The Feminism and Legal Theory Project

theory of law

I. situating

But holism is a controversial view within the law. One might imagine that holism is area particular. That is, it might be the case that all of tort law hangs together, but that tort regulation is a more or less closed system. It could possibly be the case that legal legislation operates on a unique set of ideas than people who function in tort, and hence that conclusions reached in criminal law are different from these reached in tort regulation on analogous questions. Of course, the area of coherence could possibly be the next or decrease degree of generality than doctrinal area.

See Greenberg, The Standard Picture, supra observe 2, at sixty six-sixty seven. As I say there, I don’t mean to counsel that authorized students are confused about the distinction between texts and rules. Id. at 67 n.34.

If regulation is to take its coherence not from what is imposed from without but from the mutual attraction of parts inside society, the key element of regulation isn’t submission but identification and differentiation.5 The essential dimension of the pluralism represented by the transfer of a authorized ethnology from conventional societies to modern worldwide society is the popularity that there isn’t any superior power capable of imposing its will to resolve the risks implied by an immanentist concept of regulation. This is for Rouland a constructive growth. Post-fashionable regulation turns to the options of conventional legislation, the place society affirms itself as made up of groups which can’t be … Read More