The Tapestry of the Law: Scotland, Legal Culture and Legal TheorySpringer Science & Business Media, 2013 M11 11 - 258 pages Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy. |
Contents
1 | |
Connecting Law and Society | 17 |
A Constitutional Culture | 39 |
The Style of Scots Law 61 | 60 |
The Style of Scots Law continued | 83 |
And so to Ideology | 101 |
Matters of Interpretation | 123 |
Law in Whose Terms? | 143 |
And What Kind of System? | 163 |
The Language of the Law 183 | 182 |
Some Different Critiques | 203 |
The Role of Reason | 221 |
Weaving the Threads | 241 |
251 | |
Other editions - View all
The Tapestry of the Law: Scotland, Legal Culture and Legal Theory E. Attwooll No preview available - 2010 |
The Tapestry of the Law: Scotland, Legal Culture and Legal Theory E. Attwooll No preview available - 2013 |
Common terms and phrases
action Acts of Union actually approach argued autopoietic basis behaviour chapter claim common law concerned consequence considerable constitution constructed context contract Convention Court of Session criminal Critical Legal Studies culture decisions discourse doctrine economic Edinburgh effect English example existence fact Habermas House of Lords human Ibid ideas identified ideology individual institutions interpretation involved judges judicial Jürgen Habermas jurisprudence justice Kelsen kind language games Law cit law of Scotland lawyers least legal order legal system legal theory legislation London Lord Advocate MacCormick matter means moral nature Neil MacCormick norm notion operation organisation Oxford Parliament particular parties political possible postmodernism principles problem question rational reality reason reconstruction regarded relation role rules Scots law Scottish Parliament sense social statute structures sub-systems Theory of Law things Udal law understandings and expectations United Kingdom whole words