Anthropology and Law

Cultural anthropology is not valuable because it uncovers the archaic in the psychological sense. It is valuable because it is constantly rediscovering the normal.

Economics and cultural anthropology … have as their clear presuppositions one or the other of the two states of nature. Locke argued that man’s conquest of nature by his work is the only rational response to his original situation. … Economics comes into being as the science of man’s proper activity, and the free market as the natural and rational order. … Rousseau argued that nature is good and man far away from it. So the quest for those faraway origins becomes imperative. … What economists believe to be things of the irrational past—known only as underdeveloped societies—become the proper study of man, a diagnosis of our ills and a call to the future. … Economists teach that the market is the fundamental social phenomenon, and its culmination is money. Anthropologists teach that culture is the fundamental social phenomenon, and its culmination is the sacred. Such is the confrontation—man the producer of consumption goods vs. man the producer of culture, the maximizing animal vs. the reverent one.

True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrong-doing by its prohibitions. And it does not lay its commands or prohibitions upon good men in vain, though neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to attempt to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly considered punishment.