- Introduction: Mapping the Field of Law and Anthropology
- Social Control through Law: Critical Afterlives
- Anthropology, Law, and Empire: Foundations in Context
- South African Legal Culture and its Dis/Empowerment Paradox
- The Ethnographic Gaze on State Law in India
- The Anthropology of Indigenous Australia and Native Title Claims
- Encountering Indigenous Law in Canada
- Russian Legal Anthropology: From Empirical Ethnography to Applied Innovation
- Indigenous Peoples, Identity, and Free, Prior, and Informed Consultation in Latin America
- Rule of Law and Media in the Making of Legal Identity in Urban Southern China
- Islam, Law, and the State
- Law and Anthropology in the Netherlands: From Adat Law School to Anthropology of Law
- Legal Uses of Anthropology in France in the Nineteenth and Twentieth Centuries
- Legal Ethnology and Legal Anthropology in Hungary
- The Anthropology of European Law
- Within and Beyond the Anthropology of Language and Law
- Law as an Enduring Concept: Space, Time, and Power
- Legalism: Rules, Categories, and Texts
- Legal Transfer
- Legal Traditions
- The Concept of Positive Law and Its Relationship to Religion and Morality
- Property Regimes
- Law & Development
- Rights and Social Inclusion
- Human Rights Activism, Sexuality, and Gender
- The Cultural Defence
- Cultural Rights and Cultural Heritage as a Global Concern
- Alternative Dispute Resolution
- Justice After Atrocity
- Kinship through the Twofold Prism of Law and Anthropology
- Environmental Justice
- Constitution Making
- Vigilantism and Security-Making
- The Normative Complexity of Private Security: Beyond Legal Regulation and Stigmatization
- Humanitarian Interventions
- Inequality, Victimhood, and Redress
- Anti-Discrimination Rules and Religious Minorities in the Workplace
- Transnational Agrarian Movements, Food Sovereignty, and Legal Mobilization
- The Juridification of Politics
- The Persistence of Chinese Rights Defenders
- The Problem of Compliance and the Turn to Quantification
- Law, Science, and Technologies
- Politics of Belonging
- Legal and Anthropological Approaches to International Refugee Law
- Norm Creation beyond the State
- Critique of Punitive Reason
- Global Legal Institutions
- Law as Technique
- Emotion, Affect, and Law
- Legal Pluralism in Postcolonial, Postnational, and Postdemocratic Times
Abstract and Keywords
In this chapter, we analyse a diversity of legal mobilizations by contemporary agrarian movements, from the creation of new human rights to direct participation in global food governance, the institutionalization of food sovereignty, civil disobedience, and peoples’ tribunals. Our main argument is that there is a need to expand the scope and methods of research in law and anthropology to account for the diversity of actors and alliances, their innovative legal strategies, the different scales, and the multiplicity of institutional and extra-institutional arenas in which transnational agrarian movements engage with the law in their struggles against capitalism and neoliberalism. To document and analyse social movement innovations, lawyers and anthropologists must engage with transnational, multidisciplinary, and transdisciplinary approaches, and critically reflect on their methods, roles, and positionalities as social actors involved in social justice struggles.
Keywords: transnational agrarian movements, food sovereignty, legal mobilization, legal strategies, human rights, vernacularization, litigation
Priscilla Claeys is Associate Professor in Food Sovereignty, Human Rights and Resilience at the Centre for Agroecology, Water and Resilience, Coventry University (UK). She received her Ph.D. in Political and Social Sciences from the University of Louvain (UCL) in 2013. From 2008 to 2014, she worked as a Special Advisor to Olivier De Schutter, the UN Special Rapporteur on the right to food. Her research areas include the right to food and food sovereignty, agrarian movements, global food governance, legal mobilization, and the creation of new human rights. She has published Human Rights and the Food Sovereignty Movement: Reclaiming Control (Routledge, 2015) and co-edited two books. Her research has notably featured in the Journal of Peasant Studies, Sociology, and Globalizations.
Karine Peschard is Research Associate at the Albert Hirschman Centre on Democracy, Graduate Institute of International and Development Studies (Geneva). Trained as an anthropologist, her research interests centre on intellectual property rights, agrobiodiversity, legal activism, peasant rights, and seed sovereignty, with a focus on Brazil and India. Her work has appeared in the Journal of Peasant Studies (JPS), the Canadian Journal of Development Studies, and the Annual Review of Anthropology, as well as in edited books. She is the co-editor of a Special Forum on Seed Activism (Journal of Peasant Studies, 2020), and the author of an ethnography of court challenges to intellectual property rights on biotech crops in Brazil and India (MIT Press, forthcoming 2022).
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- Introduction: Mapping the Field of Law and Anthropology
- Social Control through Law: Critical Afterlives
- Anthropology, Law, and Empire: Foundations in Context
- South African Legal Culture and its Dis/Empowerment Paradox
- The Ethnographic Gaze on State Law in India
- The Anthropology of Indigenous Australia and Native Title Claims
- Encountering Indigenous Law in Canada
- Russian Legal Anthropology: From Empirical Ethnography to Applied Innovation
- Indigenous Peoples, Identity, and Free, Prior, and Informed Consultation in Latin America
- Rule of Law and Media in the Making of Legal Identity in Urban Southern China
- Islam, Law, and the State
- Law and Anthropology in the Netherlands: From Adat Law School to Anthropology of Law
- Legal Uses of Anthropology in France in the Nineteenth and Twentieth Centuries
- Legal Ethnology and Legal Anthropology in Hungary
- The Anthropology of European Law
- Within and Beyond the Anthropology of Language and Law
- Law as an Enduring Concept: Space, Time, and Power
- Legalism: Rules, Categories, and Texts
- Legal Transfer
- Legal Traditions
- The Concept of Positive Law and Its Relationship to Religion and Morality
- Property Regimes
- Law & Development
- Rights and Social Inclusion
- Human Rights Activism, Sexuality, and Gender
- The Cultural Defence
- Cultural Rights and Cultural Heritage as a Global Concern
- Alternative Dispute Resolution
- Justice After Atrocity
- Kinship through the Twofold Prism of Law and Anthropology
- Environmental Justice
- Constitution Making
- Vigilantism and Security-Making
- The Normative Complexity of Private Security: Beyond Legal Regulation and Stigmatization
- Humanitarian Interventions
- Inequality, Victimhood, and Redress
- Anti-Discrimination Rules and Religious Minorities in the Workplace
- Transnational Agrarian Movements, Food Sovereignty, and Legal Mobilization
- The Juridification of Politics
- The Persistence of Chinese Rights Defenders
- The Problem of Compliance and the Turn to Quantification
- Law, Science, and Technologies
- Politics of Belonging
- Legal and Anthropological Approaches to International Refugee Law
- Norm Creation beyond the State
- Critique of Punitive Reason
- Global Legal Institutions
- Law as Technique
- Emotion, Affect, and Law
- Legal Pluralism in Postcolonial, Postnational, and Postdemocratic Times