A Legal Sketch Map of Culture

in Reza Banakar, Karl Dahlstrand and Lotti Ryberg Welander eds, Festskrift till Håkan Hydén Lund: Juristförlaget i Lund, 2018, pp. 107-19.

Queen Mary School of Law Legal Studies Research Paper No. 327/2020

16 Pages Posted: 7 Feb 2020

See all articles by Roger Cotterrell

Roger Cotterrell

Queen Mary University of London, School of Law

Date Written: 2018

Abstract

This paper sets out an analytical framework in which the vague concept of ‘culture’ can be understood systematically in legal theory and sociology of law, and can be made useful as an operational idea in socio-legal inquiry. It treats culture as characterised by combinations of different types of relations of community – that is, social relations involving elements of mutual interpersonal trust dependent on (i) shared or convergent instrumental aims, (ii) common values or beliefs, (iii) shared tradition and inherited environments of co-existence, or (iv) affective ties. For purposes of legal study ‘community’ and ‘culture’ are interlinked concepts, each referring to an often complex overlay of social bonds. Tendencies towards relatively ‘closed’ cultures and communities are explained and illustrated in the paper with special reference to the case of business cultures and some problems which these can present for effective legal regulation.

Keywords: culture, community, Ehrlich, Segerstedt, business cultures, closed cultures, sociology of law

Suggested Citation

Cotterrell, Roger, A Legal Sketch Map of Culture (2018). in Reza Banakar, Karl Dahlstrand and Lotti Ryberg Welander eds, Festskrift till Håkan Hydén Lund: Juristförlaget i Lund, 2018, pp. 107-19. , Queen Mary School of Law Legal Studies Research Paper No. 327/2020, Available at SSRN: https://ssrn.com/abstract=3533111

Roger Cotterrell (Contact Author)

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

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