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The contributors to Concepts of Law are international experts from the fields of concepts and contexts from diverse national and disciplinary perspectives. Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives . Juris Diversitas and of the Swiss Society of International Law (Société Suisse de.
Table of contents
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- Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives
- A Timely Text
- University Brunei Darussalam Library VISION OPAC
The contents include, among other things, a number of articles on the 'construction of legal traditions':. Juris Diversitas and the Swiss Institute of Comparative law have organised a conference on The concept of 'law' in context: comparative law, legal philosophy, and the social sciences to be held from October at the Institute in Lausanne, Switzerland.
The new issue of Opinio Juris in Comparatione is available online. Book Review: N. The theme is 'Harmonisation of Law - Loss of legal culture?
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If your are ordering online then please quote the reference in the special instructions field. Our actual practices are measured by w. The concepts proposed ww are often of tremendous complexity and ingenuity.
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But they are also frequently m products of presentist perspectives, thin and whiggish histories, and limited cultural co te. The sense of context — save our own, and that typically only assumed — is ga sh lost. Our view is that such speculation will be ww idle until we have a better idea of the lived normative practices of the past and the present, both in the West and beyond. And this requires investigation of understandings of sh law both internal to those engaged in formulating the meaning of the practices in w.
The relationship between words and the world around us is always bridged ga by convention. In this sense, norms ww and normative communities appear a universal aspect of human existence. We are, m we might say, normative animals. But we express this normativity in very diverse co ways. Its significance comes from its conventional use, sh from collective experiences and common opinion.
Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives
This meaning will invariably w. Both concepts and conventions have ww histories. Anomalous uses may appear, though convention will provide a standard m co of conventionally appropriate primary and secondary uses; it will also suggest te. But there is, in our w. The associated concept was reasonably clear and employed to distinguish laws ga from customs or customary law, both within Europe and beyond.
And if it was often portrayed as instantiating w. It and the terms that denote these forms are invariably te. It should not be seen, as an intellectual matter, m co to be culturally or morally superior to rival or foreign normativities that take other te. While such efforts are often co te. It thus assimilates non-Western or non-standard w. It is a type of conceptual colonialism.
Others very similar to our own have existed and ga sh exist now. It is tempting, for example, to equate well-developed Chinese forms w. There is little harm in this if the purpose is to ww recognise that our concept, or very similar concepts, may be found elsewhere. And m co our concept of law, if not always its related practices, has been exported around te. But ga sh we need to be careful not to ignore nuance and context. For example, while we w.
This can easily obscure difference. It is sh quite another to equate complex forms of normativity.
A Timely Text
The Western concept of w. To claim that one is merely an instantiation of the other m co confuses unique conventions, especially of the West, with universal constants. Comparatists know, of course, the value of finding commonalities. But a common ga sh core between concepts in different traditions remains distinct from the original w.
And this third, usually more abstract and bloodless, conceptualisation ww may drain the original two of the distinctive elements that gave them local m significance. As Clifford Geertz has written, the implications of seeing law as co te. Another is that it cannot be a matter of locating identical phenomena masquerading under different names. And a m third is that whatever conclusions it comes to must relate to the management of co te. Geertz — ga sh w. Context, across both time and space, matters. Or so we suggest. Time ga sh w. He argues that Roman customs became Roman law through ww the creation of intellectual and institution formalism.
Whether or not the line sh should be drawn here, it is plausible, or so we suggest, that linguistic practices over w. This is m too complicated to elaborate on fully here. For Skinner, conceptual history is best done by ga observing the fine detail and contexts of published public debate. These are far more sh w. Laws and legal institutions, identified as m such, preceded the state or existed entirely outside of any such structures. Indeed, co our focus should not merely be the state or political organisation, but normative te. This is obviously a complicated subject. This includes: co te.
Later, more institutionalized, forms never entirely displace earlier, simpler orders. And less formalised institutions, m co including widespread discretionary and summary jurisdictions, could piggy- te.
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And sh this need not be seen as universal. It remains a Western story, though one with w. Laying out such a scheme is meant to be descriptive rather ww than prescriptive, though the two blur into one another in ways that complicate m the dominant traditions of legal naturalism and legal positivism.
If a bright te. Legal regimes only rarely sought, and still m co less often expected, to govern their rivals. A more complete picture of this normative landscape te. The former regimes w. And they were everywhere in communication with, ww though differentiated from, less institutionalised normative orders. Both legal and normative principles could be bent by the practical pressure of power: here from m co te. Other normative orders and regimes were seen, at least m in increasingly important theories of state sovereignty, as reliant on the sufferance co te.
English Equity, for example, in the sense of the Courts of co Chancery, continues to have a subterranean existence in English law although te. While the last half-century has brought many changes and the future promises more, this m co te. In each, there is a set of rules that is seen as te. These non-Western traditions also function differently. Two w.