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Dubbed by the New York Times as "one of the most sought-after legal academics in the county," William Ian Miller presents the arcane worlds of the Old Norse studies in a way sure to attract the interest of a wide range of readers. Bloodtaking and Peacemaking delves beneath the chaos and brutality of the Norse world to discover a complex interplay of ordering and disordering impulses. Miller's unique and engaging readings of ancient Iceland's sagas and extensive legal code reconstruct and illuminate the society that produced them.

People in the saga world negotiated a maze of violent possibility, with strategies that frequently put life and limb in the balance. But there was a paradox in striking the balance—one could not get even without going one better. Miller shows how blood vengeance, law, and peacemaking were inextricably bound together in the feuding process.

This book offers fascinating insights into the politics of a stateless society, its methods of social control, and the role that a uniquely sophisticated and self-conscious law played in the construction of Icelandic society.

"Illuminating."—Rory McTurk, Times Literary Supplement

"An impressive achievement in ethnohistory; it is an amalgam of historical research with legal and anthropological interpretation. What is more, and rarer, is that it is a pleasure to read due to the inclusion of narrative case material from the sagas themselves."—Dan Bauer, Journal of Interdisciplinary History

Conjugal Rights is a history of the role of marriage and other arrangements between men and women in Libreville, Gabon, during the French colonial era, from the mid–nineteenth century through 1960. Conventional historiography has depicted women as few in number and of limited influence in African colonial towns, but this book demonstrates that a sexual economy of emotional, social, legal, and physical relationships between men and women indelibly shaped urban life. Bridewealth became a motor of African economic activity, as men and women promised, earned, borrowed, transferred, and absconded with money to facilitate interpersonal relationships. Colonial rule increased the fluidity of customary marriage law, as chiefs and colonial civil servants presided over multiple courts, and city residents strategically chose the legal arena in which to arbitrate a conjugal-sexual conflict. Sexual and domestic relationships with European men allowed some African women to achieve a greater degree of economic and social mobility. An eventual decline of marriage rates resulted in new sexual mores, as women and men sought to rebalance the roles of pleasure, respectability, and legality in having sex outside of kin-sanctioned marriage. Rachel Jean-Baptiste expands the discourse on sexuality in Africa and challenges conventional understandings of urban history beyond the study of the built environment. Marriage and sexual relations determined how people defined themselves as urbanites and shaped the shifting physical landscape of Libreville. Conjugal Rights takes a fresh look at questions of the historical construction of race and ethnicity. Despite the efforts of the French colonial government and society to enforce boundaries between black and white, interracial sexual and domestic relationships persisted. Black and métisse women gained economic and social capital from these relationships, allowing some measure of freedom in the colonial capital city.

In every culture there exists unwritten law—obligations and prohibitions that are understood and passed on, and transgressions that are punished. Folk Law, a comprehensive two-volume collection of essays, examines this meeting place of folklore and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law.
    The collection begins by defining various forms of “folk law,” drawing on examples from many cultures. The second section provides historical profiles of pioneering figures in the study of folk law. Following sections examine field research techniques used to identify folk laws; aspects of folk law within the realm of rituals, songs, and other forms of expressive culture; instances where folk law comes into conflict with national law, and the role of folk law in the international arena. The volumes also include description and analysis of two approaches to folk law—the rule approach, in which scholars dissect the codes that underlie folk law, and the case approach, in which researchers examine specific cases involving folk law.
    Valuable for students and scholars of law, folklore, or anthropology, this extensive casebook marks a rare interdisciplinary approach to two important areas of research.

In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women’s rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical models for engaging with gender and multicultural conflicts, explore contextual differences, and analyze and celebrate stories of successful initiatives that have transformed legal and cultural norms to improve women’s lives.

Mozambique has been hailed as a success story by the international community, which has watched it evolve through a series of violent political upheavals: from colonialism, through socialism, to its current democracy. As Juan Obarrio shows, however, this view neglects a crucial element in Mozambique’s transition to the rule of law: the reestablishment of traditional chieftainship and customs entangled within a history of colonial violence and civil war. Drawing on extensive historical records and ethnographic fieldwork, he examines the role of customary law in Mozambique to ask a larger question: what is the place of law in the neoliberal era, in which the juridical and the economic are deeply intertwined in an ongoing state of structural adjustment?
           
Having made the transition from a people’s republic to democratic rule in the 1990s, Mozambique offers a fascinating case of postwar reconstruction, economic opening, and transitional justice, one in which the customary has played a central role. Obarrio shows how its sovereignty has met countless ambiguities within the entanglements of local community, nation-state, and international structures. The postcolonial nation-state emerges as a maze of entangled jurisdictions. Ultimately, he looks toward local rituals and relations as producing an emergent kind of citizenship in Africa, which he dubs “customary citizenship,” forming not a vestige of the past but a yet ill-defined political future.

Trust, Ethnicity, and Identity deals with the economic role of laws and institutions in achieving social order in a decentralized economy. Specifically, this book considers the coordinating role of three major nonprice institutions--ethnic trading networks, contract law, and gift-exchange--in economizing on transaction costs and thus facilitating the process of exchange in decentralized economies in different historical contexts.

The major unifying theme of the book is this: identity matters when traders operate in an environment characterized by contract uncertainty, where the legal framework for the enforcement of contracts is not well developed. This in turn points out the importance of trust embedded in particularistic exchange relations such as kinship or ethnicity.

One unique facet of this book is that the author uses a property rights--public choice approach--part of the New Institutional Economics--to provide a unifying theoretical framework to explain such diverse exchange institutions as contract law, ethnic trading networks, and gift-exchange, In addition, it goes beyond the New Institutional Economics paradigm by incorporating some crucial concepts from sociology, anthropology, and bioeconomics, such as social structure, social norms, culture, reciprocity, and kin-related altruism. This broad interdisciplinary framework gives Landa's work a relevance beyond economics to law, political science, sociology, anthropology, and bioeconomics.