Download Bronislaw Malinowski's Concept of Law by Mateusz Stępień PDF

By Mateusz Stępień

This booklet discusses the felony considered Bronislaw Malinowski (1884-1942), absolutely one of many titans of social sciences who enormously encouraged not just the form of recent cultural anthropology but additionally the social sciences as a complete. this can be the 1st finished paintings to target his criminal conceptions: whereas a lot has been written approximately his perspectives on language, magic, faith, and tradition, his perspectives on legislation haven't been really reconstructed or recapitulated. a look on the current literature illustrates how little has been written approximately Malinowski’s knowing of legislation, in particular within the criminal sciences. This turns into much more obtrusive given the truth that Malinowski committed a lot of his scholarly paintings to learning legislations, specially within the final interval of his existence, within which he performed huge examine on legislation and “primitive jurisprudence”. the most objective of this publication is to deal with this hole and to provide intimately Malinowski’s concepts on legislations.

The ebook is split into components. half I focuses mostly at the impression that works of 2 uncommon professors from his alma mater (L. Dargun and S. Estreicher) had on Malinowski’s criminal options, whereas half II reconstructs Malinowski’s inclusive, huge and multidimensional realizing of legislation and offers new readings of his felony conceptions commonly from the point of view of reciprocity. The publication bargains a clean examine his perspectives on legislations, paving the best way for extra reports on criminal concerns encouraged by means of his methodological and theoretical achievements. Malinowski’s knowing of legislation offers a wealth of fodder from which to formulate attention-grabbing learn questions and a high-quality starting place for constructing theories that extra safely describe and clarify how legislations features, in response to new findings within the social and usual sciences.

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Karl Llewellyn was another reader of Malinowski who received his ideas enthusiastically (1930, p. 436; Llewellyn and Hoebel 1941, p. 27; see Twining 1973, p. 153). Nevertheless, considering the massive impact that works such as The Argonauts, had on anthropological studies, Malinowski’s legal thoughts had a relatively minor influence on legal realism and there were relatively few direct references to his works. One of the potential reasons for this is that the realist movement began much earlier, drawing its inspiration from other sources (see, for example, Herget and Wallace 1987).

The normatively ordered, because of its purely practical purposes, collective social existence is possible on the condition of “keeping good faith to your brother, under the threat of the reaction from all those who are related with you, and under the threat of being excluded from the solidarity and the relationship binding the whole group” (Estreicher 1901, p. 46). , depending on the used formulation), the concept fulfilling in keeping the mutuality in all kinds of relationships creating the social order.

However, even here one must be careful for, with time, the “late Malinowski” changed, filled and gave many generalizations made by the “young Malinowski” a more conditional mode, whereas Stanisław Estreicher specialized in general theses. Nevertheless, from the context, quoted factual examples, authorial explanations, the manner and the selection of arguments, in many crucial questions the originality of which is ascribed only to Malinowski, a more primordial source can easily be indicated. Obviously, this ”source” was not only of the authorship by Stanisław Estreicher, who is intentionally given such extensive exposure, on the basis of licentia discutionis, as if he had been the only one.

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