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Legalism: Rules and Categories

Legalism Rules and Categories Mainstream historians in recent decades have often treated formal categories and rules as something to be used by individuals as one might use a stick or stone and the gains of an earlier legal hist

  • Title: Legalism: Rules and Categories
  • Author: Paul Dresch Judith Scheele
  • ISBN: 9780198753810
  • Page: 128
  • Format: Hardcover
  • Mainstream historians in recent decades have often treated formal categories and rules as something to be used by individuals, as one might use a stick or stone, and the gains of an earlier legal history are often needlessly set aside Anthropologists, meanwhile, have treated rules as analytic errors and categories as an imposition by outside powers or by analysts, leaviMainstream historians in recent decades have often treated formal categories and rules as something to be used by individuals, as one might use a stick or stone, and the gains of an earlier legal history are often needlessly set aside Anthropologists, meanwhile, have treated rules as analytic errors and categories as an imposition by outside powers or by analysts, leaving a very thin notion of practice as the stuff of social life Philosophy of an older vintage, as well as the work of scholars such as Charles Taylor, provides fresh approaches when applied imaginatively to cases beyond the traditional ground of modern Europe and North America Not only are different kinds of rules and categories open to examination, but the very notion of a rule can be explored deeply.This volume approaches rules and categories as constitutive of action and hence of social life, but also as providing means of criticism and imagination A general theoretical framework is derived from analytical philosophy, from Wittgenstein to his critics and beyond, and from recent legal thinkers such as Schauer and Waldron Case studies are presented from a broad range of periods and regions, from ia via northern Chad, Tibet, and medieval Russia to the scholarly worlds of Roman law, Islam, and Classical India As the third volume in the Legalism series, this collection draws on common themes that run throughout the first two volumes Legalism Anthropology and History and Legalism Community and Justice, consolidating them in a framework that suggests a new approach to rule bound systems.

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