Introduction: The Grey Goose

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print August 2010 | ISBN: 9780199592685
Published online January 2011 | e-ISBN: 9780191595653 | DOI:
Introduction: The Grey Goose

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The term ‘law’ is usually taken to refer to forms of what is typically called ‘state law’ or ‘positive law’, including constitutional law, enacted legislation, law arising from or associated with the courts, and, from many perspectives, elements of international law. This chapter proposes an understanding of ‘law’ as those judgments and choices that in recurrent kinds of circumstances are generally accepted and approved in a particular community. This is referred to as the ‘living law’, the communal law, or the communal moral tradition. The chapter introduces the Roman law definition of justice given in Justinian's Corpus Iuris Civilis — the giving to each what is due — and traces the links between ‘law’ and ‘justice’ in light of these understandings and with particular reference to the thought of Aristotle, St Thomas Aquinas, and Michel Villey. An overview of the book's contents and structure is also included in this chapter.

Keywords: living law; state law; positive law; communal law; communal moral tradition; customary law; ius; Justinian; Corpus Iuris Civilis; Aristotle

Chapter.  10494 words. 

Subjects: Jurisprudence and Philosophy of Law

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