This book is a study of the beginnings of law and the 'primitive' stages of its development, from the first rudimentary rules of conduct to the codes of the legal systems. Its scope extends to both cultures and legal systems from the ancient and medieval past: those of the Babylonians and Assyrians, Hittites, Hebrews, Romans, Hindus, English and other German peoples, and those of Africa, Australia and America. Correlating early economic and legal development, the book illustrates how laws change with the development of material culture. Originally published in 1971.

This classic work in the anthropology of law offers ambitiously conceived analyses of the fundamental rights and duties treated as law among nonliterate peoples. The heart of the book is an analysis of the law of five societies: the Eskimo; the Ifugao; the Comanche, Kiowa, and Cheyenne tribes; the Trobriand Islanders; and the Ashanti.

This book brings a new generation of comparative lawyers together to reflect on the character of their discipline.

Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.