Abstract
Encounters - Disciplines -The lawyerly interest - Law and/or laws - Conclusion. Rechtliche Volkskunde is distinguished from legal anthropology, and the latter from both legal ethnology and legal pluralism, as well as from research on aboriginal law, claiming the first three to be law-related parts of non-legal disciplines, in contrast to Ethnologischer Jurisprudenz and anthropology of law, taken as directions within the field of jurisprudence. For the time being, none of the first has erected its own theories, nor has socio-ethnography interfered with legal theorising. Since Ehrlich and Weber realised that laws may prevail independently of the states' "Westphalian duo", a number of attempts at both extending and narrowing the law's usual remit has been tested. Considering the pendulum movement between monism and pluralism in a historical perspective, renaming what is at stake by altering the terminology is not and should not be a primary issue. As formulated by the author a quarter of a century ago, "Law is (1) a global phenomenon embracing society as a whole, (2) able to settle conflicts of inter- ests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society".
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.