UNIVERSITY OF INDONESIA
FACULTY OF LAW
STUDY PROGRAM: LAW, SOCIETY AND DEVELOPMENT
Teaching subject
Code
Periode of time
Day
: Anthropology of Law
: LWMP601201
: February-June 2015
: Monday, 11.00- 12.40
TEACHERS:
Prof. Dr. Sulistyowati Irianto MA (SI)
Dr. Lidwina Inge Nurtjahyo, SH, MA (LIN)
Objectives:
The objectives of this teaching subject is to understand:
1. The significance of studying legal anthropological perspective for legal scholar to understand law.
2. The construction of law in socio and political context, and how does law work in daily life of society.
3. Contribution of theoretical and methodological approaches in anthropology to understand law in such broader
meaning
Synopsis:
This lecture focuses on contribution of anthropological approach to legal studies. Law as text cannot be understood as
neutral and objective and isolated from society. The society member can perceive law differently in line with their social
and cultural background, economic and political context. Society has capacity to create and apply their own rules relating
their needs to maintain social order.
Among many legal scholars it raises awareness that legal studies that merely study law in “black letter perspective”
(legalistic thinking way) does not have enough capacity to explain how law is constructed and implemented by actors.
Legal anthropological approach place law interconnected with social, political, economic and cultural background.
Some theoretical concepts and methodological approaches will be introduced, and it is followed by themes and practical
issues studied in legal anthropology like critical perspective on law, legal pluralism, dispute settlement, legal development,
and access to justice.
Legal pluralism as classic and modern approach will be studied more, as this approach has been developed and
dominated legal anthropological field of study.
CRITERIA OF EVALUATION:




.
30% from midterm exam, 40% from final exam and 20% daily activities like discussion and critical review, the rest 10
% will be the presence
Each group will make a review paper and present it, then the next group will discuss the reviewed paper.
midterm exam will be conducted in the form of essay
final exam is completed by doing and writing (small scale) research report and completed by documentation (photos or
video)
Course
1
2
3
Subject
Introduction to
Legal
Anthropology
The history and
scope of legal
anthropology
Main concepts in
legal
anthropology
Objectives
1. To raise awareness on
the importance of
studying anthropology of
law to understand law
2. To understand the
difference between
legalistic thinking of law
and anthropological
/cultural perspective
3. To understand
interdisciplinary approach
to law
Method
Lecture
and
Discussion
To understand legal
anthropological studies in the
early of its history,
approaches, and themes and
how it progress in modern
time.
Lecture
and
discussion
To understand main
concepts in legal
anthropology, law in cultural
perspective
Lecture
and
discussion
Lecturer
LIN
Reference
Mark D West. “Losers:
Recovering Lost Property in
Japan and the United States”.
Law & Society Review, Volume
37, Number 2 (2003)
r 2003 by The Law and Society
Association.p. 369-424.
Macaulay, Stewart dan Laurence
Friedman, John Stookey. Law
and Society: Readings on the
Social study of Law. US: W.W.
Norton & Company, Inc. Page. 118.
SI
Donovan, James, Anthropology of
law: An Introduction. UK: Altamira
Press 2008
Benda-Beckmann, in Ihromi,
Bunga Rampai Antropologi
Hukum. Yayasan Obor Indonesia
LIN
Moore, Sally F, Early Themes that
Reappear in new Form in Moore,
SF (ed), Law and Anthropology ,
Blackwell, 2005, p 5-53
Course
4
Subject
Legal Pluralism in
classical view
Objectives
To understand legal
pluralism as concept and its
critique against legal
centralism
Method
Lecture
and
discussion
Lecturer
LIN
Reference
K Benda-Beckmann, Traditional
Law and Values in Tai Societies
in Tai Culture International
Review on Tai Cultural Studies
F & K Benda-Beckmann, Griffiths,
Introduction in F& K BendaBeckmann & Anne Griffiths (eds)
in Mobile People Mobile Law,
2005. Page 1-26.
Tamanaha, Brian, Understanding
Legal Pluralism: past to present,
local to global, 30 Sydney L. Rev.
