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Oral Legal Traditions of Gypsies and Some American Equivalents

Oral Legal Traditions of Gypsies and Some American Equivalents WALTER O. WEYRAUCH Oral Legal Traditions of Gypsies and Some American Equivalents CONTENTS PREFACE 407 I. OBJECTIVES OF STUDYING GYPSY LAW 410 II. ETHICS OP UNCOVERING FACTS MEANT TO B E SECRET .. . 419 III. POWER OF GYPSY WOMEN 427 IV. APPLICATION OF ANTHROPOLOGICAL INSIGHT TO AMERICAN LAW 435 A. In Metropolitan County Court 436 B. In United States Supreme Court 437 PREFACE The significance of tribal law for comparative law is not com­ monly stressed. To th e extent tha t comparisons remain on th e level of legal cultures that are historically and politically closely allied to each other, even though they are in appearance "different," an ele­ men t of unconscious ethnocentrism cannot be eliminated. We tend to compare legal cultures with whose reasoning and results one can identify. The closeness of th e parallels, while full identity is missing, tend s to b e experienced as stimulating. Yet th e occasional forays into legal cultures tha t are "radically different" may be more fascinating and jurisprudentially and even practically rewarding. This will be­ come increasingly apparent as my discussion of Gypsy law and Amer­ ican equivalents proceeds. Indeed, as the extraordinary importance of oral http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Oral Legal Traditions of Gypsies and Some American Equivalents

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References (10)

Publisher
Oxford University Press
Copyright
© 1997 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840856
Publisher site
See Article on Publisher Site

Abstract

WALTER O. WEYRAUCH Oral Legal Traditions of Gypsies and Some American Equivalents CONTENTS PREFACE 407 I. OBJECTIVES OF STUDYING GYPSY LAW 410 II. ETHICS OP UNCOVERING FACTS MEANT TO B E SECRET .. . 419 III. POWER OF GYPSY WOMEN 427 IV. APPLICATION OF ANTHROPOLOGICAL INSIGHT TO AMERICAN LAW 435 A. In Metropolitan County Court 436 B. In United States Supreme Court 437 PREFACE The significance of tribal law for comparative law is not com­ monly stressed. To th e extent tha t comparisons remain on th e level of legal cultures that are historically and politically closely allied to each other, even though they are in appearance "different," an ele­ men t of unconscious ethnocentrism cannot be eliminated. We tend to compare legal cultures with whose reasoning and results one can identify. The closeness of th e parallels, while full identity is missing, tend s to b e experienced as stimulating. Yet th e occasional forays into legal cultures tha t are "radically different" may be more fascinating and jurisprudentially and even practically rewarding. This will be­ come increasingly apparent as my discussion of Gypsy law and Amer­ ican equivalents proceeds. Indeed, as the extraordinary importance of oral

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 1997

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