Ethnographic legal studies: reconnecting anthropological and sociological traditions

Legal anthropology and legal sociology have much in common. Traditionally, however, these approaches have tried to maintain disciplinary boundaries toward each other. Latest since the 1990s, these boundaries have become more and more porous and the academic practices of boundary-making do seem to convince practitioners of these fields less and less. The recent emergence of a subfield of the anthropology of the state situated at the interface of legal anthropology, legal sociology, ethnographic studies of bureaucracies and organizational sociology attests to this development. In this introduction, we propose to consciously transgress the traditional boundaries between legal anthropology, legal sociology and the anthropology of the state when it comes to the ethnographic investigation of official law. Based on the contributions to this special issue—consisting of empirical articles and commentaries—we map several avenues for boundary transgressions and the theoretical reconceptualizations these may engender. Among them are: looking at legal institutions of the state as practicing both informal formality and formal informality; moving from socio-spatial metaphors to investigating official law-places and -spaces as ethnographic objects; and studying norm-making within official law as a wider field of practice

Affect and Emotion in Courtroom Talk

In The Prosecutor v. Ahmad Al Faqi Al Mahdi, the International Criminal Court tried the destruction of UNESCO World Heritage sites as a war crime for the first time. In this case, the value of things in relation to the value of persons became the central issue. Based on courtroom ethnography conducted during the proceedings and informed by affect and emotion research, this article identifies the rhetorical practice of sentimentalizing persons and things as an important process of legal meaning-making. Through sentimentalizing, all parties rhetorically produce normative arrangements of bodies by way of emotionally differentiating the relevant persons, things, and other entities from and affectively relating them to each other. Sentimentalizing provides an affective-emotional frame in which to determine the degree of guilt and innocence, justice and injustice

Die Klimaanlage des bürgerlichen Selbst: Rezension zu "Bürgerliche Kälte: Affekt und koloniale Subjektivität" von Henrike Kohpeiß

Henrike Kohpeiß: Bürgerliche Kälte: Affekt und koloniale Subjektivität. Philosophie & Kritik, Bd. 2. Frankfurt am Main: Campus Verlag 2023. 978-3-593-51710-

Toward a comparative anthropology of activism: activist identity formations in Germany and Uganda

There is an ongoing debate in anthropology on the kinds of subject positions activists ascribe to the marginalized actors they encounter and the political consequences this brings about. Drawing from ethnographic research on refugee activism in Germany and transitional justice activism in Uganda, we revisit the respective debates on humanitarian activism, human rights activism, and political activism and argue to reframe the analysis. Instead of looking for the “right” subject position activists should ascribe to the people they engage with, the anthropology of activism should embrace a research approach that looks at the material conditions, in which activists and their subjects find themselves in and the kind of agency they are able to develop within these conditions

Weaving the threads of international criminal justice : The double dialogicity of law and politics in the ICC al-Mahdi case

In this paper, we examine the international criminal trial of Ahmad al-Faqi al-Mahdi, a Malian Islamist who appeared before the International Criminal Court (ICC) in The Hague, charged with the destruction of Islamic shrines during the 2012 jihadist occupation of Timbuktu. Our objective is to analyze the al-Mahdi case as a dialogical network (the destructions occurred in the context of an asynchronous, translocal, press-mediated exchange between jihadists and the international community) and as an event unfolding at a dialogical site (when the commander responsible for the destructions was referred to the ICC four years later). These two dialogical orders exist largely independent of each other but are at crucial points also partly entangled. We conclude by pointing out the relevance of this ‘doubly dialogical’ approach to the broader field of sociolegal studies of international criminal justice.peerReviewe

The Politics of Affective Societies

Many claim that political deliberation has become exceedingly affective, and hence, destabilizing. The authors of this book revisit that assumption. While recognizing that significant changes are occurring, these authors also point out the limitations of turning to contemporary democratic theory to understand and unpack these shifts. They propose, instead, to reframe this debate by deploying the analytic framework of affective societies, which highlights how affect and emotion are present in all aspects of the social. What changes over time and place are the modes and calibrations of affective and emotional registers. With this line of thinking, the authors are able to gesture towards a new outline of the political