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AuthorAttwooll, Elspeth. author
TitleThe Tapestry of the Law [electronic resource] : Scotland, Legal Culture and Legal Theory / by Elspeth Attwooll
ImprintDordrecht : Springer Netherlands : Imprint: Springer, 1997
Connect tohttp://dx.doi.org/10.1007/978-94-015-8800-3
Descript XIV, 258 p. online resource

SUMMARY

Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy


Philosophy Political science Law -- Philosophy Law Private international law Conflict of laws International law Comparative law Philosophy Philosophy of Law Theories of Law Philosophy of Law Legal History Private International Law International & Foreign Law Comparative Law Philosophy general



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