The First law
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Beschreibung
This book challenges the foundational assumptions of legal theory by tracing the origins of law not to ancient customs or social contracts, but to a historically recent process of positivization. Through a rigorous archaeological and philosophical inquiry, the author redefines the concept of Law, arguing that legal norms are not timeless truths but rhetorical tools shaped by the values of legal communities. Drawing from anthropology, history, and legal philosophy, the book dismantles the myth of customary law among pre-literate societies and critiques the reification of state and legal norms. It proposes a shift in focus—from Law as norm to Law as conflict treatment—and invites readers to reconsider the legitimacy and function of legal systems. The work is intended for scholars and students of legal theory, philosophy of law, and comparative legal traditions. It contributes to ongoing debates about the foundations of legal systems and the historical contingencies that shape how law is understood and practiced today.
This book challenges the foundational assumptions of legal theory by tracing the origins of law not to ancient customs or social contracts, but to a historically recent process of positivization. Through a rigorous archaeological and philosophical inquiry, the author redefines the concept of Law, arguing that legal norms are not timeless truths but rhetorical tools shaped by the values of legal communities. Drawing from anthropology, history, and legal philosophy, the book dismantles the myth of customary law among pre-literate societies and critiques the reification of state and legal norms. It proposes a shift in focus—from Law as norm to Law as conflict treatment—and invites readers to reconsider the legitimacy and function of legal systems. The work is intended for scholars and students of legal theory, philosophy of law, and comparative legal traditions. It contributes to ongoing debates about the foundations of legal systems and the historical contingencies that shape how law is understood and practiced today.
Deconstructs the idea of customary law in pre-literate societies with cross-cultural analysis Replaces legal norm centrality with conflict as the core of legal theory Traces the origin of law to modern positivization, challenging the idea of its timelessness
Autor*in
Fábio Ulhoa Coelho
Themen in »The First law«
Legal Norm vs. Law Positivization Reification of Law Customary Law Conflict Treatment Legal Rhetoric