The Struggle for Law: Some Dilemmas of Cultural Legality

International Journal of Law in Context, Vol. 4, 2009

Queen Mary School of Law Legal Studies Research Paper No. 10/2009

Second Annual International Journal of Law in Context Lecture, Georgetown University, Washington DC, January 2008

21 Pages Posted: 4 Mar 2009 Last revised: 10 Apr 2016

See all articles by Roger Cotterrell

Roger Cotterrell

Queen Mary University of London, School of Law

Date Written: March 4, 2009

Abstract

What general challenges are posed for legal thought by multiculturalism? Until relatively recently, modern jurists (as contrasted with sociolegal scholars) have not devoted much attention to cultural diversity as an issue for legal theory, or to asking general theoretical questions about law's relation to culture. This paper considers why and how this situation of neglect is changing. It reviews major recent encounters in legal thought with the concept of culture, and the development of a new 'jurisprudence of difference'. It advocates a focus on 'community' and 'communication' in legal theory in addressing multicultural challenges for regulation, and illustrates how this approach may relate to judicial practice and the communication processes of the courtroom.

Suggested Citation

Cotterrell, Roger, The Struggle for Law: Some Dilemmas of Cultural Legality (March 4, 2009). International Journal of Law in Context, Vol. 4, 2009, Queen Mary School of Law Legal Studies Research Paper No. 10/2009, Second Annual International Journal of Law in Context Lecture, Georgetown University, Washington DC, January 2008, Available at SSRN: https://ssrn.com/abstract=1353425

Roger Cotterrell (Contact Author)

Queen Mary University of London, School of Law ( email )

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