The Primitive Lawyer Speaks!: Thoughts on the Concepts of International and Rabbinic Laws

13 Pages Posted: 8 Aug 2019

See all articles by Harlan Grant Cohen

Harlan Grant Cohen

University of Georgia School of Law; University of Georgia - Dean Rusk International Law Center

Date Written: August 7, 2019

Abstract

Inspired by Chaim Saiman’s brilliant book, Halakhah: The Rabbinic Idea of Law, this essay draws connections between the lived experiences of international law and Jewish law, focusing in particular on (1) the centrality of practice, (2) the search for and construction of authority in communities of practice (the “invisible college”), (3) the challenges and opportunities of fragmentation and pluralism, and (4) the difficulty translating their methods to more state-like institutions, like courts and legislation. The hope is that this testimony of one of H.L.A. Hart’s primitive lawyers can provide a fuller, more textured picture of how law might operate or be experienced.

Keywords: international law, policymaking, international relations, H.L.A. Hart, religious law, Rabbinic Laws, soft law

JEL Classification: F50, F53, K33

Suggested Citation

Cohen, Harlan Grant, The Primitive Lawyer Speaks!: Thoughts on the Concepts of International and Rabbinic Laws (August 7, 2019). Villanova Law Review, Forthcoming; University of Georgia School of Law Legal Studies Research Paper No. 2019-26; Dean Rusk International Center Research Paper No. 2019-07. Available at SSRN: https://ssrn.com/abstract=3433894

Harlan Grant Cohen (Contact Author)

University of Georgia School of Law ( email )

Hirsch Hall
Athens, GA 30602
United States
706-542-5166 (Phone)

University of Georgia - Dean Rusk International Law Center ( email )

100 Herty Drive
Athens, GA 30602-6018
United States

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