Where Does Law Come From?
Philosophical Inquiry 32 (3-4):85-92 (2010)
Abstract |
Law, like language, is the product of social evolution, embodied in custom. The conditions for the emergence of law—embodiment, scarcity, rationality, relatedness and plurality—are outlined, and the context for the emergence of law—dispute resolution—is analysed. Adjudication procedures, rules and enforcementmechanisms, the elements of law, emerge from this context. The characteristics of such a customarily evolved law are its severely limited scope, its negativity, andits horizontality. It is suggested that a legal system (or legal systems) based on the principles of archaic law could answer the needs of social order without permitting the paternalistic interferences with liberty characteristic of contemporary legal systems
|
Keywords | Ancient Philosophy Contemporary Philosophy |
Categories | (categorize this paper) |
ISBN(s) | 1105-235X |
DOI | 10.5840/philinquiry2010323/45 |
Options |
Save to my reading list
![]() ![]() |


No references found.

No citations found.

For the Love of God and People: A Philosophy of Jewish Law.Elliot N. Dorff - 2007 - The Jewish Publication Society.
Analytical Jurisprudence and the Concept of Commercial Law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 2010 - Pearson Prentice Hall.
Philosophy and the Criminal Law: Principle and Critique.Antony Duff (ed.) - 1998 - Cambridge University Press.
Law's Interior: Legal and Literary Constructions of the Self.Kevin Crotty - 2001 - Cornell University Press.
The Natural Moral Law: The Good After Modernity.Owen J. Anderson - 2012 - Cambridge University Press.
Thinking Through the Body of the Law.Pheng Cheah, David Fraser & Judith Grbich (eds.) - 1996 - New York University Press.
Added to PP index
2012-09-18
Total downloads
21 ( #266,934 of 2,225,985 )
Recent downloads (6 months)
1 ( #426,905 of 2,225,985 )
2012-09-18
Total downloads
21 ( #266,934 of 2,225,985 )
Recent downloads (6 months)
1 ( #426,905 of 2,225,985 )
How can I increase my downloads?
Monthly downloads
