The Silent Language: From Chthonic Law to Global Legal Pluralism

Abstract

This article suggests that linguistic and cultural heritages can unveil significant aspects to better understand what law is in a global context, and this can take place either explicitly or silently – in the silent form – as well as in other ways. It proceeds in three parts. First, after defining the concept of the ‘silent language’ of law, I briefly summarise the literature on chthonic law and suggest ways in which this literature helps us understand the global legal dimension. Second, following a pluralist approach, I propose a framework for analysing the existing relationships between the hidden and visible dimensions of law.Third, I will address whether the hidden and silent dimension of law has some significance in the analysis and comprehension of global phenomena. In conclusion, I suggest the implications of this approach for more general thoughts on the potential role of comparative law in identifying social and cultural differences.