Topics in the Anthropology of Law

ANTH 242 | Fall 2021

Instructor: Ghazal Asif Office Hours: TBA

Course Description
Is the law really supposed keep you safe? What is a litigious society? Why do Pakistanis pray that loved
ones never see the inside of a court or kutchery? And just where does religion fit into all this? Join us
this semester to think about these big and small questions, and gain a global perspective on law, society,
and power. This course will examine the realm of law as an object of anthropological analysis. Rather
than relying on a pre-determined definition, we will interrogate the norms, rules, and processes which
govern various contemporary societies. Through an ethnographic focus on how societies create laws,
as well as how people engage with legal systems for settling disputes, we will learn about the social life
of law. We will also consider how forms of punishment, as well as ideas about justice and human
rights, continuously change and evolve. Drawing on a range of ethnographic, literary, and multimedia

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sources from across Asia, Africa, and the Americas, this survey course will introduce undergraduate
students to the anthropological study of law across cultures.

Course Objectives
In this course, students will learn to
1. Identify key historical and contemporary issues in the anthropological study of law.
2. Critically analyze debates about law, rights, and culture in their own surroundings as well as
other relevant contexts.
3. Assess and describe how hierarchies of power have shaped modern institutions of law across
societies.

Course Structure
This course is structured to meet twice a week. In the week’s first session, the instructor will give a
lecture introducing the week’s topic, followed by a breakout activity. This session will be asynchronous.
In the second, live/synchronous session, we will closely discuss the assigned texts using breakout
rooms and an established buddy-system to create small groups. We will discuss assigned class activities
in light of the readings. All students must come to each class having completed the assigned reading,
and are expected to participate in discussion. To succeed in the class, students must also complete the
class activities in small groups, and write a final term paper to demonstrate their grasp of assigned
texts. This class will be graded on an absolute grade, with rubric to be provided by the instructor.

COVID-19 Statement
This course has been redesigned to incorporate social distancing and safety measures in light of the
global pandemic. The physical and mental well-being of the students and our classroom community
is of paramount importance. Given that this is the fourth straight semester of online teaching, I will
understand if students require adjustments to accommodate Zoom fatigue; poor or variable Internet
access; power cuts and/or load-shedding; individual living situations; health and family circumstances;
mental health; and so on. We will endeavor to have a mix of synchronous and asynchronous classes
while still trying to retain a sense of community this semester. All students are strongly encouraged to
meet the instructor individually at least once and to participate in the classroom buddy-system that we
will set up to enhance learning while observing safety measures. Please do not hesitate to contact me
if you require further accommodation or any special requests.

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Academic Integrity
The strength of the university depends on academic and personal integrity. In this course, you must
be honest and truthful. Ethical violations include cheating on exams, plagiarism, reuse of assignments,
improper use of the Internet and electronic devices, unauthorized collaboration, alteration of graded
assignments, forgery and falsification, lying, facilitating academic dishonesty, and unfair competition.
Report any violations you witness to the instructor.

Classroom Climate
In this class we will actively work towards creating a classroom environment that values the diversity
of experiences and perspectives that all students bring. Everyone here has the right to be treated with
dignity and respect. Fostering an inclusive climate is important because research and personal
experience show that students who interact with peers who are different from themselves learn new
things and experience tangible educational outcomes. Note that you should expect to be challenged
intellectually by the instructor, the content of the readings, and your peers, and at times this may feel
uncomfortable. Indeed, it can be helpful to be pushed sometimes in order to learn and grow. But at
no time in this learning process should someone be singled out or treated unequally on the basis of
any seen or unseen part of their identity. If you ever have concerns in this course about harassment,
discrimination, or any unequal treatment, or if you seek accommodations or resources, you are invited
share directly with the instructor. Your communication will be taken seriously, your anonymity will be
safeguarded, and we will seek mutually acceptable resolutions and accommodations. Reporting will
never impact your course grade.

Course Requirements and Evaluation

1. Class Participation (15%)
Active participation in ongoing class discussion and activities is expected of all students
in order to obtain the class participation grade. Class participation will take place
during Zoom sessions as well as an MS Teams-based online chat. Class participation
will be judged on quality not quantity. Reference to specific passages in the assigned
readings when making your contribution to the discussion is encouraged, particularly
for chat-based contributions. Attendance for synchronous sessions is encouraged but
not mandatory.
2. Response Papers (12% + 12%)

