Course Syllabus - AN243
Course Syllabus - AN243
Anthropology Program
Course Syllabus
Winter, 2021
I acknowledge that in Kitchener, Waterloo, Cambridge and Brantford we are on the traditional
territory of the Neutral, Anishnawbe and Haudenosaunee peoples.
Calendar Description
An introduction to the anthropology of law, its comparative and cultural dimensions, the changing
dynamics of law and the practical applications of anthropological insights in the resolution of
cultural and legal rights issues in contemporary societies.
Course Description
Law is an aspect of social life that requires as much study and emphasis as other areas of
anthropological research and interests. The intellectual foundations of the subfield of legal
anthropology can be traced to the works of 19th century legal scholars and to the philosophical
traditions preceding them. Since its inception as a distinct sub-field in the 20th century, the focus of
legal anthropology has shifted from a consideration of dispute resolution and the normative order
in primarily non-western and tribal societies, to include a much wider geographical area and fields
of action covering national and transnational contexts. Along with the rich local traditions and the
customary, non-formal laws of diverse cultures and their contemporary hybrid forms,
anthropologists now study legal issues in relation to many distinct groups such as diasporas,
migrants, refugees, prisoners, genders, and indigenous communities and their relationship with
modern states. Anthropologists have also turned their attention to legal pluralism in its classical
(under colonialism) and new forms (i.e., multicultural interlegality and/or hybridity), to human
rights, intellectual property rights, trade and commerce, religious laws, multicultural rights and the
use of law in culture defense cases among others.
1
The study of law within anthropology has evolved to include the relationship of law to wider
systems of social relationships and to engage with the shifting relations of power and inequalities
within political, social, and global contexts. As it stands, the study of law within anthropology
takes an intersectional approach to social and cultural issues, while traversing the boundaries of the
sub-fields of social anthropology and other social science disciplines. Anthropology’s contribution
to the social sciences lies in providing a comparative and cultural focus to the changing and
dynamic field of law and its many dimensions, including the practical applications of
anthropological insights to legal proceedings and the resolution of cultural and legal rights issues.
Course Objectives
Learning Outcomes
1. Demonstrate a holistic understanding of law and its relationship to society and culture
2. Employ a cross-cultural approach to law as norms and processes and its operation in local
and cross-cultural and transnational contexts
3. Explore the use of law as a mechanism for anthropologists to encounter and engage in
social issues (i.e., human rights, social movements, citizenship, gender, biotechnology
etc.)
4. Examine the practical applications of anthropological methods and insights to the
resolution of such social issues
5. Acquire analytical and critical thinking and writing skills based on assigned writing
assignments, group discussions and written tests
Expectations. Students must:
2
•Produce independent scholarly writing and complete all the assignments by the deadline
dates provided
Required Course Material Text: Falk Moore, Sally (ed.) 2005. Law and Anthropology: A
Reader. Blackwell Publishers. Available at the WLU bookstore.
You can access these items on ARES via MyLS. Look for the readings under COURSE
RESERVES. All the readings are available electronically. Readings on reserve are marked with
an *in the reading schedule below.
Films: Please watch the film: “Outlawed in Pakistan” as part of an individual exercise to be
submitted to the drop box by February 4 by 9 pm. The drop box is open for submission from
January 12-February 4. Please watch it on Omni https://ocul-
wlu.primo.exlibrisgroup.com/permalink/01OCUL_WLU/16h6n2s/alma9953313153705156
3
https://fod-infobase-com.libproxy.wlu.ca/p_ViewVideo.aspx?xtid=58678&tScript=0
4
Reading Schedule
The readings for this course are from the Sally Falk Moore Reader as well as the articles
on ARES. Articles on ARES will be marked* on the reading schedule.
Part One
Setting the Legal Context: Law and Anthropology
Introduction
Reader: Sally Falk Moore. General Introduction: What is an Anthropological Approach to Law,
pp. 1-4.; Reading 28: Certainties Undone: Fifty Turbulent Years of Legal Anthropology,
1949-1999, pp.346-362.
Individual Exercise: Students will complete an exercise on the reading by Sally Falk Moore
(Reading 28). The reading grid exercise has been posted on MyLs under ‘Tests and
Assignments’. 1. Read the chapter; 2. Fill in the columns in the reading grid provided; 3.
Submit to the appropriate drop box on MyLs by January 25 by 9 pm. This exercise will
contribute to your participation marks.
