Spaces of Law and Custom

Author: Edoardo Frezet; Marc Goetzmann; Luke Mason
Publisher: Routledge
ISBN: 9781032033310

Published In: January 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780367344498

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Description
Contents

Details

This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts.

Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship.

As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.

Introduction

Part 1: Normative Spaces: Between Custom and Law

1. The Germ of Law

Christoph Kletzer

2. The Ontology of Custom

Corrado Roversi

3. Customary Law and Oral Law: an Impossible Equation?

Jean-Louis Halpérin

4. The Legal Constitution of Custom: What the History of the Idea of Labour Law Teaches us about How Lawyers Should Understand Custom-Like Practices

Luke Mason

5. The Hidden Structures of Company Customs

Olimpia Loddo