Document Type

Article

Comments

Comparative Philosophy of Comparative Law, 45 Cornell Law Quarterly 617 (1960)

Abstract

Cultural anthropology and sociological jurisprudence have shown that
there is no culture or society without normative legal procedures for
settling the disputes of its people. Moreover, these legal procedures
vary in their normative ethical content. So different is this content from
culture to culture that the anthropologist Professor E. A. Hoebel has
found it necessary to introduce seven normatively different sets of postulates
in order to describe the legal norms of seven so-called primitive
peoples. Such facts remind us that in comparative law and philosophy
it is very dangerous to use the words "good" or "just" unless we specify
both the culture to which we are referring and its specific set of normative
assumptions.

Date of Authorship for this Version

1960

Keywords

anthropology, legal norms

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