accepted by most states to a greater extent than traditional law, in whose
In Durkheimian Studies
- Published (Print):
- 01 Dec 2021
- Article Type:
- Research Article
- Pages:
- 3–30 (28 total)