Law after Anthropology: Object and Technique in Roman Law. (March 2014)

• Record Type: Journal Article
• Authors: Pottage, Alain
• Editors: Copeman, Jacob; Street, Alice
• Is Part Of: Theory, culture & society. Volume 31:Number 2/3(2014:Mar./May)
• Page Start: 147
• Page End: 166
• Publication Date: 2014-03
• Subjects: analogy -- contextualization -- law and anthropology -- Roman law; Social sciences -- Periodicals; 301.05
• DOI: 10.1177/0263276413502239
• Languages: English
• ISSNs: 0263-2764

Abstract

Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of 'law and society', or 'law in context'. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on 'law itself', on what Annelise Riles calls the 'technicalities' of law. How might the legal scholar be inspired by this approach? In this article, I explore one possible way of approaching law after anthropology, which is to find within law's own archive a set of resources for an analogous representation of law itself. Drawing on the historical scholarship of Yan Thomas, I suggest that the Roman conception of law as object offers an engaging counterpart to the anthropological take on law as a specific set of tools or, technicalities, or as a particular art of making relations.