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The Tapestry of the Law: Scotland, Legal Culture and Legal by E. Attwooll

By E. Attwooll

Although its situation is jurisprudence, The Tapestry of the legislation is meant to supply neither an unique idea of or approximately legislation nor an account of different people's theories in textbook shape. it truly is, really, an try to process the topic with out following both of those conventions. the explanations are as follows. these engaged in criminal concept are at risk of assert that one can't competently comprehend the legislation except one takes a jurisprudential method - ideally their very own - to it. both, these engaged in exposition of the legislations could counter that criminal concept fails to pay sufficient consciousness to genuine legislation. there's at the very least a few fact in those claims. Analyses, classes and textbooks on either side do usually appear to be produced irrespective of the opposite. but such isolation is perhaps extra obvious than genuine. so much, if no longer all, so-called "black letter" attorneys do function at the foundation of definite jurisprudential understandings, whether those will not be articulated ones. within the usually quoted phrases ofF C S Northrop: There are legal professionals, judges or even legislations professors who let us know they've got no criminal philosophy.

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Even with trade between Germany and Turkey, though, doubts may be expressed as to whether what the inhabitants are doing is "sharing the same law". For, identical or nearly identical though the rules may be in content, they are distinct as to source. The power and/or authority by which they are sustained is differently located. It would seem, then, that any notion of people "sharing the same law" can only safely extend to cases where they are conducting relationships with one another according to identical (or nearly identical) rules and where these rules themselves have some kind of common foundation.

Looking at its culture, so understood, however, will not give a complete picture of any society. Many understandings and expectations arise out of the need to adapt to existing conditions of social life, whether natural or human-made, welcome or unwelcome, intended or unintended, within or outwith the control of those concerned. Action according to the understandings and expectations so produced may, in tum, have practical effects of their own, thus creating new conditions to be contended with.

To which the response might be that this is a misunderstanding of the situation. The physical point of the universe at which someone is located is a matter of natural or brute fact. The name given to that particular point, though, is a matter of artificial or social fact - as, indeed, is the meaning we give to any word in our language. 7 What, then, actually gives all these human beings something in common is the use of the name Scotland for the area in which they live. Since this is a matter decided by the law, the priority given to it was clearly correct.

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