Oral custom: At the origin or at the fringes of law? - HAL Accéder directement au contenu
Chapitre d'ouvrage Année : 2021

Oral custom: At the origin or at the fringes of law?

Résumé

Legal historians discuss the use they can make of Hart’s Concept of Law to study the emergence of law in ancient polities. The former saw oral customs as a form of spontaneous law at the origins of any legal development in ancient peoples. The demarcation made by Hart between pre-legal and legal systems can be used to differentiate customs outside legal systems and customary law inside legal systems. Legal historians are very attentive to the issue of writing down primary rules of conduct: archeological research that has no written testimonies cannot provide much information about customary laws; we can know customs of the past, as well as customary laws, only thanks to written texts. Legal historians are aware of two well-known historical situations, that of Icelandic Law and that of Athenian law, in which the tradition speaks of a supposed long period of oral customary law preceding the writing down of the law.

Domaines

Droit
Loading...
Fichier non déposé

Dates et versions

halshs-03461110, version 1 (01-12-2021)

Identifiants

Citer

Jean-Louis Halpérin. Oral custom: At the origin or at the fringes of law?. Edoardo Frezet, Marc Goetzmann, Luke Mason. Spaces of Law and Custom, Routlege, 2021, 9780367344498. ⟨10.4324/9780429330728-4/⟩. ⟨halshs-03461110⟩
26 Consultations
0 Téléchargements
Dernière date de mise à jour le 28/04/2024
comment ces indicateurs sont-ils produits

Altmetric

Partager

Gmail Facebook Twitter LinkedIn Plus