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Crime and Custom in Savage Society represents Bronislaw Malinowski's major discussion of the relationship between law and society. Throughout his career he constructed a coherent science of anthropology, one modeled on the highest standards of practice and theory. Methodology steps forward as a core element of the refashioned anthropology, one that stipulates the manner in which anthropological data should be acquired. Malinowski's choice of law was not inevitable, but neither was it unmotivated. Anyone interested in understanding the social structure and organization of societies cannot avoid dealing with the concept of "law," even if it is to deny its presence. Law and anthropology have shown a natural affinity for one another, sharing a beneficial history of using the methods and viewpoints of one to inform and advance the other. The best lesson Malinowski provides us with comes in the last paragraphs of Crime and Custom in Savage Society: "The true problem is not to study how human life submits to rules; the real problem is how the rules become adapted to life." On that question, he has left us richly inspired to continue the quest.
This work investigates the fundamental question of how social order is maintained in societies lacking formal legal institutions. Bronislaw Malinowski, a foundational figure in modern anthropology, utilizes his extensive fieldwork in the Trobriand Islands to challenge the prevailing view that primitive societies are governed solely by rigid, unthinking adherence to custom. He argues that social behavior is instead regulated by a complex web of reciprocal obligations and mutual interests, proposing a functionalist framework that shifts the focus from static rules to the dynamic adaptation of social norms to human life.
What You Will Find
Experts recognize this text as a foundational contribution to legal anthropology that successfully dismantled early 20th-century misconceptions regarding primitive law. Readers frequently note the clarity of Malinowski's prose, which remains accessible despite the academic density of the subject matter.
Page Count:
157
Publication Date:
2018-01-01
Publisher:
Taylor and Francis
ISBN-10:
0203794443
ISBN-13:
9780203794449
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