Legal Rules and Social Norms in Japan's Secret World of Sumo

West, Mark D.

doi:10.1086/467992

Cited by 31 publications

(14 citation statements)

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“…Why might individuals prefer that an organization, rather than a state, govern a particular aspect of their lives? Several empirical studies suggest that a strong association is most likely to emerge when the members of the pertinent group anticipate that the association will outperform the state, at least from their self-interested point of view (Bernstein 1992; West 1997; Ellickson 2016, 251–61).…”

Section: The Role Of Business Enterprises and Membership Associationsmentioning

confidence: 99%

Forceful Self-Help and Private Voice: How Schauer and McAdams Exaggerate a State's Ability to Monopolize Violence and Expression

Ellickson

2017

Law soc. inq.

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Frederick Schauer's The Force of Law (2015) and Richard McAdams's The Expressive Powers of Law (2015) are noteworthy contributions. However, both authors exaggerate the importance of law, as opposed to other means of social control. Schauer largely omits the role that self‐help measures, ranging from negative gossip to violent self‐defense, play in deterring misconduct. Contrary to Max Weber, the state in practice cannot monopolize the legitimate use of physical force. McAdams valuably analyzes law's potentially expressive effects. He might have devoted more attention, however, to identifying the contexts in which state speech tends to be more salient than private speech, such as a statement by the pope or another esteemed private pundit.

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Section: The Role Of Business Enterprises and Membership Associationsmentioning

confidence: 99%

Forceful Self-Help and Private Voice: How Schauer and McAdams Exaggerate a State's Ability to Monopolize Violence and Expression

Ellickson

2017

Law soc. inq.

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“…Now it is widely recognized that “virtually every society is legally plural” (Merry : 873). As Engel (: 427) explains, all societies display a divergence between “law in action” and “law in the books” and “there is evidence that the divergence is not random or haphazard but systematic.” Studies of legal pluralism now include such diverse fields as the New York garment industry (Moore ), farmers and cattle ranchers (Ellickson 1991; Engel ), prisoners (Gómez forthcoming), sumo wrestlers (West ), and stand‐up comedians (Oliar and Sprigman ).…”

Section: Legal Pluralism As a Comparative‐analytical Conceptmentioning

confidence: 99%

Courting Custom: Regulating Access to Justice in Rural South Africa and Malawi

Ubink¹,

Weeks²

2017

Law Soc Rev

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The continued relevance of customary law for the regulation of the daily lives of Africa's citizens poses serious governance challenges to sovereign states, such as how best to regulate customary dispute settlement. While confronted with largely similar problems, the South African government proposed to enhance and regulate the position of its traditional courts, whereas Malawi has opted for the creation of hybrid local courts that combine characteristics of regular state courts and customary fora to be the main avenue of customary law cases. This paper analyzes the strengths and weaknesses of both approaches and displays how the two countries’ historical and political contexts enable and constrain their regulatory choices in the field of customary dispute settlement, as well as influence the risk and benefits of the various options. In this respect, the political power of the traditional leaders is a significant determinant.

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“…33 Examples of sport as a tool for cultural preservation can be found worldwide, ranging from country-specific sports such as Irish hurling to the global game of soccer. Sumo wrestling has carried over traditions from the Japanese imperial family, 34 while the indigenous Maori of New Zealand have rituals and cultural celebrations in sports of rugby, netball, darts, and golf. 35 Not only are traditions linked to sports, but also a sport itself can be a form of tradition.…”

Section: Sport and Cultural Preservationmentioning

confidence: 99%

For the Sga-Du-Gi (Community): Modern Day Cherokee Stickball

Welch¹,

Siegele²,

Hardin³

2017

American Indian Culture and Research Journal

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They say sga-du-gi, and that' s the community. Being a part of a community and doing things that way. (That's) the most important part to me because everybody's working together; everybody's seeing each other and helping each other when they can.-George, 31, Cherokee stickball player O ne is likely to stumble upon a centuries-old tradition tucked away in the mountains of western North Carolina on any given October day. A game once known simply as Indian ball, or in the Cherokee language, anetso, is now more commonly referred to as stickball. This particular October day in 2016 is warmer than usual. It is the week of the 104th Annual Cherokee Indian Fair and most of the community is out to partake in the festivities, from food to entertainment, but more importantly, to socialize. The sun is just about to set as two groups of shirtless, barefoot men march, seemingly out of nowhere, onto the open, unmarked field surrounded by hundreds of spectators. The only signifier of sport on the field are the pairs of saplings on each end, the goals. There is a handful of tourists, but the crowd is mostly native to this land, members of the Eastern Band of Cherokee Indians. Babies cry, mothers and fathers quibble, and children engage in play, already bored with the lack of action.

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Legal Rules and Social Norms in Japan's Secret World of Sumo

Cited by 31 publications

References 0 publications

Forceful Self-Help and Private Voice: How Schauer and McAdams Exaggerate a State's Ability to Monopolize Violence and Expression

Forceful Self-Help and Private Voice: How Schauer and McAdams Exaggerate a State's Ability to Monopolize Violence and Expression

Courting Custom: Regulating Access to Justice in Rural South Africa and Malawi

For the Sga-Du-Gi (Community): Modern Day Cherokee Stickball

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