UNIVERSITY OF INDONESIA
FACULTY OF LAW
STUDY PROGRAM: LAW, SOCIETY AND DEVELOPMENT
Teaching subject : Anthropology of Law
Code : LWMP601201
Periode of time : February-June 2015
Day : Monday, 11.00- 12.40
TEACHERS:
Prof. Dr. Sulistyowati Irianto MA (SI)
Dr. Lidwina Inge Nurtjahyo, SH, MA (LIN)
Objectives:
The objectives of this teaching subject is to understand:
1. The significance of studying legal anthropological perspective for legal scholar to understand law.
2. The construction of law in socio and political context, and how does law work in daily life of society.
3. Contribution of theoretical and methodological approaches in anthropology to understand law in such broader meaning
Synopsis:
This lecture focuses on contribution of anthropological approach to legal studies. Law as text cannot be understood as neutral and objective and isolated from society. The society member can perceive law differently in line with their social and cultural background, economic and political context. Society has capacity to create and apply their own rules relating their needs to maintain social order.
Among many legal scholars it raises awareness that legal studies that merely study law in “black letter perspective” (legalistic thinking way) does not have enough capacity to explain how law is constructed and implemented by actors. Legal anthropological approach place law interconnected with social, political, economic and cultural background.
Some theoretical concepts and methodological approaches will be introduced, and it is followed by themes and practical issues studied in legal anthropology like critical perspective on law, legal pluralism, dispute settlement, legal development, and access to justice.
Legal pluralism as classic and modern approach will be studied more, as this approach has been developed and dominated legal anthropological field of study.
CRITERIA OF EVALUATION:
· 30% from midterm exam, 40% from final exam and 20% daily activities like discussion and critical review, the rest 10 % will be the presence
· Each group will make a review paper and present it, then the next group will discuss the reviewed paper.
· midterm exam will be conducted in the form of essay
· final exam is completed by doing and writing (small scale) research report and completed by documentation (photos or video)
.
Course / Subject / Objectives / Method / Lecturer / Reference /1 / Introduction to Legal Anthropology / 1. To raise awareness on the importance of studying anthropology of law to understand law
2. To understand the difference between legalistic thinking of law and anthropological /cultural perspective
3. To understand interdisciplinary approach to law / Lecture and
Discussion / LIN / Mark D West. “Losers: Recovering Lost Property in Japan and the United States”. Law & Society Review, Volume 37, Number 2 (2003)
r 2003 by The Law and Society Association.p. 369-424.
Macaulay, Stewart dan Laurence Friedman, John Stookey. Law and Society: Readings on the Social study of Law. US: W.W. Norton & Company, Inc. Page. 1-18.
2 / The history and scope of legal anthropology / To understand legal anthropological studies in the early of its history, approaches, and themes and how it progress in modern time. / Lecture and discussion / SI / Donovan, James, Anthropology of law: An Introduction. UK: Altamira Press 2008
Benda-Beckmann, in Ihromi, Bunga Rampai Antropologi Hukum. Yayasan Obor Indonesia
3 / Main concepts in legal anthropology / To understand main concepts in legal anthropology, law in cultural perspective / Lecture and discussion / LIN / Moore, Sally F, Early Themes that Reappear in new Form in Moore, SF (ed), Law and Anthropology , Blackwell, 2005, p 5-53
4 / Legal Pluralism in classical view / To understand legal pluralism as concept and its critique against legal centralism / Lecture and discussion / LIN / K Benda-Beckmann, Traditional Law and Values in Tai Societies in Tai Culture International Review on Tai Cultural Studies
F & K Benda-Beckmann, Griffiths, Introduction in F& K Benda-Beckmann & Anne Griffiths (eds) in Mobile People Mobile Law, 2005. Page 1-26.
Tamanaha, Brian, Understanding Legal Pluralism: past to present, local to global, 30 Sydney L. Rev. 375 (2008)
5 / Legal Pluralism in modern perspective / To understand the issues of Legal Pluralism and global world / Lecture and discussion / SI / Moore, Sally F, the Large Scale: Pluralism, Globalism, and the Negotiation of International disputes, in Moore Sally F, Law and Anthropology: A Reader, Blackwell, 2005, p 303-342
F&K Benda-Beckmann and Anne Griffith. “Space and Legal Pluralism: An Introduction”. Spatializing Law. Page.1-30.
Irianto, Sulistyowati, Pluralisme Hukum Modern dalam Sulistyowati Irianto, Hukum yang Bergerak, YOI, 2010
6 / Research Methodology / To understand socio-legal research method / Lecture and discussion / SI / Flood, John. “Socio-Legal Research” in Banakar & Travers, Theory and Method in Socio-Legal Research, 2005. US and Canada: Hart Publishing.
Banakar, Reza and Max Travers “Law, Sociology and Method” in Banakar & Travers, Theory and Method in Socio-Legal Research, 2005. US and Canada: Hart Publishing.
7 / Research Methodology / To understand ethnography of law / Lecture and discussion / LIN / Seneviratne, Mary. “Researching Ombudsman” in Banakar & Travers, Theory and Method in Socio-Legal Research, 2005. US and Canada: Hart Publishing. Page.161
Griffith, Anne. “Using Ethnography as a Tool in Legal research: An Anthropological Perspective” in Banakar & Travers, Theory and Method in Socio-Legal Research, 2005. US and Canada: Hart Publishing. Page.
Lidwina Inge, Etnografi Hukum dalam Sulistyowati Irianto, Hukum yang Bergerak. YOI, 2010
8 / Dispute Settlement / To understand dispute settlement as an unending theoretical and practical issues / Lecture and discussion / LIN / Moore, Sally F, the early classic of legal Ethnography: the real thing-field work on law, rules, cases and disputes in Moore, SF (ed), Law and Anthropology , Blackwell, 2005, p 65-100
Felstiner; “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming”. Vol 15, no 3/4 , 1980-1981, p.631-654.
9 / Law, Boundaries and Property / To understand dispute settlements on boundaries and property issues / Lecture and discussion / LIN / Bloomley N. “The Boundaries of Property: Lesson from Beatrix Potter.” The Canadian Geographer No.2 (2004) p.91-100
West, Mark D. Losers: Recovering Lost Property in Japan and the United States.
10 / From Legal Development to Access to Justice for Women and the Poor / To understand justice pro poor and women / Lecture and discussion / SI / Inneke van de Meenee dan Benjamin van Rooij. “access to justice and legal empowerment: makin the poor central in legal development ccoperation”
Carother, Thomas. “The Rule of Law Revival” in Promoting the Rule of Law Abroad. Page.3-13.
11 / From Legal Development to Access to Justice for Women and the Poor / To understand how poor and women access justice / Lecture and discussion / SI / Bedner, Introduction in Bedner and Berenschot
Surya Tjandra & Widodo dalam Bedner and Berenschot
Sulistyowati Irianto, Akses Keadilan & Migrasi Global, YOI 2011
Policy Brief Migrant Worker IDRC
12 / Discussing research progress / LIN
13 / Discussing research progess / LIN
14 / Final Examination / SI & LIN