Folk Law: Essays in the Theory and Practice of Lex Non Scripta, Volume 1Alison Dundes Renteln, Alan Dundes 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. |
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Contents
What Is Folk Law? | 1 |
Custom in Classical Roman Law | 33 |
Custom as a Source of Law in India | 49 |
Some Realism About Customary LawThe West | 83 |
A Confusing Fiction | 111 |
The Common Law and Legal Theory | 119 |
An Approach to Customary Law | 141 |
Custom as a Source of International Law | 155 |
The Problem of Reducing Customary Laws to Writing | 319 |
Some Problems | 331 |
Problems | 339 |
The Conversion of Customary Law to Written Law | 351 |
Ersatz Customary Law | 367 |
The Expression of Folk Law in Folklore | 395 |
Legal Folklore of Children | 417 |
Property Distribution by Lot in PresentDay Greece | 433 |
Pioneers in the Study of Folk Law | 159 |
Indigenous and Foreign Influences on the Early | 187 |
Main Trends in German Ethnological Jurisprudence | 201 |
Methods and Theories of Dutch JuridicalEthnological | 231 |
Aspects of the Controversy on Customary Law in India | 251 |
J M Sarbah J B Danquah | 263 |
The Ascertainment of Folk Law | 283 |
The Judicial Ascertainment of Customary Law | 295 |
A Note on the Bedouin Image of Adl as Justice | 455 |
The EuroAmerican Trial as Expiatory Oral Ordeal | 473 |
Biblical and Cuneiform Law Codes | 495 |
Tibetan FolkLaw | 513 |
The Nature of Malay Customary Law | 539 |
Customs Connected with Homicide in Morocco | 569 |
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Folk Law: Essays in the Theory and Practice of Lex Non Scripta, Volumes 1-2 Alison Dundes Renteln No preview available - 1995 |