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12 - Open legal systems

Published online by Cambridge University Press:  04 February 2010

Maurizio Lupoi
Affiliation:
Università degli Studi di Genova
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Summary

Wargusy extra sermonem, útlah: the outlaw

Every type of community has mechanisms of exclusion which stop short of actually killing the person to whom they are applied. Scholars who start from this simple premise and fail to explore the matter further tend to lump together the most disparate legal phenomena, discerning continuities and similarities rather than distinctions and differences. The comparative analysis in the present book has constantly kept to an intermediate level of abstraction, to principia: close to regulae and supported by them, but also close to ethical and political approaches and validated by them. In this concluding chapter I shall take the method to its limits, examining themes of such central importance as to test the validity of the method itself.

It is precisely these centred themes which tend to foster intellectual laziness; theories that have never been thoroughly proved are often assumed to be true merely because they are generally endorsed. Consuetudo docendi smothers quaestio veritatis.

Caesar tells of the punishment meted out by the Druids of Gaul to people who failed to comply with their decisions.

If any individual or tribe does not comply with their decisions, they forbid them to take part in the sacrifices. This is a very serious punishment among them. All those who are thus excluded are deemed impious and wicked; all shun them and will neither listen nor speak to them for fear of being infected by their disadvantages; their demands for justice go unheeded, and no public office is conferred upon them.

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Publisher: Cambridge University Press
Print publication year: 2000

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  • Open legal systems
  • Maurizio Lupoi, Università degli Studi di Genova
  • Translated by Adrian Belton
  • Book: The Origins of the European Legal Order
  • Online publication: 04 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560132.012
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  • Open legal systems
  • Maurizio Lupoi, Università degli Studi di Genova
  • Translated by Adrian Belton
  • Book: The Origins of the European Legal Order
  • Online publication: 04 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560132.012
Available formats
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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.

  • Open legal systems
  • Maurizio Lupoi, Università degli Studi di Genova
  • Translated by Adrian Belton
  • Book: The Origins of the European Legal Order
  • Online publication: 04 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560132.012
Available formats
×