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
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