By Mateusz Stępień
This e-book discusses the felony considered Bronislaw Malinowski (1884-1942), unquestionably one of many titans of social sciences who significantly stimulated not just the form of contemporary cultural anthropology but additionally the social sciences as an entire. this is often the 1st entire paintings to target his felony conceptions: whereas a lot has been written approximately his perspectives on language, magic, faith, and tradition, his perspectives on legislations haven't been relatively reconstructed or recapitulated. a look on the present literature illustrates how little has been written approximately Malinowski’s realizing of legislations, specifically within the criminal sciences. This turns into much more glaring given the truth that Malinowski committed a lot of his scholarly paintings to learning legislation, specially within the final interval of his existence, within which he carried out huge study on legislation and “primitive jurisprudence”. the most objective of this publication is to handle this hole and to offer intimately Malinowski’s concepts on legislation.
The e-book is split into components. half I focuses mostly at the influence that works of 2 distinctive 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 figuring out of legislation and offers new readings of his criminal conceptions in most cases from the point of view of reciprocity. The ebook bargains a clean examine his perspectives on legislations, paving the best way for additional stories on felony matters encouraged through his methodological and theoretical achievements. Malinowski’s knowing of legislation presents a wealth of fodder from which to formulate attention-grabbing examine questions and an excellent starting place for constructing theories that extra safely describe and clarify how legislation features, in keeping with new findings within the social and typical sciences.
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Extra resources for Bronislaw Malinowski's Concept of Law
The evolution of culture—and law—is diversified in terms of its pace and other features, but it is possible to “discover” some general models of the evolutionary development of law, common for all societies and epochs. 4. Anywhere, in any collectivity, law emerges together with the possibility of shaping laws and obligations by interested individuals, as a consequence of a certain degree and kind of the level of independence (”empowerment of individuals”) achieved by them. , contract) or a unilateral reaction of institution of the authority to external threats to the whole community or internal violations of the accepted order.
In Parsons’ most famous book, The Social System, Malinowski’s works are rarely cited, leading some scholars to conclude that Parsons was not significantly influenced by Malinowski (see Gerhardt 2002). However, it can be argued that Parsons’ entire theoretical project is based on premises and assumptions developed by Malinowski. In 1924, Parsons attended a course run by Malinowski at the London School of Economics, which he later recalled as having had a big impact on him (1957, p. 54). Clearly, it seems that Malinowski’s thoughts influenced Parsons to a much greater extent than it is commonly assumed.
To conclude, normative (legal) essentialism formulated by both of the scientists reveals the following convictions they shared: 1. Law, as a kind of regulations and normative institutions (”organizations”) empirically distinguishable, since the very beginning, accompanied all the organizational forms of human collectivity; it is present in primitive peoples in its “primitive” form, poorly developed, hence difficult to identify, but it still undergoes the process of evolution. 2. The evolution of law is the integral part of the evolution of a given culture.
Bronislaw Malinowski's Concept of Law by Mateusz Stępień