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

Sergey Tretyakov ()
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Sergey Tretyakov: National Research University Higher School of Economics

HSE Working papers from 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

Keywords: non-scalability of law; threshold; internal morality of law; deterritorialization; concept and conception; necessary and sufficient conditions (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Pages: 13 pages
Date: 2015
New Economics Papers: this item is included in nep-law
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Published in WP BRP Series: Law / LAW, February 2015, pages 1-13

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:46/law/2015

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