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This is the mid-term exam. It is worth 30% of your final mark in the course. The

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This is the mid-term exam. It is worth 30% of your final mark in the course. The exam is open book. Dictionaries are permitted. You may write in English or French. You are asked to answer two (2) of the following four (4) questions. Your answer to each question should be between 450 and 750 words. The combined answers should not exceed 1,500 words. The answers are worth 15 marks each. Please demonstrate your familiarity with the course materials (readings, films) and our in-class discussions in your answers. Answer all parts of each question. 1.) Suppose Sir Henry Maine were right in “From Status to Contract.” Suppose there has been a “gradual dissolution of family dependency and the growth of individual obligation [mediated by contract] in its place.” a) Discuss two respects in which this transformation can be seen as progressive. b) Discuss two respects in which there has been regression or backsliding on the part of the “progressive societies,” as Maine styles them, since laissez-faire capitalism (read: freedom of contract of the sort Maine championed) has been found wanting. Finally, was Maine right about traditional societies like the Gabra. c) Is status or kinship the sole determinant of social relations among the Gabra? 2.) The Nuer of Sudan do not have any legislature, any courts of law or any law enforcement officers. Imagine a society with no politicians, no lawyers and no police! But how is it possible to have a society without law? a) Describe the Nuer system for dealing with wrongs against the person (eg. assault, murder) b) Draw out two of the implications of the Nuer system for own system of justice (i.e. in what ways do the Nuer understand things about the administration of justice that we could learn from? c) What are two ways in which the Nuer system compares poorly with our own?. 3.) “The rule of law and not of men” is a cardinal principle of the Canadian judicial system. It is reported in the news that a judge of the Supreme Court of Canada recently proclaimed: “When interpreting the Civil Code of Quebec, it is good to look beyond or outside the positive law (i.e. the Code) to test whether its articles are in keeping with the general law, be that the law of Louisiana, Massachusetts, India or Luxembourg. I want my decisions to be persuasive: That’s why I look far and wide for arguments that are persuasive, I mean arguments that no defendant and no plaintiff, can resist!” a) What are the dangers of such a position according to a judge like P-B. Mignault? b) What are the strengths of such a position, according to a judge like H.-E. Tascherau? c) Where do you stand on this issue of judge-made law? 4.) Consider the documentary film Witchcraft among the Azande. First, as regards witchcraft: a) What are two respects in which the Azande belief in witchcraft might be regarded as dysfunctional? b) What are two respects in which this web of beliefs and practices surrounding witchcraft can be seen as contributing to social order? Turning now to the Azande use of oracles to determine guilt or innocence: c) What could account for the 100% accuracy rate of the benge (poison) oracle in the two cases (adultery trial, witchcraft trial) that were captured in the documentary?

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