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On Custom in the Economy$
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Ekkehart Schlicht

Print publication date: 1998

Print ISBN-13: 9780198292241

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0198292244.001.0001

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The Law

The Law

Chapter:
(p.191) Chapter 12 The Law
Source:
On Custom in the Economy
Author(s):

Ekkehart Schlicht

Publisher:
Oxford University Press
DOI:10.1093/0198292244.003.0013

The law is closely related to custom. It may be understood as brought about by the same tendencies that bring about custom. The tension between natural law and legal positivism may be understood in terms of these tendencies. The view is contrasted with the evolutionary view of the law that overemphasizes instrumental concerns and largely neglects the ‘organic’ aspects of the system of law.

Keywords:   custom, evolutionism, instrumentalism, law, legal positivism, natural law, reason

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