Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-24T03:07:39.805Z Has data issue: false hasContentIssue false

3 - Legal Praxeology: Into Perspective and into Practice

from Part I - The Concept of Law

Published online by Cambridge University Press:  16 June 2021

Baudouin Dupret
Affiliation:
Sciences Po Bordeaux
Get access

Summary

Legal praxeology is the perspective that claims to consider the law through the practices that take the same law as their point of reference. It occupies the space that exists between formalism and sociologism. Legal praxeology is the approach that takes law seriously in all its formal and sociological depth. This means that it considers absurd the pretention of dealing with law while ignoring what its practitioners take as essential to their activities, that is, the rules; but it finds it equally indispensable to deal with these rules and the activities that refer to them through their modes of accomplishment. Legal praxeology does not aspire to theorizing, if the latter is understood as the search for abstract generalization in which to subsume the infinite variety of cases. Particular cases are studied ethnographically in order to elicit the mechanisms that are specific to how they unfold, including what is linked to the law as followed by both its professional and lay practitioners. Legal praxeology’s descriptive attention is concerned with the methods proper to the people concerned. One could speak of an interest in “legal ethnomethods.”

Type
Chapter
Information
Positive Law from the Muslim World
Jurisprudence, History, Practices
, pp. 76 - 96
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×