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Law before Government: Ideology and Aspiration

Abstract:

The extended notion of law evoked by the concept of legal pluralism has been subjected to powerful anthropological critiques. Simon Roberts, among others, has argued that law should be kept analytically distinct from forms of negotiated order. His persuasive argument in favour of a link between law and government, however, shuts the door on examples of law which arise before, or apart from, government, but which are nevertheless not negotiated orders. Law, it is argued here, can be identified...

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Publication status:
Published

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Publisher copy:
10.1093/ojls/gqq016

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Socio- Legal Studies Centre
Journal:
OXFORD JOURNAL OF LEGAL STUDIES
Volume:
30
Issue:
2
Pages:
207-228
Publication date:
2010
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
URN:
uuid:feb861cc-5c1e-4141-b6de-7dd0f0bff637
Source identifiers:
299705
Local pid:
pubs:299705
Language:
English

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