The Non-Scalability Of The Concept Of Law — A Reply To Thomas Schultz
13 Pages Posted: 19 Feb 2015 Last revised: 24 Feb 2015
Date Written: February 18, 2015
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: Suggested Citation