Comparative Philosophy of Comparative Law

Abstract

Cultural anthropology and sociological jurisprudence have shown thatthere is no culture or society without normative legal procedures forsettling the disputes of its people. Moreover, these legal proceduresvary in their normative ethical content. So different is this content fromculture to culture that the anthropologist Professor E. A. Hoebel hasfound it necessary to introduce seven normatively different sets of postulatesin order to describe the legal norms of seven so-called primitivepeoples. Such facts remind us that in comparative law and philosophyit is very dangerous to use the words good or just unless we specifyboth the culture to which we are referring and its specific set of normativeassumptions