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Theories of Legal Anthropology

Description: This quiz covers the various theories and concepts within the field of legal anthropology, exploring the relationship between law, culture, and society.
Number of Questions: 15
Created by:
Tags: legal anthropology law and culture socio-legal studies cultural relativism legal pluralism
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Which theory in legal anthropology emphasizes the idea that law is a product of cultural and social norms, rather than a universal or objective set of rules?

  1. Legal Positivism

  2. Legal Realism

  3. Cultural Relativism

  4. Legal Pluralism

Show answer
Correct Option: C
Explanation:

Cultural Relativism posits that legal systems are shaped by the unique cultural and social contexts in which they exist, and that there is no single, universal definition of law.

According to the theory of Legal Pluralism, what is the relationship between state law and non-state law?

  1. State law is always superior to non-state law.

  2. Non-state law is always superior to state law.

  3. State law and non-state law are mutually exclusive.

  4. State law and non-state law coexist and interact in complex ways.

Show answer
Correct Option: D
Explanation:

Legal Pluralism recognizes the existence of multiple legal systems within a single society, including state law and various forms of non-state law, such as customary law or religious law.

Which legal anthropologist is known for his work on the concept of 'legal culture' and the idea that law is embedded in everyday social practices?

  1. Bronislaw Malinowski

  2. E. Adamson Hoebel

  3. Clifford Geertz

  4. Sally Falk Moore

Show answer
Correct Option: C
Explanation:

Clifford Geertz's work on legal culture emphasizes the importance of understanding the cultural context in which legal systems operate, and how law is shaped by and embedded in everyday social practices.

What is the central idea behind the concept of 'legal efficacy'?

  1. The ability of law to achieve its intended goals.

  2. The extent to which law is obeyed and enforced.

  3. The legitimacy and authority of law in the eyes of its subjects.

  4. The degree to which law reflects the values and norms of a society.

Show answer
Correct Option: A
Explanation:

Legal efficacy refers to the extent to which law is able to effectively achieve its intended purposes and objectives.

According to the theory of 'legal realism', what is the primary function of law?

  1. To maintain social order and stability.

  2. To protect individual rights and freedoms.

  3. To resolve disputes and conflicts.

  4. To promote economic growth and development.

Show answer
Correct Option: C
Explanation:

Legal realism emphasizes the role of law in resolving disputes and conflicts, rather than as a tool for social engineering or economic development.

Which legal anthropologist conducted extensive fieldwork among the Nuer people of Sudan and developed the concept of 'acephalous societies'?

  1. Bronislaw Malinowski

  2. E. Adamson Hoebel

  3. Clifford Geertz

  4. Evans-Pritchard

Show answer
Correct Option: D
Explanation:

Evans-Pritchard's work among the Nuer people provided insights into the functioning of legal systems in societies without centralized political authority.

What is the term used to describe the process by which legal norms and practices are transmitted from one generation to the next?

  1. Legal socialization

  2. Legal acculturation

  3. Legal enculturation

  4. Legal transmission

Show answer
Correct Option: C
Explanation:

Legal enculturation refers to the process by which individuals learn and internalize the legal norms and values of their society.

According to the theory of 'legal evolutionism', what is the general trajectory of legal development?

  1. From simple to complex legal systems.

  2. From customary law to state law.

  3. From religious law to secular law.

  4. From oral law to written law.

Show answer
Correct Option: A
Explanation:

Legal evolutionism posits that legal systems tend to evolve from simple and informal mechanisms of social control to more complex and formalized legal structures.

Which legal anthropologist conducted extensive fieldwork among the Trobriand Islanders and developed the concept of 'kula ring'?

  1. Bronislaw Malinowski

  2. E. Adamson Hoebel

  3. Clifford Geertz

  4. Sally Falk Moore

Show answer
Correct Option: A
Explanation:

Malinowski's work among the Trobriand Islanders provided insights into the relationship between law, economics, and social organization.

What is the term used to describe the process by which legal systems adapt and change over time?

  1. Legal evolution

  2. Legal transformation

  3. Legal adaptation

  4. Legal change

Show answer
Correct Option: C
Explanation:

Legal adaptation refers to the process by which legal systems adjust and modify themselves in response to changing social, economic, and political conditions.

Which legal anthropologist conducted extensive fieldwork among the Gisu people of Uganda and developed the concept of 'dispute mediation'?

  1. Bronislaw Malinowski

  2. E. Adamson Hoebel

  3. Sally Falk Moore

  4. John Middleton

Show answer
Correct Option: D
Explanation:

Middleton's work among the Gisu people provided insights into the role of mediation and negotiation in resolving disputes.

What is the term used to describe the process by which legal norms and practices are contested, negotiated, and transformed?

  1. Legal pluralism

  2. Legal conflict

  3. Legal transformation

  4. Legal change

Show answer
Correct Option: C
Explanation:

Legal transformation refers to the process by which legal norms and practices are contested, negotiated, and transformed through social and political struggles.

Which legal anthropologist conducted extensive fieldwork among the Yanomami people of Brazil and Venezuela and developed the concept of 'fierce egalitarianism'?

  1. Napoleon Chagnon

  2. E. Adamson Hoebel

  3. Clifford Geertz

  4. Sally Falk Moore

Show answer
Correct Option: A
Explanation:

Chagnon's work among the Yanomami people provided insights into the relationship between law, warfare, and social organization.

What is the term used to describe the process by which legal systems are shaped by and reflect the power relations and inequalities within a society?

  1. Legal hegemony

  2. Legal domination

  3. Legal subordination

  4. Legal stratification

Show answer
Correct Option: A
Explanation:

Legal hegemony refers to the process by which the legal system of a dominant group is imposed on and legitimized within a subordinate group.

Which legal anthropologist conducted extensive fieldwork among the Ifugao people of the Philippines and developed the concept of 'law as process'?

  1. Bronislaw Malinowski

  2. E. Adamson Hoebel

  3. Clifford Geertz

  4. Laura Nader

Show answer
Correct Option: D
Explanation:

Nader's work among the Ifugao people provided insights into the dynamic and processual nature of law.

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