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Anglophone and Civilian Convergence: Law, Values, Culture, and Learning in the Global Age

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  • Joseph P Garske

Abstract

This paper examines the question of what values might underlie a global regimen of law. It is concerned with the level of culture and learning that could prevail among a future global public. It begins by explaining how law is a central element in the project of globalization, and how legal influence touches on all areas of global order. The paper discusses the two predominant Western traditions of law, Anglophone and Civilian, the legal culture each represents, and the values implicit in their two different conceptions of legality. It reviews certain fundamental elements present in each tradition since their near simultaneous beginnings in the medieval world. It explores the relationship of both legal methods to the realm of public understanding, especially in their two differing versions of the university as a center of learning. In doing so, the paper also examines the contrasting roles of scholar and judge in each legal system. It then looks forward to probable difficulties in any attempt at combining the two traditions of law into a single global regime. The paper concludes by using America as a model to contemplate what values might shape an Anglophone legal culture, applicable to all peoples in all localities around the world. Finally, the paper summarizes the foregoing, and looks toward the possible redefinition of culture and learning in a global Rule of Law.

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  • Joseph P Garske, 2020. "Anglophone and Civilian Convergence: Law, Values, Culture, and Learning in the Global Age," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 21, pages 20-37, January.
    • Handle: RePEc:etc:journl:y:2020:i:21:p:20-37
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    References listed on IDEAS

    as
    1. Martian Iovan, 2019. "Current Meanings of the Legal Culture Concept and the Question of Truth Regarding its Elements," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 19, pages 49-64, March.
    2. Cutler,A. Claire, 2003. "Private Power and Global Authority," Cambridge Books, Cambridge University Press, number 9780521533973.
    3. Joseph P. Garske, 2018. "Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 18, pages 34-41, February.
    4. Cutler,A. Claire, 2003. "Private Power and Global Authority," Cambridge Books, Cambridge University Press, number 9780521826600.
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