Tutorial Worksheet No. 4: from stateless society to state; legal pluralismThis Worksheet consists of Parts I and 2. Part 1 relates to the topic of Lecture No. 7; part 2 relates to the topic of Lecture No. 8.PART 1: From Stateless Societies to States – The Anthropology of LawObjective and IntroductionThis tutorial exercise is designed to stimulate you to think about some of the fundamental issues relating to the nature of the state and the rise of the state - the transition from a stateless society to a society in which a state exists.One of the major characteristics of law (in both stateless societies and societies in which a state exists) is the socially approved imposition of physical coercion on persons who fail to comply with legal norms. In societies organised in the form of a state, the power and authority to try cases, render judgments and administer sanctions or punishment are vested in persons like the king or his officials (rulers).These persons are the law and order specialiopinion may be a more severe one than some othersorts of sanctions.o Peer groups: social pressure of that membersDomestic kinshipPeople are relatives to one another, close relationships work in a cooperative wayRelated because of common ancestors or marriageReciprocity is the main means of exchange, e.g. Gifting in times of needLess incentive to behave in a way that may harm peopleEqual and easy access to the natural resources (*little private property and EQUALITY)Two main kinds of crime in the modern societyo Crime against the body of a person e.g. murder, rapeo Crime against propertyClasses and hierarchy in modern societyo Lower class are bound to be discontentedo Upper class would like to enrich themselvesThis was relatively rare in the pastLittle incentive to commit crime(stateless societies , like the tribal societies are more like to be more equal)Two common practices in maintaining the order (by social institutions)Song duels (p.4)o Typical dispute: two men fighting for a woman.(Political power)o Chief does not have sufficient power to compel obedience or impose punishmentConditions:o Population increase-Public opinion would be inefficient-Require law and coercive force to compel obedience and maintain social order-Partly a result of increase in agricultural productivity (than hunter-gathersocieties), as more population can be fed emergence of stateo Intensive agriculture-Technological innovation of human being-Means of irrigation for the soil-Calendar, seasons, climate changes, seeds etc.-Primitive people have a low technological level as they have not yetaccumulated knowledge, Hunter-gather societies are inefficient in obtaining lifesustaining resourceso Circumscription-Refers to environment being circumscribed / limited geographical factor, fertileriver valleys are often circumscribed (e.g. surrounded by mountains or deserts)- Not easy to leave the group ->increase in population density-Neighbouring societies the formation of secondary states after pristiciety, most important ways of controlling thoughts are mass media and education.o Media provides entertainment so people would be distracted from challenging theexisting political system.o Good example: National education in Hong Kong in 2012 (political indoctrination orbrain-washing).o Degrees of thought control are different in different countries.o It is controversial whether religion is a kind of thought control or not. Marx thought itIs.Brain washing6Professor Harris discusses the concepts of “class” and “power” at pages 29-30 the Reading. Can you show how concepts of class and power may be used to discuss the present-day society of Hong Kong?In a state, there is a particular system of social order usually involves the division of the societyinto different social classes.- There are great inequalities in different classes in terms of wealth,power and education level. Lower classes may try to rebel the social system.Economic capital:-Income and wealth determine the class. (Main fac on the very nature of thecomparative project>>Difficulties in the biliary distinction of legal and illegal?---------BenefitsBeginning of P.95: first paragraphI. Move away from “legal centralism”The focus of lawyers’ attention shifted and created openness tosocial theory by releasing for legal scholars.II. Prompt important discussions on “boundary” questionsIII. Lead to re-appraisal of earlier discussionsBy rediscovering the subversive power of suppresseddiscoursesIV. not longer a commentary role of the lawyers, open up a rolein social sciences2. What must law be associated with, and what are the main characteristics that combine to form law?- Must be associated with the state to eliminate the uncleardefinition of legal pluralism-history? P.98-lawyersP.105-he emphasised law is about state law, cant broaden the concept oflaw1P.99 first quotation: Why is it so difficult to find a word for nonstate law? It is clearly difficult todefine and circumscribe these forms of ordering. Where do weted
