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Picking up the pieces

The Law Traditions and Culture

Posted 26.08.2010 | 6:33 am
The Law Traditions and Culture

Many people use the term culture as an expression of art - all forms of art plus the traditions of the public. However, to be precise, culture includes much more tha that especially in more diverse societies, it includes the traditions adopted by the different spheres of public life, the different social layers, the distinguished social relations. This is the reason that in many countries with strong justice systems, there have been many traditions still followed - this gives us the idea of law culture - something that sceptics might ignore as non-existing, but what is obvious at a glance.

An appropriate example for law culture would be th UK - a country with strong judiciary, certain legal influence over the world and traditions in the legal world that remain strong since the establishment of the courts of Britain.

One of the most influential elements in the legal culture of the UK are the so called constitutional conventions - since the UK is country with uncodified constition ( or more approapriately said - unwritten constitution), the enforcement of constitutional truths has no practical application since it cannot be brought into the court - judges cannot determine the rules according to something that is not written and announced as constitution. However, the traditions of the legal world have given birth to the constitutional conventions - these are rather cultural habits than enforceable rights of duties since there are no legal consequences if a convention is broken in the law sphere of the UK, such as Paternity Tests.

However, as a part of the UK culture, not following a convention would inevitably lead to public critisism - imagine the Queen would not give the royal assent to the party that has won the elections (as a matter of convention she must give royal assent to whosoever has won the majority of seats in the house of commons) - she has no legal duty to give it to that party, but the public has choosen, the queen would be put under significant pressure, people might even want an establishment of a republic.

This is why in the legal world certain cultural habits can be observed - in countries like the UK, with strong judiciary and governing laws, the law culture plays a significant part of the governing traditions and the social relations in the public.


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