Reading 1 to 5: covers Plato, Augustine, Aquinas, Marx and Others (below), Asking What is
Morally Right: Essays on Natural Law, Ideal Law, and Human Law Cowan, Dembour and
Wilson, Culture and Rights, pp. 7-11.
5
Anthony Giddens, Modernity and Self Identity, pp. 50-52.
Reading 7: The Evolution from Irrationality to Rationality in Law. Max Weber: TheEconomy
and Social Norms, 53-58
Jurgen Habermas, The Theory of Communicative Action, 58-61
Richard Lempert and Joseph Sanders: The Heritage of Weber, pp. 61-62
Lawrence Rosen, Equity and Discretion in Modern Islamic Legal Systems, pp. 62-63.
February 11: Presentation by Dr. James Southworth from the Writing Services. Dr.
Southworth will be helping you with instructions for writing summaries; reflection pieces;
critical analysis of readings; and argumentative papers. Attendance is compulsory.
6
PART TWO
Property Disputes
Introduction
Rosemary Coomb. Reading 13: Objects of Property and Subjects of Politics, pp: 111-123
Lawrence Cohen. Reading 14: Where it Hurts: Indian Material for an Ethics of Organ
Transplantation, pp. 124-134.
Julio L. Ruffini. Reading 15: Disputing over Livestock in Sardinia, pp. 135-153.
John R. Brown. Reading 16. Consensus and Suspicion: Judicial Reasoning and Social
Change in Indonesian Society 1960-1994, pp. 154-170
7
Romanticism, The Enlightenment, and Lessons from Mauritious, pp. 306-12.
Francis Snyder. Reading 26: Governing Economic Globalization: Global Legal Pluralism and
European Law, pp. 326-329.
Laura Nader. Reading 27: Civilization and Its Negotiations, pp. 330-342
Richard Wilson*. 2000. Reconciliation and revenge in Post-Apartheid South Africa: Rethinking
Legal pluralism and Human Rights, Current Anthropology, 41(1): 75-87.
James M. Donovan*. 2008. The Culture Defence, Legal Anthropology, Lanham, New York,
Toronto, Plymouth, UK: Rowman and Littlefield Publishers, INC., pp. 216-230. (265)
Latif Tas*. 2013. One state, plural Options: Kurds in the UK. The Journal of Legal Pluralism and
Unofficial Law, Vol. 45, No. 2, 167–189.
Negotiating Identity
Reader: pp. 175-220
Introduction
Clifford Geertz. Reading: 17: Identity in Mashpee, pp:178-205.
Eva Darian-Smith. Reading 18: Locating a Reinvigorated Kentish Identity, pp. 206-218.
Maria Sapignoli*. 2008. Indigeneity and the Expert: Negotiating Identity in the Case of the
Central Kalahari Game Reserve, Law and Anthropology: Current Legal Issues, Michael Freeman
and David Napier (eds.), Oxford: Oxford University Press, pp. 247-268.
8
Week Eleven: March 30, April 1
Gender Justice
Anne Griffiths. Reading. 19. Academic Narratives: Models and Methods in Search of Meaning:
Gender and Justice in an African community, pp.221-243.
Sally Engle Merry. Reading 21. Rights, Religion and Community: Approaches to violence
Against Women in the Context of Globalization, pp. 245-262.
Srimati Basu*. 2012. Judges of Nomality: Mediating Marriage in the Family Courts of Kolkata,
India. Signs, 37(2): 469-492.
Assignment 3: Summary, Critical Analysis & Reflection: Option 2 Due on April 6 by 9
pm in the Drop Box
Week Twelve: April 6, 8
Jane Kaufman Winn. Reading 22: Relational Practices and the Marginalization of Law: Informal
Financial Practices of Small Businesses, pp. 266-277.
Bibler Coutin. Reading 23: Enacting Law through Social Practice: Sanctuary as a Form of
Resistance, pp. 278-288.
Janet Gilboy. Reading 24: Deciding Who Gets In: Decision Making by Immigration Inspectors,
pp. 289-301.
Synchronous (live) class sessions will be delivered in this course through a video conferencing
platform supported by the university [Zoom, Teams, Virtual Classroom]. The class will meet
every Tuesday and Thursday unless otherwise specified. Students can join and enter the room 10
minutes prior to class time. Students must be aware that the recording setting will be on prior to
and during lectures and discussions. Private conversations must be avoided to avoid recording of
these conversations. Mics must be muted except when you have a question. Please make sure
that you update your zoom so that you can access all the features for remote learning.
