Western Legal Culture
Western legal culture is unified in the systematic reliance on legal constructs. Such constructs include corporations, contracts, estates, rights and powers to name a few. These concepts are not only nonexistent in primitive or traditional legal systems but they can also be predominately incapable of expression in those language systems which form the basis of such legal cultures.
As a general proposition, the concept of legal culture depends on language and symbols and any attempt to analyse non western legal systems in terms of categories of modern western law can result in distortion attributable to differences in language. So while legal constructs are unique to classical Roman, modern civil and common law cultures, legal concepts or primitive and archaic law get their meaning from sensed experience based on facts as opposed to theory or abstract. Legal culture therefore in the former group is influenced by academics, learned members of the profession and historically, philosophers. The latter group's culture is harnessed by beliefs, values and religion at a foundational level.
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Famous quotes containing the words western, legal and/or culture:
“All right, so there he is, our representative to the world, Mr. Western Civilization, in codpiece and pantyhose up there on the boards, firing away at the rapt groundlings with his blank verses, not less of a word-slinger and spellbinder than the Bard himself and therefore not to be considered too curiously on such matters as relevance, coherence, consistency, propriety, sanity, common decency.”
—Marvin Mudrick (1921–1986)
“We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.”
—Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)
“The anorexic prefigures this culture in rather a poetic fashion by trying to keep it at bay. He refuses lack. He says: I lack nothing, therefore I shall not eat. With the overweight person, it is the opposite: he refuses fullness, repletion. He says, I lack everything, so I will eat anything at all. The anorexic staves off lack by emptiness, the overweight person staves off fullness by excess. Both are homeopathic final solutions, solutions by extermination.”
—Jean Baudrillard (b. 1929)