ANTH 222 Lecture Notes - Lecture 9: The Federalist Papers, Burnum Burnum
26 Apr 2018
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Document Summary
The concept of legal pluralism is one that scholars have had to adapt to. Opposite of lp = only one state jurisdiction. The myth of natural homogeneity: john jay, the federalist papers (1787) He overlooks the existence of indigenous peoples and slaves in the us: he assumes that there is only one united people , held together by strong ties. The idea is that the state is the source of national unity, and the sole source of legitimate jurisdictions. There is not always only one source of legal power. Franz and keebet von benda-beckmann: change and continuity in plural. The state is a fractured potentially powerful, but also manipulable set of players, sometimes considered useful, rarely considered reliable and always to be treated with suspicion . Socio-legal scholars have pointed this idea as central to their work. Deep legal pluralism : involves a more far-reaching concept of law: it does not necessarily depend on state structures for its validity.
