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Cultural Determination of Jurisprudence and the Anthropology of Law

Publication |
2012

Abstract

This article examines the cultural determination of jurisprudence, its impact on legal anthropology and the current state of this problem in particular areas. Despite the absence of any explicit intent on the part of jurisprudence to prove that one legal culture is better than another, Western law and legal culture has been excluded from the context of other types of legal cultures.

At most, one Western (or Western-like) legal system was compared to another Western (or Western-like) legal system (comparative law); otherwise, it was not compared at all (orthodox legal theory). The anthropological investigation of legal systems found in non-Western cultures has strongly disproved the unique nature and in particular the superiority of Western law and legal culture.

Unfortunately, this investigation has not led to any transformation of Western jurisprudence. Therefore the particular implication of jurisprudence's defence mechanism against these anthropological findings is thematized in order to avoid their influence and indicate options for the further development of legal anthropology in particular areas.

This article exemplifies these areas using a list of particular scientific expressions.