The Non-Scalability Of The Concept Of Law — A Reply To Thomas Schultz

13 Pages Posted: 19 Feb 2015 Last revised: 24 Feb 2015

See all articles by Sergey Tretyakov

Sergey Tretyakov

National Research University Higher School of Economics

Date Written: February 18, 2015

Abstract

The thesis of the non-scalability of the concept of law put forward by Professor Thomas Schultz is under the scrutiny in this paper. The major weakness of the thesis is that the emergence of transnational normative regimes question the old paradigm of the concept of law. The deterritorialization of the legal mode of domination blocks the possibility of fixing the (indisputable) necessary and sufficient conditions which constitute the concept of law and which are the prerequisites for the justification of the non-scalability thesis. The author thinks that we need another sort of methodology to describe the problem.

Keywords: non-scalability of law, threshold, internal morality of law, deterritorialization, concept and conception, necessary and sufficient conditions

JEL Classification: K10

Suggested Citation

Tretyakov, Sergey, The Non-Scalability Of The Concept Of Law — A Reply To Thomas Schultz (February 18, 2015). Higher School of Economics Research Paper No. WP BRP 46/LAW/2015. Available at SSRN: https://ssrn.com/abstract=2566759 or http://dx.doi.org/10.2139/ssrn.2566759

Sergey Tretyakov (Contact Author)

National Research University Higher School of Economics ( email )

Myasnitskaya street, 20
Moscow, Moscow 119017
Russia

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