By Leonard Krieger
ISBN-10: 0226453596
ISBN-13: 9780226453590
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Additional resources for The Politics of Discretion Pufendorf and the Acceptance of Natural Law
Example text
Surely—the objection runs—the nature of the law changes. Think of the law and the legal cultures of the Roman Empire, of European countries during feudalism, or in the age of absolutism. ‘Law’ had different meanings during these different periods, and the modern Western notion of law differs from all of them. What was essential to the law of one period was absent in the law of another period. A theory of law which overlooks these facts cannot be a good theory. But can the law change its nature? No doubt the law of any country can change, and does change.
Their concepts will not be understood by us unless we can relate them to our own concepts. How can this conflict be resolved? It seems to land us in an impasse which forces us to admit the impossibility of truly or completely understanding alien cultures. This pessimism is, however, unjustified. We can meet both conditions for understanding alien cultures. While there may be a tension between the need to understand them in terms of some of our concepts, even though they do not have those concepts, and the need to understand how they understand themselves, ie in terms of concepts which we do not have, there is no contradiction here.
Naturally, the essential properties of the law are universal characteristics of law. They are to be found in law wherever and whenever it exists. Moreover, these properties are universal properties of the law not accidentally, and not because of any prevailing economic or social circumstances, but because there is no law without them. This does not mean that there are no social institutions, or normative systems, which share many of the law’s characteristics, but do not have the essential properties of the law.