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14 - Conclusion

Published online by Cambridge University Press:  05 June 2012

William Twining
Affiliation:
University College London
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Summary

At the risk of some repetition, this chapter draws together the main threads of the argument so far. The later chapters (published at www.) further concretise the general thesis. The purpose of this book is to explore the implications of globalisation for the discipline of law and for jurisprudence as its theoretical, or more abstract, part. The primary objective of the institutionalised discipline of law is understanding law (i.e. the main subject matters of the discipline). The scope and nature of these subject matters has long been contested with differing views falling into two internally varied camps: a narrow view that treats law as doctrine – rules, principles, concepts, and rule systems – and a more expansive view, which extends beyond doctrine to include social practices, institutions, processes, and personnel, as well as rules. This book adopts an expansive conception of our discipline and uses a broad conception of law as a form of institutionalised social practice as its organising concept. However, this in no way suggests that doctrine, concepts, and rules are unimportant. It recognises that law as ideas, which have not necessarily been institutionalised as social practices, is a central aspect of the concept of a legal tradition; that the precept ‘for purposes of understanding law, the study of rules alone is not enough’ applies as much to studies focused on doctrine (one version of ‘law in context’) as to broader studies that extend to actual practices and institutions.

Type
Chapter
Information
General Jurisprudence
Understanding Law from a Global Perspective
, pp. 443 - 451
Publisher: Cambridge University Press
Print publication year: 2009

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  • Conclusion
  • William Twining, University College London
  • Book: General Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511807374.015
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  • Conclusion
  • William Twining, University College London
  • Book: General Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511807374.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • William Twining, University College London
  • Book: General Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511807374.015
Available formats
×