Anthropology and Law as Two Sibling Rivals

34 Antropolítica: Revista Contemporânea de Antropologia 121 (2013)

UC Hastings Research Paper No. 91

17 Pages Posted: 16 Mar 2014

See all articles by George Emile Bisharat

George Emile Bisharat

University of California Hastings College of the Law

Date Written: 2013

Abstract

This lecture discusses the relationship between two academic disciplines, law and anthropology, and suggests that the optimal relationship is, on the one hand, competitive and conflictual, and on the other hand, mutually respectful and supportive — something like the relationship between two sibling rivals. The conflictual aspects of this relationship derive from the different orientations of the two fields — instrumental for law, speculative for anthropology — and the fact that anthropology, based on long-term ethnography, often challenges and subverts law’s claims to distinctive authority. The positive aspects of the relationship build on the possibilities that each field can genuinely assist the other, as anthropological understanding can be extremely useful to lawyers, while lawyers are often the legal system’s most astute observers and critics, and thus can provide anthropologists with invaluable insights into the actual operations of legal systems. These points are illustrated through references to the author’s fieldwork in Palestine and legal practice experience in the United States.

Keywords: law, anthropology, legal anthropology, ethnography

Suggested Citation

Bisharat, George Emile, Anthropology and Law as Two Sibling Rivals (2013). 34 Antropolítica: Revista Contemporânea de Antropologia 121 (2013); UC Hastings Research Paper No. 91. Available at SSRN: https://ssrn.com/abstract=2409225

George Emile Bisharat (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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