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Lecture 11

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University of Toronto Scarborough
Girish Daswani

Lecture 11- ANTB20- GLOBAL OUTLAWS  Final exam April 25 , 2013 – 2-4pm AC223  Next Class = Review This week: globalization and culture and what ANT study and do is LAW -what is right/wrong and how we should behave in a particular setting -law Is organized around nation state and civil society -it is a social and moral contract between gov’t and citizen -what more is there to talk about if law is about rules and regulations that govern your life? law has a deep routed history in ANT, idea of law is based on certain assumptions of human nature and the state of nature of human beings -conceptual ideas that lead is to talking about law in different way. How do we consider culture and values to be important -tried to study legal in relation to the opposite of the legal : the illegal -there is the assumption that those who fall outside the boundaries are deviant and criminals, dangerous to the smoothing of our normal life -deviance – is a whole subject -ppl spend their lives looking at what deviance is -it is always in relation to what is not legal- what is not the law given globalization and the scapes of appadurai, is there something going out that allows us to peak into the relation between legal and illegal --the movement of ppl across boundaries, but rules of nation state is more recent -how global mvmts are implications of the legal and illegal Law and the state of nature  Thomas Aquinas, following Aristotle, the state of nature is not logically or temporally prior to the politically constituted community but is that community the political state is natural for human beings -all humans are political beings -state of nation- how we are political beings -nature involved in understanding the membership to the community  The idea of the pure state of nature or then natural condition of mankind was also th deduced in the 17 century English philosopher Thomas Hobbes -state of nature, at least men, are in a state of war -by nature we are violent and seek to fulfill our desires – survival of the fittest -his idea of nature is slightly diff, not how the community defines it rather what is there b/f the law comes and regulates our activities  Important that it is a social contract, to create rights and obligation  Within the Hobbesian state of nature there is neither private property nor injustice since there is no law, except for certain natural precepts discovered by reason  It is the social contract “law,” that creates rights and obligations -takes the place of law of nature, law=political dominate force  In hobbes view, once a civil gov’t is instituted, the state of nature has disappeared between individuals b/c of the civil power which exists to enforce contracts and the laws of nature generally. -KINSHIP that brought a sense of social moral stability that brought groups together -early ANT who studied kinship all interesting enough were lawyers,  Law and ANT have been implicated in some way  Questions we ask about ourselves and human nature that create a moral and social group that will not turn and destroy itself, is the understanding of law  We as ANT going into study African/Asian groups started from the assumption of a thing called law, and what do other cultural grps have to allow them to coexist Either/or  Line between the legal and illegal (acceptable/not acceptable)  World acts according to these categories and divisions  Laws act as a final source of authority and exercise a social, regulative, function -thinking of law, takes place of settlerism, -not completely decoupled by religion -legal relationship between god and law and citizens – subject for another topic -law replaces this transcendental – no longer the ancestor/god, it is now law -the social structuralism of ANT, all these things are the same function, regulate and exercise social authority over us so we behave WHAT IS Structural FUNCTIONALISM
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