IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/16589_7.html
   My bibliography  Save this book chapter

Imperialism and difference in legal theory

In: Understanding the Nature of Law

Author

Listed:
  • .

Abstract

This chapter examines two prevalent views about how to understand the diversity of methodological approaches to law. The first view is called, following Hart, ‘imperialism’ in legal theory. Imperialism is the attempt to find and demonstrate the truth of a single methodological approach to understanding law. Any theory which does not adopt the method claimed to be the correct one is dismissed by the imperialist view as inadequate, since it will simply miss what is truly important about law. The second view is called the ‘difference view’, and is best understood as a reaction to imperialism: it maintains that theories should be distinguished and understood in light of their avowed purposes, such that theories of different types cannot be viewed as competitive if their principal aims are fundamentally different. This chapter argues that neither imperialism nor the difference view ought to be accepted.

Suggested Citation

  • ., 2015. "Imperialism and difference in legal theory," Chapters, in: Understanding the Nature of Law, chapter 7, pages 163-187, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:16589_7
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/view/9781784718800.00016.xml
    Download Restriction: no
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Eldred, Lindsey M. & Gifford, Elizabeth J., 2016. "Empirical evidence on legal levers aimed at addressing child maltreatment," Children and Youth Services Review, Elsevier, vol. 60(C), pages 11-19.
    2. Nikolaev, Boris & McGee, Jennifer, 2016. "Relative Verbal Intelligence and Happiness," MPRA Paper 78564, University Library of Munich, Germany.

    More about this item

    Keywords

    Law - Academic;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:16589_7. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.