Where Does Law Come From? | Zendy

Graham Casey | Zendy

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Where Does Law Come From?

Author(s) -

Graham Casey

Publication year - 2010

Publication title -

philosophical inquiry

Language(s) - English

Resource type - Journals

eISSN - 2163-3215

pISSN - 1105-235X

DOI - 10.5840/philinquiry2010323/45

Subject(s) - law , scope (computer science) , adjudication , context (archaeology) , rationality , order (exchange) , philosophy of law , product (mathematics) , law and economics , political science , public law , sociology , economics , computer science , paleontology , geometry , mathematics , finance , biology , programming language

Law, like language, is the product of social evolution, embodied in custom. The conditions for the emergence of law embodiment, scarcity, rationality, relatedness and plurality are outlined, and the context for the emergence of law dispute resolution is analysed. Adjudication procedures, rules and enforcement mechanisms, the elements of law, emerge from this context. The characteristics of such a customarily evolved law are its severely limited scope, its negativity, and its horizontality. It is suggested that a legal system (or systems) based on the principles of archaic law could answer the needs of social order without permitting the paternalistic interferences with liberty characteristic of contemporary legal systems

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