Damaska’s second dimension divides legal orders into hierarchical and coordinate systems of judicial group. In the hierarchical perfect officials are professionals who are organized in a strict hierarchy and who employ special, technical requirements of determination making. The coordinate best describes a more amorphous machine by which legal functionaries are amateurs who’re organized in relationships of relatively equal authority and who do justice based on prevailing ethical, political, or spiritual norms. Weber’s vision of the Moslem Khadi making use of substantive (non secular) law would seem to explain this sort of legal order.
In contrast to English common regulation, which consists of monumental tomes of case regulation, codes in small books are simple to export and easy for judges to use. EU law is codified in treaties, but develops via de facto precedent laid down by the European Court of Justice.
Bourdieu presents a complex view of the autonomy of … Read More