Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal Anthropology
The purpose of this article is to examine how nineteenth-century legal science conceptualized and dealt with otherness in law, with examples of legal phenomena such as ordeal and blood revenge to illustrate how the concept of legal rationality evolved in the early legal anthropology and how it still...
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| Format: | Article |
| Language: | fra |
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Association Clio et Themis
2019-02-01
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| Series: | Clio@Themis |
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| Online Access: | https://journals.openedition.org/cliothemis/611 |
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| author | Kaius Tuori |
| author_facet | Kaius Tuori |
| author_sort | Kaius Tuori |
| collection | DOAJ |
| description | The purpose of this article is to examine how nineteenth-century legal science conceptualized and dealt with otherness in law, with examples of legal phenomena such as ordeal and blood revenge to illustrate how the concept of legal rationality evolved in the early legal anthropology and how it still influences our understanding of legal otherness. It provides new insights on how, in the treatment of specific legal institutions, the ideas of reason and rationality could change as scholars used European medieval history to aid in the understanding of indigenous cultures. |
| format | Article |
| id | doaj-art-bb41d382f2f44498bbe8b52f23f39e03 |
| institution | DOAJ |
| issn | 2105-0929 |
| language | fra |
| publishDate | 2019-02-01 |
| publisher | Association Clio et Themis |
| record_format | Article |
| series | Clio@Themis |
| spelling | doaj-art-bb41d382f2f44498bbe8b52f23f39e032025-08-20T03:08:18ZfraAssociation Clio et ThemisClio@Themis2105-09292019-02-011510.35562/cliothemis.611Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal AnthropologyKaius TuoriThe purpose of this article is to examine how nineteenth-century legal science conceptualized and dealt with otherness in law, with examples of legal phenomena such as ordeal and blood revenge to illustrate how the concept of legal rationality evolved in the early legal anthropology and how it still influences our understanding of legal otherness. It provides new insights on how, in the treatment of specific legal institutions, the ideas of reason and rationality could change as scholars used European medieval history to aid in the understanding of indigenous cultures.https://journals.openedition.org/cliothemis/611ordeallegal anthropologyprimitivismlegal realismindigenous laweuro-centrism |
| spellingShingle | Kaius Tuori Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal Anthropology Clio@Themis ordeal legal anthropology primitivism legal realism indigenous law euro-centrism |
| title | Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal Anthropology |
| title_full | Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal Anthropology |
| title_fullStr | Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal Anthropology |
| title_full_unstemmed | Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal Anthropology |
| title_short | Law and Rationality: A Historiographical Investigation of the Understanding of Motivation and Human Agency in Early Legal Anthropology |
| title_sort | law and rationality a historiographical investigation of the understanding of motivation and human agency in early legal anthropology |
| topic | ordeal legal anthropology primitivism legal realism indigenous law euro-centrism |
| url | https://journals.openedition.org/cliothemis/611 |
| work_keys_str_mv | AT kaiustuori lawandrationalityahistoriographicalinvestigationoftheunderstandingofmotivationandhumanagencyinearlylegalanthropology |