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4 pages/≈1100 words
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Chicago
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Law
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Understanding the Customary Law in Anthropology (Essay Sample)

Instructions:

All materials that should be used will be attached below. DO NOT USE OTHER MATERIALS, ONLY THE ONES PROVIDED CAN BE USED.
You are to answer 1 of the following 2 questions below. (I have also included a short study guide that can be helpful to just glimpse over, however, all materials must come from the readings attached.)
Question 1: In addressing the earlier anthropological scholarship of law, we have discussed legal anthropologists who examined what they call ‘customary law’ from the 1910s to the 1960s. Identify at least THREE anthropologists whose work we have read and discussed from this earlier period. Describe how these anthropologists have defined customary law and briefly discuss how their definitions differ from each other. Yet, the earlier scholarship has not addressed colonialism in their analyses. Discuss how the later anthropological scholarship (emerging in the late 1970s and the 1980s) has addressed colonialism in their study of customary law. Identify at least TWO different course readings that examine customary law in the context of colonialism. Identify and describe at least TWO ways in which these studies can expand our understanding of customary law as well as anthropological studies of law.
Question 2: Various groups use human rights to fight against racial, religious, gender-based, and other forms of discrimination and rights violations. Identify the course reading that discusses how human rights advocates use international or foreign courts to trial past human rights violations. Give at least TWO specific examples of the use of foreign courts by human rights advocates from the course reading. Yet, anthropological scholarship has shown the limitations of articulating human rights to be universalistic. Discuss the limits of a universalistic understanding of human rights in advancing certain rights claims by disenfranchised groups. Describe how the understanding of human rights as universal has led to abuses of human rights and unexpected forms of discrimination. Identify and describe at least TWO specific examples of such discriminatio forms from the course readings. Describe the concept of legal consciousness and refer to at least TWO-course readings in describing the concept. Briefly discuss the ways in which the concept of legal consciousness can help us examine the uses and abuses of human rights.

source..
Content:


UNDERSTANDING THE CUSTOMARY LAW
Name of Student
Subject Name
Date
UNDERSTANDING THE CUSTOMARY LAW
Introduction
Customary law is a unique type of law that consists of norms in the form of customs, practices, and rules enforced in communities by the members themselves. As a result, these traditions are specifically relevant to a particular society that derives from distinctive circumstances. The implication is that the duties and rights imposed by these systems are tied to specific individuals rather than to a larger group of people who have no connection to that particular historical period or tradition. This legal system has a long and often exemplary history based on the practical experience gained through customs by those community members. Under this context, customary rules may be denominated as moral rules, traditional standards, or business practices.[Greenberg, Jessica. 2021. "Counterpedagogy, Sovereignty, And Migration At The European Court Of Human Rights.” Law & Social Inquiry 46 (2): 518-539.] [Malinowski, Bronislaw. 2018. "Crime And Custom In Savage Society.” doi:10.4324/9780203794449:25]
How Anthropologists Defined Customary Law
The work of a legal anthropologist was primarily concerned with the traditions of the law. Many legal anthropologists were interested in investigating traditional societies' familial and socioeconomic structure to uncover the rules that govern them. How these laws worked for communities during this period remains largely unknown. Still, they continued to function long after stopping being enforced by colonial authorities.1 There are three broad groups in pre-colonial legal systems: those ruled by custom, those governed by religious principles, and those governed by canonical law, which was enforced by Islamic kings and courts, among others. Evans-Pritchard, Gluckman, Nader, Fortes, and Bohannan, to name a few, are examples of academics who have made substantial contributions to their fields.
Evans-Pritchard defines customary law as "a type of customary law that is both codified and implemented by the

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