By Mateusz Stępień
This ebook discusses the criminal considered Bronislaw Malinowski (1884-1942), certainly one of many titans of social sciences who vastly motivated not just the form of recent cultural anthropology but additionally the social sciences as a complete. this is often the 1st finished paintings to target his criminal conceptions: whereas a lot has been written approximately his perspectives on language, magic, faith, and tradition, his perspectives on legislations haven't been relatively reconstructed or recapitulated. a look on the present literature illustrates how little has been written approximately Malinowski’s figuring out of legislation, specially within the criminal sciences. This turns into much more obtrusive given the truth that Malinowski committed a lot of his scholarly paintings to learning legislations, in particular within the final interval of his existence, within which he carried out large study on legislation and “primitive jurisprudence”. the most target of this ebook is to handle this hole and to offer intimately Malinowski’s options on legislations.
The publication is split into components. half I focuses mostly at the influence that works of 2 individual professors from his alma mater (L. Dargun and S. Estreicher) had on Malinowski’s felony concepts, whereas half II reconstructs Malinowski’s inclusive, huge and multidimensional figuring out of legislation and gives new readings of his criminal conceptions regularly from the viewpoint of reciprocity. The e-book deals a clean examine his perspectives on legislations, paving the best way for additional stories on felony matters encouraged by way of his methodological and theoretical achievements. Malinowski’s figuring out of legislation presents a wealth of fodder from which to formulate attention-grabbing study questions and a high-quality origin for constructing theories that extra correctly describe and clarify how legislation capabilities, in accordance with new findings within the social and ordinary sciences.
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Extra resources for Bronislaw Malinowski's Concept of Law
The profession of a scientist shares a lot with crafts; one develops his own manner of performing the job in the process of acquiring knowledge from his masters. Therefore, also scientists have their own “masters” who shaped them indirectly— exclusively by their works, without any form of personal contact, often being simply impossible. Many a time, however, we can find examples of masters influencing their “disciples” directly, by personal contact. Such an influence is equal or even stronger than the indirect one.
Shaping the reality of culture” existing in social reality, whose discovery: “is and shall be the scientific task of ethnology” (Malinowski 2001, p. 5). Stanisław Estreicher “managed” to find the solution to this dilemma (of difficult to explain convergences and, equally difficult in this aspect, “unexplainable” cultural varieties) in a very modern, Weberian one could say, way. It seems best to quote his words: “(. ) it is not consistent with the basis of the comparative direction to construct a scheme of development different for each of societies; assumedly, the scheme achieved for one nation can also be applied in the understanding of development (.
It also refers to those eminent scientists from whom Stanisław Estreicher himself derived his knowledge and patterns of scientific activity, including Lotar Dargun, and, as it turns out, especially from Leon Petraz˙ycki (Kurczewski 2012, pp. 64 and next). While taking the first step in that direction and leaving the decision on the relevance of the above conviction to a reader, let us try to trace back the main assumptions of the scientific activity conducted by Stanisław Estreicher. 4 Naturalistic Assumptions Naturalism, often confused with organicism, was undoubtedly the essential ontological assumption of Stanisław Estreicher (1901, pp.
Bronislaw Malinowski's Concept of Law by Mateusz Stępień