Comparison of the World’s Major Legal Traditions on the Basis of the Role of Law
STL LHSS: Comparison of the World’s Major Legal Traditions on the Basis of the Role of Law
Date & Time: August 23, 2024
Speaker: Dmitry Poldnikov, Professor of legal history and comparative law at MGIMO University and Higher School of Economics
Moderator: Prof. Norman P. Ho, Peking University School of Transnational Law
Lecture Summary:
The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies through history in major Eastern and Western civilizations? This question should be answered in comparative perspective. Firstly, one has to explain the functional classification of legal traditions into three ideal Weberian types—the law of judges, the learned law, and the law of the ruler. It unveils the origin of the social norm of
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