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The State of Custom
(2021)
In our article, we engage with the anthropologist Gerd Spittler’s pathbreaking
article “Dispute settlement in the shadow of Leviathan” (1980) in which
he strives to integrate the existence of state courts (the eponymous Leviathan’s
shadow) in (post-)colonial Africa into the analysis on non-state court legal practices.
According to Spittler, it is because of undesirable characteristics inherent
in state courts that the disputing parties tended to rather involve mediators than
pursue a state court judgment. The less people liked state courts, the more likely
they were to (re-)turn to dispute settlement procedures. Now how has this situation
changed in the last four decades since its publication date? We relate his findings
to contemporary debates in legal anthropology that investigate the relationship
between disputing, law and the state. We also show through our own work in
Africa and Asia, particularly in Southern Ethiopia and Kyrgyzstan, in what ways
Spittler’s by now classical contribution to the field of legal anthropology in 1980
can be made fruitful for a contemporary anthropology of the state at a time when
not only (legal) anthropology has changed, but especially the way states deal with
putatively “customary” forms of dispute settlement.