Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-k7p5g Total loading time: 0 Render date: 2024-07-10T18:51:13.535Z Has data issue: false hasContentIssue false

7 - Legal Systems as Legal Traditions

from Part II - The Concept of Tradition

Published online by Cambridge University Press:  10 December 2021

Helge Dedek
Affiliation:
McGill University, Montréal
Get access

Summary

Whereas comparative law scholarship has traditionally focused on Westphalian legal systems, Patrick Glenn famously argued that the legal tradition offers a descriptively and normatively superior analytic focus point. Descriptively, the legal tradition model would better account for law’s prominent epistemic dimension. Normatively, it would steer clear of Western centrism and attendant validation of colonialism. This chapter aims to diffuse the apparent opposition between legal system and legal tradition by offering an account of the legal system as (intellectually self-determined) tradition that is nonetheless consistent with the Westphalian conception. In particular, it is contended that an internal investigation of the kind advocated by Glenn (and others) yields an overall picture of legal systems as very much shaped like bee swarms. The relevant characteristic of bee swarms for present purposes is their projecting elusive, fuzzy edges around a comparatively well-defined centre of gravity, namely, their respective queen bees. I argue that legal systems, as internally delineated epistemic communities, likewise boast a well-defined institutional grounding (Part I) encircled by fluid edges (Part II).

Type
Chapter
Information
A Cosmopolitan Jurisprudence
Essays in Memory of H. Patrick Glenn
, pp. 143 - 160
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×