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Social and Cultural Anthropology has its focus on_but it is associated with the study of_
whole human cultures and preliterate cultures
The understanding of behavior in context through the participation of the investigator in the situation being studied
American Indian Movement
started in 1968. Militiant group dedicated to challenging the oppression and historical theft of Indian lands. Conflict with laws and agents of the feds
The truth behind the treaties (Indians and the Europeans)
Indians didn't understand the law the same way Europeans did which lead them to be taken advantage of. Europeans violated the treaties.
policy that broke up most of the Indian reservations into private holdings to control and integrate them so that non-Indians won't be subjected to control
The problem with law over the Indians?
which law prevails? Indians or American? How much should the government interfere with their affairs?
To deal with which law prevailed, the act of 1924
they are subject to the same laws as citizens besides minor crimes and other civil matters occurring on reservations, where tribal courts have jurisdiction
Consequence of everything-Indians
Identity crisis, some concerned with practical gain rather then the tribe.
Whats good about comparative law?
Overcomes ethnocentric tendencies and it reinforces that law reflects and influences the society of which it is a part
Roots to divine law as decreed by the Pope and other Church Authorities, was applied to Christians
Cannon law was important in
Western laws of marriage, inheritance, property, contracts, crimes, torts, and rules of judicial procedure
History of Common Law in courts
People were educated but the judges weren't literate and were taught law in oral tradition
law will fade away, compare to intuitive concept of justice and Danwei, reflected the workers. Administering justice in accord with communism
traditional view of law (socialist 2nd dimension)
indigenous legal norms and traditions of the country in question have not been abolished but have been adapted by the new regime
3rd dimension socialist (pragmatic view of law)
conditions of modern industrialized nations and international commerce imposed demands for certain legal norms and procedures
instrumental interpretation marx
Marx holds the view that capitalist ownership class directly controls lawmaking and law-enforcing
Structural interpretation Marx
law is seen as autonomous which means it is not controlled by the capitalist ownership class but is oriented toward the survival of the capitalist system
point of communist regime
abolish all law and legal institutions and to replace those with popular tribunals
The influences on American Law
Europe, Colonists, American revolution, need of change in the capitalist economy, cultural values, immigrants, Bible, Charter, codes, Constitution, English common law, Civil Law
Constitution and slavery
Slavery wasn't mentioned in it, America missed that opportunity to move forward earlier, and it staged the Civil War
Dred Scott vs. Sandford-what was the fight?
Dred Scott traveled with his master to a free state-Minnesota- and then returned to a slave state-MIssouri
Dred Scott vs. Sandford-What did Roger Taney decide?
decided that Dred Scott couldn't be free because he wasn't a citizen
What led to the Brown vs. Board of Education decision
social and behavioral science studies stating the damaging stuff of segregation on black schoolchildren
The question associated with the contextual perspective?
What does law mean in extreme circumstances?
innate qualities (such as sex or ethnicity) or unalterable for other reasons (such as the historical fact of a past association, occupation or status)
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