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The anthropology of law studies legal systems, law, and law-like social phenomena and takes as its foundation the anthropological insight that law cannot be meaningfully understood apart from wider culture and society. Although there have always been diverse schools of thought within the anthropology of law regarding appropriate goals, theories, epistemologies, and sometimes even methods, scholars in this area share a commitment to intensive and rigorous field methodologies requiring extensive involvement in the communities and social fields under study. In addition, legal anthropologists share another general foundational precept of their discipline, which requires (to at least some degree) a careful bracketing of the field-workers' own categories and presumptions to generate a more accurate picture of their informants' lived experiences.

Scholars recognize the anthropology of law—or legal anthropology—as a formal anthropological subdiscipline, particularly among American cultural and British social anthropologists. In the United States, the Association of Political and Legal Anthropology, an established subgroup under the umbrella organization of the American Anthropological Association, has its own journal, Political and Legal Anthropology Review (PoLAR). New anthropologists continue to conduct research in the anthropology of law, and to self-identify as legal anthropologists, in steady numbers. Indeed, some argue that the anthropology of law has become more central to the discipline of anthropology as a whole over the past ten years, especially in light of growing general interest among anthropologists in topics that fit squarely within the legal anthropological tradition. These topics include anthropology of the state in colonial and postcolonial societies; the anthropology of human rights; the anthropology of war, violence, and postconflict processes; and the anthropology of transnational (often legal) institutions.

Beginnings: Comparative and Evolutionary Approaches

It is difficult to say with any certainty when the anthropology of law began; scholars were conducting what today passes as anthropological studies of law long before there was any self-consciousness of “legal anthropology” as a distinct and legitimate sphere for research and writing. Perhaps the earliest and best example of this is the work of Friedrich Carl von Savigny (1779–1861), the German legal scholar whose 1814 anticodification pamphlet, The Vocation of Our Time for Legislation and Jurisprudence, made the argument that law and legal institutions are the unique expressions of a people's culture and history and cannot be understood apart from them.

However, the high point of protolegal anthropology was without question the mid-nineteenth century. Within twenty years of each other, four anthropological studies of law and legal institutions appeared that had, collectively, a profound influence on a growing body of theory about the origins and nature of human societies. In 1861 Johann Bachofen (1815–1887), a Swiss scholar, published his seminal Mother Right: An Investigation of the Religious and Juridical Character of Matriarchy in the Ancient World. Bachofen drew from a wide range of comparative materials to argue that people originally conceived human institutions, including law and morality, within matriarchies. In the same year, Henry Maine (1822–1888) published Ancient Law, another landmark study. Like Bachofen, Maine used a wide range of information about different societies and historical epochs—in this case attempting to prove that cultural evolution is universally marked by a progression from status, based on kinship, to contract, which emerges with the rise of larger and more complex societies.

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