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The Non-Scalability Of The Concept Of Law—A Reply To Thomas Schultz

Author

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  • Sergey V. Tretyakov

    (National Research University Higher School of Economics)

Abstract

The thesis of the non-scalability of the concept of law put forward by Professor Thomas Schultz is under the scrutiny in this paper. The major weakness of the thesis is that the emergence of transnational normative regimes question the old paradigm of the concept of law. The deterritorialization of the legal mode of domination blocks the possibility of fixing the (indisputable) necessary and sufficient conditions which constitute the concept of law and which are the prerequisites for the justification of the non-scalability thesis. The author thinks that we need another sort of methodology to describe the problem

Suggested Citation

  • Sergey V. Tretyakov, 2015. "The Non-Scalability Of The Concept Of Law—A Reply To Thomas Schultz," HSE Working papers WP BRP 46/LAW/2015, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:46/law/2015
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    File URL: http://www.hse.ru/data/2015/02/24/1090736435/46LAW2015.pdf
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    More about this item

    Keywords

    non-scalability of law; threshold; internal morality of law; deterritorialization; concept and conception; necessary and sufficient conditions;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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