Bronislaw Malinowski's Concept of Law
This book discusses the legal thought of Bronislaw Malinowski (1884-1942), undoubtedly one of the titans of social sciences who greatly influenced not only the shape of modern cultural anthropology but also the social sciences as a whole. This is the firs
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ronislaw Malinowski's Concept of Law
Bronislaw Malinowski’s Concept of Law
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Mateusz Ste˛pien´ Editor
Bronislaw Malinowski’s Concept of Law
Editor Mateusz Ste˛pien´ Department of Sociology of Law Jagiellonian University Krakow, Poland
ISBN 978-3-319-42024-0 ISBN 978-3-319-42025-7 DOI 10.1007/978-3-319-42025-7
(eBook)
Library of Congress Control Number: 2016954318 © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland
Preface
Bronislaw Malinowski is undoubtedly one of the titans of modern social sciences. It is impossible to underestimate his impact on a number of disciplines beyond social anthropology, including linguistics, religion, sociology or Cultural Studies, to name a few. Scientific legacy of Malinowski was mostly well-preserved and documented, as well as widely discussed—his works of magic, language, kinship, family, or religion became the subject of numerous studies. Moreover, his meta-conceptions (e.g. functionalism, cultural determinism) strongly influenced the debates on the way of practicing social science and mutual relationship between culture and biology. In broader terms, the importance of Malinowski’s ideas exceeds the scope of social anthropology and it constitutes a part of the common heritage of social sciences. Against this background, it is astonishing how little attention was paid to Malinowski’s legal conceptions. Without a doubt, the author of Argonauts was popular and is still quoted among anthropologists interested in law. But even among them his legal thought has not been accurately reconstructed; hence, it may look unintelligible or even incomprehensible for readers (for which Malinowski is partly to blame). It is also important to note that Malinowski’s legal thought has never been considered significant or tru
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