Wilfrid Laurier University uses a range of technologies to facilitate in-person and remote
instruction. Zoom is currently used for remote course delivery, including lectures, seminars,
and group office hours, which may be recorded, stored and shared through MyLearningSpace for
access access by students in the course.Steps have been taken to protect the security of the
9
information shared. For more information about Zoom and Office365 (including Teams), please
visit ICT’s Tech Support and Services page. Class sessions will be recorded with the video and
audio for the duration of the term. The recordings may capture your name, image or voice
through the video and audio recordings. By attending in these live classes, you are consenting to
the collection of this information for the purposes of administering the class and associated
course work. If you are concerned about the use or collection of your name and other personal
information in the class, please contact the course instructor to identify possible alternatives To
learn more about how your personal information is collected, used and disclosed by the
University, please see Laurier’s Notice of Collection, Use and Disclosure of Personal
Information.
For these course activities, students are permitted to turn off their cameras or use an alternative
name to maintain their privacy after they have confirmed this with their instructor. Student
personal information is collected and used in the course in accordance with University policies
and the Notice of Collection, Use or Disclosure of Personal Information. All exams and mid-
terms in the course that are conducted online will be proctored using only technologies approved
for assessment at Laurier as outlined on this page.
Tech support for students: Student ICT Resources. Instructions for navigating Zoom: Student
Zoom Instructions. Information related to online exams can be found at: Online Proctored
Exams
Lectures: Lectures will be held synchronously. There will be a question and answer period
during each lecture to answer questions and clarify material covered. Students will mute their
mics during lectures except when they are asking or answering questions. The chat functions
must be used for questions on lecture content which will be managed and monitored by the IA.
Attendance at lectures is compulsory.
Discussions: Students will be assigned to breakout groups on zoom. Discussions will begin after
the mid term (from week 6) and will be held on Thursdays unless otherwise announced. Students
will be notified of assigned questions and exercises based on the week’s readings beforehand to
ensure students come prepared. Each group will nominate a group director each week. The
director will take notes and submit the written document to the drop box by 9 pm the day of
discussion. This student will also assign a mark for each student based on their contributions to
the discussion (I will assign the final mark). A student who is absent from group discussions will
not be allowed to submit separate work at another time.
Participation: Marks will be based on student attendance, contributions to group discussions,
the quality of written work submitted by each group, and individual homework exercises. There
are no alterative exercises or assignments to make up missing discussions or exercises.
Assignment Submissions: The three short assignments, the two individual exercises and the
research paper must be submitted as a Word document to the appropriate Dropbox folder on
MyLearning Space by 9 pm on the deadline dates. The electronic copy of your assignments will
then be checked for plagiarism using turnitin.com. The submission boxes will be accessible until
the until 9 pm on the deadline dates. Documentation Style: APA style. More information is
provided with the assignment instructions.
10
Late Assignments: Will be penalized 5% per day (including weekends) unless there is a
compelling or valid reason provided: 1. medical emergency or illness; 2. family crisis; 3.
religious observances (prior permission is required in the last case). Students must obtain prior
permission for an extension if the reason for requesting such an extension is not included as part
of the three reasons given above. An assignment that is handed late without prior permission
from me will be rejected.
Missed Tests: Students who miss tests will be given a mark of 0 (zero). Acceptable reasons for
missing the online test are the same as above. Please download the LOCKDOWN BROWSER
before the online MT. Instructions are on MyLS.
In the case of illness, please complete the Illness Self Declaration Form
(https://web.wlu.ca/illness/) if your illness is preventing you from completing course work. This
will register your illness with the Faculty of Arts in case you need to submit a petition request.
Examination Deferrals: Requests for exam deferral must be directed to the Dean’s office. The
academic date section of the calendar clearly states the examination date period for each
semester. Students must note that they are required to reserve this time in their personal
calendars for the examinations. Students who are considering registering to write MCAT, LSAT
or GMAT or a similar examination, should select a time for those examinations that occurs
outside the University examination period. For additional information that describes the special
circumstances for examination deferment, consult the University calendar.