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 Students will prepare two short, critical responses of 5 pages each, responding to
prompts from the instructor and synthesizing at least 2 different assigned texts. The
response papers should be posted on LMS in Times New Roman 12 pt. font, double-
spaced, before class time on the due date listed on the syllabus.
3. In-Class Activities (21%)
Students are required to carry out the short activities listed throughout the syllabus
either individually or in groups. The activities are designed to be carried out offline
and without needing classroom equipment. Students are strongly encouraged to share
the results of their activities with the class through presentations. Multi-media
presentations using power-points, videos, personal histories, or other creative avenues
to engage the material are encouraged.
4. Title and Abstract (10%)
A 20-sentence abstract of your final paper will be due in week 8. Students must
schedule an individual meeting with the instructor during the semester to discuss their
ideas for a final paper. The abstract should be posted on LMS in Times New Roman
12 pt. font, double-spaced, before class time on the due date listed on the syllabus.
5. Final Paper (30%)
Students will write a 10 page final paper, making use of class readings and discussions
to aid in their analysis on a topic of their choosing. Independent research is encouraged
but only with instructor’s prior approval. The paper will be an extension of the earlier
submitted abstract. It should be posted on LMS in Times New Roman 12 pt. font,
double-spaced. The paper must include a works cited or bibliography page at the end
(not included in overall word count). Citations in MLA or Chicago style. Grading
rubric to be provided.

Class and Reading Schedule

Introduction: Thinking Anthropologically about Law
Week 1: Film: Antigone (2019, Sophie Deraspe)
Class Activity: In groups of 3 to 5 students, come up with a list of what images, concepts, and ideas
come to mind when you think about the word “law”. Compile these. Based on your compilations,
how does your group define law? We will share all definitions with the class.

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Recommended Reading: Elizabeth A. Bobrick, “What the Greek tragedy Antigone can teach us about
the dangers of extremism,” The Conversation 2019

Module 1: Law and Everyday Life

Week 2: Pratiksha Baxi, “The Social Life of Law in India,” Contributions to Indian Sociology, 2019
Veena Das, “A Child Disappears”, Contributions to Indian Sociology, 2019
What are some of the ways in which awareness of law is present in ordinary life? We will think about the ways in which
law exists as a tangible, everyday concept in South Asia outside the places we might imagine it is limited to. We will
discuss how it can change modalities and appearances. How do we identify something as belonging to the realm of law?

Week 3: Janet Roitman, “The Ethics of Illegality in the Chad Basin,” in Comaroff and Comaroff (eds.)
Law and Disorder in the Postcolony, 2006
Michael Taussig, Law in a Lawless Land: Diary of a Limpezia, pp. 191-203
We continue to consider how something can be identified as belonging to the realm of law, by thinking about the absence
and contravention of law. What is illegality? What are the ways in which ordinary life can be thought of as legal or
illegal—or should it stand outside this binary?
Class Activity: In your group of 3 to 5 students, come up with a definition of “illegality”. Are illegal
and criminal identical concepts? Identify some of the ways in which our own lives in Lahore/Pakistan
navigate the boundaries and grey areas of legal/illegal. You are encouraged to present your groupwork
in creative ways with the class, including artwork, multimedia or videos, skits [videorecorded], or
anything else. Points for creativity.

Module 2: Complaints and Conflicts

Week 4: Katherine Lemons, “When Marriages Break Down, How Do Contracts Matter? Marriage
Contracts and Divorce in Contemporary North India,” in Kaur and Palriwala (eds.) Marrying
in South Asia, 2016
Brinkley Messick, “Contracts,” in Sharia Scripts: A Historical Anthropology, 2018
This week we consider contracts as a legal mechanism to resolve interpersonal disputes. Contracts are not just instruments
of formal state law but help regulate kinship and religious affairs. In this week we will use contracts to think about the
different kinds of law at work in these situations.
Response Paper 1 due

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Week 5: Sally Engle Merry, “Everyday Understandings of the Law in Working Class America,”
American Ethnologist, 1986
Max Gluckman, Ideas in Barotse Jurisprudence 1965, New Haven: Yale University Press, pp. 1-27
We will think further about dispute resolutions and interpersonal conflicts. How are complaints mediated? How are
disputes resolved? Does the existence of formal law require a specific arrangement of state power, and can law exist
without a sovereign state?

Module 3: Limits of the Law

Week 6: Film: I am not a Witch (2017)
Peter Geschiere, “Witchcraft and the Limits of the Law,” in Comaroff and Comaroff (eds.)
Law and Disorder in the Postcolony, 2006
This module turns to the limits of legal thinking. We consider forms of accusation, the pressures of evidentiary logic, and
the law’s dependence on secular reason to achieve unreasonable ends. Can law turn on those who seek to wield it? What
is the role of formal law in regulating religious beliefs that appear “irrational” or “informal” such as witchcraft practices?

