Chapter

The Law

Ekkehart Schlicht

in On Custom in the Economy

Published in print March 1998 | ISBN: 9780198292241
Published online November 2003 | e-ISBN: 9780191596865 | DOI: http://dx.doi.org/10.1093/0198292244.003.0013
 The Law

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The law is closely related to custom. It may be understood as brought about by the same tendencies that bring about custom. The tension between natural law and legal positivism may be understood in terms of these tendencies. The view is contrasted with the evolutionary view of the law that overemphasizes instrumental concerns and largely neglects the ‘organic’ aspects of the system of law.

Keywords: custom; evolutionism; instrumentalism; law; legal positivism; natural law; reason

Chapter.  5676 words. 

Subjects: Microeconomics

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