Cambridge Studies in Law and Society: Law against the State: Ethnographic Forays into Law's Transformations

This collection of rich, empirically grounded case studies investigates the conditions and consequences of 'juridification' - the use of law by ordinary individuals as a form of protest against 'the state'. Starting from the actual practices of claimants, these case studies address the translation and interpretation of legal norms into local concepts, actions and practices in a way that highlights the social and cultural dynamism and multivocality of communities in their interaction with the law and legal norms. The contributors to this volume challenge the image of homogeneous and primordially norm-bound cultures that has been (unintentionally) perpetuated by some of the more prevalent treatments of law and culture. This volume highlights the heterogeneous geography of law and the ways boundaries between different legal bodies are transcended in struggles for rights. Contributions include case studies from South Africa, Malawi, Sierra Leone, Turkey, India, Papua New Guinea, Suriname, the Marshall Islands and Russia.

Introduction: law's travels and transformations Julia Eckert, Zerrin OEzlem Biner, Brian Donahoe and Christian Strumpell; 1. Juridification of indigenous politics Stuart Kirsch; 2. Naming, claiming, proving? The burden of proof issue for Russia's indigenous peoples Brian Donahoe; 3. Human rights and village headmen in Malawi: translation beyond vernacularisation Harri Englund; 4. Juridification, transitional justice and reaching out to the public in Sierra Leone Gerhard Anders; 5. The juridification of political protest and the politicisation of legalism in South African land restitution Olaf Zenker; 6. Rumours of rights Julia Eckert; 7. Public interest and private compromises: the politics of environmental negotiation in Delhi, India Amita Baviskar; 8. Law against displacement: the juridification of tribal protest in Rourkela, Orissa Christian Strumpell; 9. Documenting 'truth' in the margins of the Turkish state Zerrin OEzlem Biner; 10. The ones who walk away: law, sacrifice and conscientious objection in Turkey Erdem Evren; Epilogue: changing paradigms of human rights Upendra Baxi.