Week 7: Salman Hussain, “Violence, Law, and the Archive,” PoLAR: Political and Legal Anthropology
Review, 2019
Maira Hayat, “Empire’s Accidents: Law, Lies, and Sovereignty in the ‘War on Terror’ in
Pakistan,” Critique of Anthropology, 2018
We think in this module about some unique particularities of law in Pakistan—especially the relationship of law to
history, the archive, and evidentiary reason in the context of imperialist violence and ongoing enforced disappearances of
“criminal elements”.

Module 4: Rules and Processes

Week 8: Matthew Hull, “Ruled by Records: The Expropriation of Land and the Misappropriation of
Lists in Islamabad,” American Ethnologist, 2008
Nayanika Mathur, “A Petition to Kill: Efficacious Arzees Against Big Cats in India,” Modern
Asian Studies, 2019
The realm of law has its own norms and practices. What are the ways in which law can be called upon—that is, how
do we appeal to the law, or bring it into our lives? What does law actually look like?
Class Activity: With your group, write a letter to the local authority for a legal problem in your ordinary
life that you have identified, that has no adequate law regulating it. Write a formal petition explaining

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the problem and asking for the authorities to look into the matter and create a new law to address this
major issue in your life. Letters will be shared with class.
Abstract and Title of Final Paper due

Week 9: Film: Court (2014, Chaitanya Tamhane)

Sally Engle Merry, “Courts as Performances: Domestic Violence Hearings in a Hawai’i Family
Court,” in Hirsch and Lazarus-Black (eds.) Contested States: Law, Hegemony, and Resistance, 1994
Recommended Reading: Justin Richland, “What Are You Going to Do with the Village’s Knowledge?”
Law and Society Review, 2005
This week we turn to the theater of formal law, i.e. the courtroom. How can thinking about court trials ethnographically
help us understand law as an object of analysis? What takes place between people in a courtroom through formal law?

Module 5: Human Rights and Secularism

Week 10: Film: The Right to be Forgotten
Annelise Riles, “Anthropology, Human Rights, and Legal Knowledge,” American Anthropologist,
2006
How do law and legal knowledge act on the human subject? What is the relationship of human rights and the law? And
what can anthropology offer either of them?
Class Activity: In class, we will have an informal debate on privacy laws in Pakistan. Students will be
divided into several groups for the debate and should do some research on their stance beforehand.

Week 11: Film: An Act of Love (2016, Scott Sheppard)

Mark Engel, “The Spirits Were Always Watching: Buddhism, Secular Law, and Social
Change in Thailand,” in Sullivan and Taussig-Rubeo (eds.) After Secular Law, 2011
Mary Ann Case, “The Peculiar Stake U.S. Protestants Have in the Question of State
Recognition of Same-Sex Marriages,” in Sullivan and Taussig-Rubeo (eds.) After Secular Law,
2011
In the beginning of the class we discussed briefly the relationship of religion to law, before moving into formal law. Global
norms of secularism presume that formal law is different from religious law. In this section we turn to the way they
continue to be entangled and inform each other through shared norms and stakes in justice.
Response Paper 2 due

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Module 6: Imagining Justice
Week 12: Film: The Beautiful City (2004, Asghar Farhadi)
Deborah Poole, “Between Threat and Guarantee: Justice and Community in the Margins of
the Peruvian State,” in Das and Poole (eds.) Anthropology in the Margins of the State, 2005
Shaw, Rosalind, “The Production of ‘Forgiveness’: God, Justice, and State Failure in Post-war
Sierra Leone,” in Clark and Goodale (eds.) Mirrors of Justice, 2009
Recommended Reading: Kamari Clarke, “Crafting the Victim, Crafting the Perpetrator,” in Fictions of
Justice, 2009
In our final module, we turn to the concept of justice and its variations across culture. How do people imagine a just
outcome? Can we always trust the legal institution to deliver justice—that is, are law, process, and justice intuitively
related concepts such that law can guarantee justice? If not, what else can real justice look like?

Week 13: Arzoo Osanloo, “The Measure of Mercy: Islamic Justice, Sovereign Power, and Human
Rights in Iran,” Cultural Anthropology, 2006
Anita Mittermaier, “Bread, Freedom, Social Justice: The Egyptian Uprising and a Sufi Khidma,”
Cultural Anthropology, 2014
In this class we bring together the tension between religious and state law that has been a recurring theme of the course in
order to understand norms of justice, and possibilities of creating a new, just society.

Summing Up / Revision
Week 14: Open Discussion
Recommended Reading: Clifford Geertz, “Local Knowledge: Fact and Law in Comparative
Perspective,” Local Knowledge, 1983 pp. 167-187
Final Paper due on last day of exam week