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:
“Signal smokes, war drums, feathered bonnets against the western sky. New messiahs, young leaders are ready to hurl the finest light cavalry in the world against Fort Stark. In the Kiowa village, the beat of drums echoes in the pulsebeat of the young braves. Fighters under a common banner, old quarrels forgotten, Comanche rides with Arapaho, Apache with Cheyenne. All chant of war. War to drive the white man forever from the red man’s hunting ground.”
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“Any historian of the literature of the modern age will take virtually for granted the adversary intention, the actually subversive intention, that characterizes modern writing—he will perceive its clear purpose of detaching the reader from the habits of thought and feeling that the larger culture imposes, of giving him a ground and a vantage point from which to judge and condemn, and perhaps revise, the culture that produces him.”
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