University policy with regard to exam deferrals will be strictly followed. Please note that
'vacation', 'work', 'read schedule incorrectly' or 'forgot' date will not be accepted as reasons
for deferring an exam. Following university policy, medical reasons, family crises, examination
conflict and religious practice are valid reasons for exam deferrals. Valid documentation is
required. The same rules will apply in the case of the mid-term tests. Since requests for exam
deferrals must go through the Dean’s office, please do not email me or contact me about exam
deferral.
Bonus Marks: Up to 10 marks (2 marks each for the three short assignments and 4 marks for the
final research paper) will be awarded for submitting drafts of written work to WRITING
SERVICES for review. Proof of writing services visit (snapshot of draft with date, time and
comments) must be submitted along with your final draft to the drop box.
Writing Services: https://web.wlu.ca/studentsuccess/portal/. Dr. James Southworth from the
Writing Services will deliver a lecture on the four writing genres that are part of your course
assignments. He will co-host the class on February 11.
How online writing appointments work (From Writing Services)
• We use Microsoft Teams and Google Docs for online writing appointments.
11
Microsoft Teams
• We conduct writing appointments on Microsoft Teams. You do not need to download the
app beforehand (though you can). Prior to your appointment, you will receive an email
from the writing tutor you are working with. That email will include a link to a Teams
meeting. At the time of your appointment click on that link and you will be brought to the
session with the writing tutor.
Google Docs
• Prior to your appointment, please put the paper (and the assignment instructions if
possible) you are working on into Google Docs. Click on the "share link" tab and then
click on "can edit". You can then copy the link and paste that link into the chat when you
meet with the writing tutor in Teams.
MyLearning Space
Students are responsible for checking the site and their email regularly for announces, responses
and changes in dates etc.
Email Communication: Please communicate with me using the email on MyLs. You may use
email to get clarification on course issues or to ask brief questions. I will endeavor to provide a
response within 2 business days.
Email Etiquette: Please check university policy on MyLs on email communication with your
Professor and your peers. I would appreciate to be addressed as either Dr Philips or Professor
Philips in email communication and not as Mrs; Ms., or as you would address your peers.
Under Content
• Links to ARES course reserves: All the additional required readings can be found
here.
• Lecture Outlines&/or summaries
• Assignments and Tests: Instructions and deadline dates on tests and assignments
• Links to external news sources (useful and current news pertaining to the topics
covered in the course)
• News: Announcements and messages can be found under “News” Please check this
regularly for updates and announcements.
• Grades: Students can access their grades by using the ‘Grades’ tool in
myLearningSpace
• Information on Lockdown Browser
• Check the Calendar for deadline dates and exam schedules.
12
Use of cell phones: Research clearly shows that the use of cell phones can be distracting during
learning and also disrupt the learning of others. Cell phones must be turned off and out of sight
during zoom meetings.
Class Etiquette: The classroom must be treated as a safe space for student engagement with
difficult, sometimes sensitive and often controversial ideas. Respect for others’ views even if you
disagree is key for creating a beneficial intellectual environment.
University Policies
In the event that pandemic conditions require the University to make adjustments to course
delivery during the term, it may be necessary to alter course requirements. Students will be
provided with the necessary information as soon as is feasible under the circumstances.
For synchronous remote learning involving Zoom, and where permissible by the course
structure, students are encouraged to use technological supports such as virtual backgrounds and
the muting of audio and video feeds in order to protect the privacy of their virtual work
environment. You might also consider conducting a 360° scan of the workspace.
Academic Calendars: Students are encouraged to review the Academic Calendar for information
regarding all important dates, deadlines, and services available on campus.
Final Examinations: Students are strongly urged not to make any commitments (i.e., vacation)
during the examination period. Students are required to be available for examinations during the
examination periods of all terms in which they register. Refer to the Handbook on Undergraduate
Course Management for more information.
Academic Integrity: Laurier is committed to a culture of integrity within and beyond the
classroom. This culture values trustworthiness (i.e., honesty, integrity, reliability), fairness,
caring, respect, responsibility and citizenship. Together, we have a shared responsibility to
uphold this culture in our academic and non-academic behaviour. Students are expected to be
aware of and abide by University regulations and policies, as outlined in the current on-line
Undergraduate Calendar (see http://www.wlu.ca/calendars). The University has a defined policy
with respect to academic misconduct. You are responsible for familiarizing yourself with this
policy and the penalty guidelines and are cautioned that in addition to failure in a course, a
student may be suspended or expelled from the University for academic misconduct and the
offence may appear on their transcript. The relevant policy can be found at Laurier’s academic
integrity website along with resources to educate and support you in upholding a culture of
integrity.
