dc.contributor.author | VASCONCELOS VILAÇA, Guilherme | |
dc.date.accessioned | 2010-12-09T14:41:47Z | |
dc.date.available | 2010-12-09T14:41:47Z | |
dc.date.issued | 2010 | |
dc.identifier.citation | European Journal of Legal Studies, 2010, 3, 1, 169-180, Comparing Law | en |
dc.identifier.issn | 1973-2937 | |
dc.identifier.uri | https://hdl.handle.net/1814/15160 | |
dc.description.abstract | This review essay discusses in detail a recent volume of theoretically informed legal anthropological articles dealing with the intrinsic relationship between law, power and violence in the exercise of governance. The book offers a step forward in legal research by bridging the gap between legal and social theory. However, the volume is also tributary of the methodological problems that arise with this approach. I focus on several issues. First, and persistently, the lack of an analytical distinction between law/non law makes difficult to understand exactly through which medium is power exercised. Second, in most contributions the normative assumptions underpinning them are not spelled out and/or discussed. Thirdly, most case studies work with insufficiently complex conceptualizations of society. Fourthly, few essays manage to distinguish between first and second-order problems associated to law. Due to these four methodological shortcomings, the purchase of critical legal anthropology, namely to offer a better understanding of the case studies, is seriously restricted. | en |
dc.format | digital | |
dc.format.mimetype | application/pdf | |
dc.language.iso | en | en |
dc.relation.ispartof | European journal of legal studies | en |
dc.relation.uri | https://ejls.eui.eu/ | |
dc.rights | info:eu-repo/semantics/openAccess | |
dc.subject | comparing law | |
dc.title | The Ashes of Law - Book Review; Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Julia Eckert, Rules of Law and Laws of Ruling: On the Governance of Law, Burlington, Ashgate, 2009 | en |
dc.type | Article | en |
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