375 (2008)
5
Legal Pluralism
in modern
perspective
To understand the issues of
Legal Pluralism and global
world
Lecture
and
discussion
SI
Moore, Sally F, the Large Scale:
Pluralism, Globalism, and the
Negotiation
of
International
disputes, in Moore Sally F, Law
and Anthropology: A Reader,
Blackwell, 2005, p 303-342
F&K Benda-Beckmann and Anne
Griffith.
“Space
and
Legal
Pluralism:
An
Introduction”.
Spatializing Law. Page.1-30.
Irianto, Sulistyowati, Pluralisme
Hukum
Modern
dalam
Sulistyowati Irianto, Hukum yang
Course
6
Subject
Research
Methodology
Objectives
To understand socio-legal
research method
Method
Lecture
and
discussion
Lecturer
Reference
Bergerak, YOI, 2010
SI
Flood,
John.
“Socio-Legal
Research” in Banakar & Travers,
Theory and Method in SocioLegal Research, 2005. US and
Canada: Hart Publishing.
Banakar, Reza and Max Travers
“Law, Sociology and Method” in
Banakar & Travers, Theory and
Method in Socio-Legal Research,
2005. US and Canada: Hart
Publishing.
7
Research
Methodology
To understand ethnography
of law
Lecture
and
discussion
LIN
Seneviratne, Mary. “Researching
Ombudsman” in Banakar &
Travers, Theory and Method in
Socio-Legal Research, 2005. US
and Canada: Hart Publishing.
Page.161
Griffith,
Anne.
“Using
Ethnography as a Tool in Legal
research: An Anthropological
Perspective” in Banakar &
Travers, Theory and Method in
Socio-Legal Research, 2005. US
and Canada: Hart Publishing.
Page.
Course
8
9
Subject
Dispute
Settlement
Law, Boundaries
and Property
Objectives
To understand dispute
settlement as an unending
theoretical and practical
issues
To understand dispute
settlements on boundaries
and property issues
Method
Lecture
and
discussion
Lecture
and
discussion
Lecturer
Reference
Lidwina Inge, Etnografi Hukum
dalam Sulistyowati Irianto, Hukum
yang Bergerak. YOI, 2010
LIN
Moore, Sally F, the early classic
of legal Ethnography: the real
thing-field work on law, rules,
cases and disputes in Moore, SF
(ed), Law and Anthropology ,
Blackwell, 2005, p 65-100
LIN
Felstiner; “The Emergence and
Transformation
of
Disputes:
Naming, Blaming, Claiming”. Vol
15, no 3/4 , 1980-1981, p.631654.
Bloomley N. “The Boundaries of
Property: Lesson from Beatrix
Potter.”
The
Canadian
Geographer No.2 (2004) p.91-100
West,
Mark
D.
Losers:
Recovering Lost Property in
Japan and the United States.
10
From Legal
Development to
Access to Justice
for Women and
the Poor
To understand justice pro
poor and women
Lecture
and
discussion
SI
Inneke van de Meenee dan
Benjamin van Rooij. “access to
justice and legal empowerment:
makin the poor central in legal
development ccoperation”
Course
Subject
Objectives
Method
11
From Legal
Development to
Access to Justice
for Women and
the Poor
To understand how poor and
women access justice
Lecture
and
discussion
Lecturer
SI
Reference
Carother, Thomas. “The Rule of
Law Revival” in Promoting the
Rule of Law Abroad. Page.3-13.
Bedner, Introduction in Bedner
and Berenschot
Surya Tjandra & Widodo dalam
Bedner and Berenschot
Sulistyowati
Irianto,
Akses
Keadilan & Migrasi Global, YOI
2011
Policy Brief Migrant Worker IDRC
12
13
14
Discussing
research
progress
Discussing
research progess
Final Examination
LIN
LIN
SI & LIN