Plagiarism: PLAGIARISM AND CHEATING WILL NOT BE TOLERATED. Wilfrid Laurier University
uses software that can check for plagiarism. If requested to do so by the instructor, students may
be required to submit their written work in electronic form and have it checked for plagiarism.
13
(Approved by Senate May 14, 2002). Severe penalties will be imposed in cases of plagiarism in
keeping the Academic Offences Rules.
Privacy of Information: Students’ names may be divulged in the classroom, both orally and in
written form, to other members of the class. With remote learning, students’ names will appear
during zoom classes. Students who are concerned about such disclosures should contact the
course instructor to identify whether there are any possible alternatives to such disclosures. All
grades are confidential and are only available to the student and the instructor. Grades cannot be
discussed with any third party. Therefore, quizzes, exams, and assignments can only be
collected by the student in question (not another student in the class, a friend, or a parent).
Accessible Learning: Students with disabilities or special needs are advised to contact Laurier’s
Accessible Learning Centre for information regarding its services and resources. Students are
encouraged to review the Calendar for information regarding all services available on campus.
International students may need specialized supports during the context of the pandemic.
Please refer them to Laurier's International Student Support (ISS)
team https://students.wlu.ca/student-life/international-student-
support/assets/resources/international-student-support-is-here-for-you-online.html
Copyright Statement: The educational materials developed for this course, including, but not
limited to, lecture notes and slides, handout materials, examinations and assignments, and any
materials posted to MyLearningSpace, are the intellectual property of the course instructor.
These materials have been developed for student use only and they are not intended for wider
dissemination and/or communication outside of a given course. Posting or providing
unauthorized audio, video, or textual material of lecture content to third-party websites violates
an instructor’s intellectual property rights, and the Canadian Copyright Act. Recording lectures
in any way is prohibited in this course unless specific permission has been granted by the
instructor. Failure to follow these instructions may be in contravention of the university’s Code
of Student Conduct and/or Code of Academic Conduct and will result in appropriate penalties.
Diversity and Equity Office: The Diversity and Equity Office is available should you have
questions or concerns involving equity, diversity, social justice or gendered violence. Contact
diversity@wlu.ca; https://students.wlu.ca/student-life/diversity-and-equity/index.html
Foot Patrol: 519.886.3668 Foot Patrol is a volunteer operated safe walk-home service, available
daily during evening hours. Teams of two radio-dispatched volunteers are available on request to
escort students to and from campus as well as to off-campus destinations. Foot Patrol operates
both a walk and van service, and can be found in the office on the ground floor of the Fred
Nichols Campus Centre.
Emergency Response Team: 519.885.3333 The Emergency Response Team provides on-call
medical assistance to students on campus. ERT operates Monday through Thursday, 3 p.m.-3
14
a.m. and Friday to Sunday 24 hours. ERT can also be booked for on-site event support by filling
out the online booking request form on their website. Operating on the Waterloo campus only.
Student Rights Advisory Committee: The Student Rights Advisory Committee exists to
provide you with information about your rights when it comes to landlord-tenant issues or
academic appeals. While in no way legal representation, it can help to inform you about your
options in order to make difficult situations easier to navigate.
Food Bank: The Food Bank provides food parcels in order to cater to the nutritional and dietary
needs of students. All students are eligible to use this service, regardless of circumstance or
financial situation. Request a package at foodbank.yourstudentsunion.ca. Food Bank also
carried out various initiatives throughout and during the year such as the weekly on-campus
Farmers’ Market and monthly Pancake Tuesdays.
Student Wellness Centre: The Waterloo Student Wellness Centre: 519-884-0710, x3146. The
Centre supports the physical, emotional, and mental health needs of students. Located on the 2nd
floor of the Student Services Building, booked and same-day appointments are available
Mondays and Wednesdays from 8:30 am to 7:30 pm, and Tuesdays, Thursdays and Fridays from
8:30 am to 4:15 pm. Contact the Centre at x3146, wellness@wlu.ca or @LaurierWellness. After
hours crisis support available 24/7. Call 1-844-437-3247 (HERE247).
Participation in this course constitutes an agreement by all parties to abide by the relevant
University Policies, and to respect the intellectual property of others during and after their
association with Wilfrid Laurier University.
15
16