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:
“When Western people train the mind, the focus is generally on the left hemisphere of the cortex, which is the portion of the brain that is concerned with words and numbers. We enhance the logical, bounded, linear functions of the mind. In the East, exercises of this sort are for the purpose of getting in tune with the unconscious—to get rid of boundaries, not to create them.”
—Edward T. Hall (b. 1914)
“The steps toward the emancipation of women are first intellectual, then industrial, lastly legal and political. Great strides in the first two of these stages already have been made of millions of women who do not yet perceive that it is surely carrying them towards the last.”
—Ellen Battelle Dietrick, U.S. suffragist. As quoted in History of Woman Suffrage, vol. 4, ch. 13, by Susan B. Anthony and Ida Husted Harper (1902)
“Unthinking people will often try to teach you how to do the things which you can do better than you can be taught to do them. If you are sure of all this, you can start to add to your value as a mother by learning the things that can be taught, for the best of our civilization and culture offers much that is of value, if you can take it without loss of what comes to you naturally.”
—D.W. Winnicott (20th century)