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.
Read more about this topic: Western Law
Famous quotes containing the words western, legal and/or culture:
“It appeared that he had once represented his tribe at Augusta, and also once at Washington, where he had met some Western chiefs. He had been consulted at Augusta, and gave advice, which he said was followed, respecting the eastern boundary of Maine, as determined by highlands and streams, at the time of the difficulties on that side. He was employed with the surveyors on the line. Also he called on Daniel Webster in Boston, at the time of his Bunker Hill oration.”
—Henry David Thoreau (18171862)
“Hawkins: The will is not exactly in proper legal phraseology. Richard: No: my father died without the consolations of the law.”
—George Bernard Shaw (18561950)
“The fact remains that the human being in early childhood learns to consider one or the other aspect of bodily function as evil, shameful, or unsafe. There is not a culture which does not use a combination of these devils to develop, by way of counterpoint, its own style of faith, pride, certainty, and initiative.”
—Erik H. Erikson (19041994)