Mapping Marriage Law in Spanish Gitano Communities
288 pages, 6 x 9
Paperback
Release Date:01 Jul 2006
ISBN:9780774809269
Hardcover
Release Date:12 Dec 2005
ISBN:9780774809252
PDF
Release Date:01 Oct 2007
ISBN:9780774853835
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Mapping Marriage Law in Spanish Gitano Communities

SERIES: Law and Society
UBC Press

Comparative law and legal anthropology have traditionally restrictedthemselves to their own fields of inquiry. Mapping Marriage Law inSpanish Gitano Communities turns this tendency on its head andinvestigates what happens when the voices of each discipline areinvited to speak to each other. Susan Drummond forges this hybrid formof comparative work through small- and large-scale studies of Gitanomarriage law as it emerges in a Western European state, in a modernurban centre, and in particular communities and families.

Drummond’s mapping of Gitano marriage law is grounded inethnographic fieldwork in Andalucia. The study draws initially from thetradition of comparative law to focus on the emergence of Spanish statefamily law in a predominantly national and international context.Drummond then adopts the role of legal anthropologist to examine aparticular legal culture that exists within, and also beyond, theSpanish state: that of the Gitanos and the transnational Roma.Ultimately, she brings the international, national, and culturaldimensions of law into play with one another and contemplates how allof these influences bear on the spirit of Andalusian Gitano marriagelaw. The result is an ethos of marriage law in a thoroughly mixed legaljurisdiction.

Mapping Marriage Law in Spanish Gitano Communities willappeal to scholars and students in comparative law and legalanthropology, as well as readers interested in Roma studies in general,and the Gitanos in particular.

Mapping Marriage Law in Spanish Gitano Communities will appealto scholars and students in comparative law and legal anthropology, aswell as readers interested in Roma studies in general, and the Gitanosin particular.

Awards

  • 2006, Winner - Book Prize, Canadian Law Society Association
Susan G. Drummond is an associate professor at OsgoodeHall Law School at York University.

Preface

 

Introduction: Le Guide du Routard

 

Synoptic Overview

Itinerary

Approach

Preparations

Souvenir

 

Chapter 1 State: Intersections in Spanish FamilyLaw

The Persistence of "Otherness"

Religion’s Domain

Shifting Contexts for Legal Reform

Shifting Esprit des Lois

Women and the Spirit of Family Law

Weak and Deep Pluralism of the Official Family New Forms of SpanishPluralism

The Contemporary Jurisdiction of Religion in the Official Family

Conflicting Dominions in Family Law

The Mystification of Reform through Law

Liminal Tones, Characters, and Moods

 

Chapter 2 Culture: Wanderings and Dwellings

Deep Pluralism and the Gypsies

A Jurisdictional Model of the Gypsies for a Jurisdictional Model ofGypsy Law

Matter out of Place

Reconceptualizing Gypsyhood

The Great Gitano Roundup: Rounding Off the State through Law

The Production of Gitanitude

Flamenco Puro and Pure Gitanitude

 

Chapter 3 Marriage: Hidden and Enacted IusCommune

Hidden Constitutions

Multi-Sited Comparative Law

The Plurality of Ius Commune

Hidden Marriages

Hidden Marriages within Hidden Marriages

The Place of Gitano Family Law in Andalucia, Spain, and Europe

 

Conclusion: Voyage Through a Strange City

The Place of Jerez de la Frontera

A Wandering and a Dwelling Law

Notes

Index

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