The Primitive Lawyer Speaks!: Thoughts on the Concepts of International and Rabbinic Laws
Villanova Law Review, Forthcoming
University of Georgia School of Law Legal Studies Research Paper No. 2019-26
13 Pages Posted: 8 Aug 2019
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: Suggested Citation