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Law’s culture and lived culture: a comment on Roger Cotterrell’s ‘The struggle for law: some dilemmas of cultural legality’

  • Naomi Mezey (a1)
Abstract

I want to thank Roger Cotterrell for his stimulating lecture, and thank especially Carrie Menkel-Meadow and the International Journal of Law in Context for the opportunity to participate in this important conversation. I admire Professor Cotterrell’s choice of topic; he has taken up a really hard and pressing question for many pluralist societies right now, which is how law and legal theory might make sense of the legal demands of cultural pluralism. Kwame Anthony Appiah has nicely articulated a similar version of this problem: ‘The challenge, then, is to take minds and hearts formed over the long millennia of living in local troops and equip them with ideas and institutions that will allow us to live together as the global tribe we have become’ (Appiah, 2006, p. xiii). Even if you do not share Appiah’s exuberant cosmopolitanism, the issue remains that conflict between human groups based on small differences often unrecognisable to outsiders is probably the norm in human history, and each society (however defined) continues to negotiate that problem of boundaries, membership and codes of conduct, of who can be included and whose practices can and cannot be tolerated.

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Appiah Kwame Anthony (2006) Cosmopolitanism: Ethics In A world of Strangers. New York: W. H. Norton.
Benhabib Seyla (2002) The Claims of Culture: Equality and Diversity in the Global Era. Princeton, NJ: Princeton University Press.
Cotterrell Roger (2008) ‘The Struggle for Law: Some Dilemmas of Cultural Legality’, International Journal of Law in Context, 4(4): 373–84.
Dworkin Ronald (1986) Law’s Empire, London: Fontana Press.
Ford Richard T. (2005) Racial Culture: A Critique. Princeton, NJ: Princeton University Press.
Gellner Ernest (1983) Nations and Nationalism. Ithaca, NY: Cornell University Press.
Gilroy Paul (1993) Small Acts: Thoughts on the Politics of Black Cultures. London: Penguin Books.
Mezey Naomi (2001) ‘Law as Culture’, Yale Journal of Law and Humanities 13: 3567.
Sunder Madhavi (2001) ‘Cultural Dissent’, Stanford Law Review 54: 495567.
Tsoukala Philomila (2008) ‘Marrying Family Law to the Nation’, unpublished manuscript on file with author.
Volpp Leti (2000) ‘Blaming Culture for Bad Behavior’, Yale Journal of Law and Humanities 12: 89116.
West Robin (2008) ‘Comments on Roger Cotterrell’s “The Struggle for Law: Some Dilemmas of Cultural Legality”’, International Journal of Law in Context, 4(4): 401405.
Williams Raymond (1988) Keywords: A Vocabulary of Culture and Society, revised edn. London: Fontana Press.
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International Journal of Law in Context
  • ISSN: 1744-5523
  • EISSN: 1744-5531
  • URL: /core/journals/international-journal-of-law-in-context
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