Laura Nader’s research while affiliated with California Science Center and other places

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Publications (21)


On Nature and the Human
  • Article
  • Full-text available

November 2010

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552 Reads

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16 Citations

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Jonathan Marks

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Tim Ingold

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[...]

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ABSTRACT  A major contribution of anthropological work has been to challenge a unitary theory of the human. In this American Anthropologist vital topics forum, a range of prominent anthropologists contribute to this challenge and provide musings on the human. The essays in this forum reflect diversity and unity of anthropological thought on human nature. Some note humans’ connection to other primates, and others emphasize our distinction from ancestral patterns. Several reflect on cultural change, globally and locally, while others problematize what we might mean by, and who we include in, a “human” nature. The perception of humans constructing and being constructed by the world and the warning to be cognizant of our approaches to defining ourselves are central themes here. Our goal is to initiate a discussion that might reshape, or at least influence, academic and public debates.

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The Underside of Conflict Management - In Africa and Elsewhere

May 2009

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38 Reads

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22 Citations

IDS Bulletin

Summaries This article traces the evolution of thought on dispute resolution in recent decades and takes a critical look at its latest incarnation, the alternative dispute resolution (ADR) revolution. It argues that ADR is premised on the harmony model of law that denies the unequal power of disputing parties and ignores issues of social justice. It calls for a real dialogue by serious scholars willing to examine the now plentiful evidence of the performance of ADR devices. The article also shows that dispute resolution is not autonomous from other social and economic components of social systems, and that as a consequence it is not possible to divorce law and power. Any ADR scheme, therefore, needs careful study of the social conditions in which it may operate.






Citations (11)


... Settling a case means securing financial compensation for the claimants and avoiding the risk of going to trial. Outofcourt settlements are thus a form of alternative dispute resolution (ADR) (Nader 1999). They make adjudication unnecessary or impossible, sup posedly functioning according to a 'harmony law model' (Nader 1999). ...

Reference:

Transnational Human Rights Litigation: A Means of Obtaining Effective Remedy Abroad?
The Globalization of Law: ADR as “Soft” Technology
  • Citing Article
  • January 1999

Proceedings of the ASIL Annual Meeting

... Such an enriched, broader, version of the legal formants approach goes beyond officialdom and professionalism. It shows that legal formants are not independent of social, economic, and cultural factors and that dimensions of power, and especially of power disparity, play an important role in shaping the law [8,13,15,29]. ...

Current Illusions and Delusions About Conflict Management—In Africa and Elsewhere

Law & Social Inquiry

... In such cases, neutrality may appear to be a form of complicity with systems of power that harm marginalised groups. Critical scholarship has argued that anthropologists should use their expertise to challenge inequalities and support the rights of disenfranchised communities, even if it means sacrificing the perception of impartiality (Nader 1997;Mattei & Nader 2008). This position resonates with a growing number of social scientists who see their role as extending beyond the provision of evidence to include active engagement in advocacy against unjust policies and practices. ...

Sidney W. Mintz Lecture for 1995: Controlling Processes Tracing the Dynamic Components of Power
  • Citing Article
  • December 1997

Current Anthropology

... In addition, they allege that the approaches are only concerned with community harmony and not true justice and that they are open to abuse by the gerontocratic class and manipulation by the elite or partizan politicians. 99 On the other hand, African apologetics 100 for Indigenous approaches have established that because the strategies are dynamic in nature, they have survived cultural genocide by colonialism and can, therefore, also overcome their limitations. The apologists explain that, essentially, the approaches are viable as it is evident in many recorded instances like the few outlined above. ...

The Underside of Conflict Management - In Africa and Elsewhere
  • Citing Article
  • May 2009

IDS Bulletin

... To that end, Nader was dedicated to understanding the relationship between legal systems and their socioeconomic settings through a consideration of disputes as social processes embedded in social relations. The Talean data provided her with evidence, in combination with her earlier study of Lebanese village dispute handlers (Nader 1965), that there was a relationship between ''social organization and the development of dispute resolution mechanisms'' (Nader 1990:60). She looked at ''law within the matrix of the social system'' and showed it to be ''both an agent of control and subject to control'' (1990:180). ...

Choices in Legal Procedure: Shia Moslem and Mexican Zapotec1
  • Citing Article
  • October 2009

... This analogy has been drawn from a similar idea of Jonathan Marks about evolution and human nature: "To imagine that we are nothing but apes, and to find human nature there constitutes a denial of evolution"(Fuentes et al. 2010). 4 This article's background is based on research, literature reviews, issues of big data, and the ethical use of algorithms. ...

On Nature and the Human

... Strikingly, the intensity of participants' reactions predicted the magnitude of legal punishment, whether in the form of a fine or prison time, codified in these millennia-old criminal codes. This universalist paradigm-implicating our basic moral sensibilities in the genesis of legal doctrines-would also help explain the near-universal emergence of certain criminal laws (e.g., regarding murder, see Mikhail, 2009) and of legal institutions as a basic property of social groups (Brown, 1991;Hoebel, 1954;Nader, 1965). ...

The Anthropological Study of Law1
  • Citing Article
  • October 2009

... These discussions, we argue, did lead anthropology to a renewed disciplinary mission (c.f. Nader 2001). With the benefit of hindsight, we describe that mission as follows: Anthropology is an academic discipline that strives to be societally relevant by being ever attentive to issues, themes, and events of vital public concern. ...

Anthropology! Distinguished Lecture—2000
  • Citing Article
  • September 2001