Theme: Civilization

CIVILIZATIONAL DIFFERENCES IN THE MEANING OF WHAT WESTERNERS CALL “LAW”

Historically we use the same term ‘law’ to refer to rules in both our civilization other civilizations, but with different criteria and legitimacy. So given the major civilizations, what are these differences in the origin of legitimacy and the criteria for decidability? And what terms do those other major civilizations use to refer to their political rules?

1. Western Legal Tradition:
– Origin of Legitimacy: Western law is largely based on contract, with legitimacy derived from sovereignty, reciprocity, duty, and truth.
– Criteria for decidability: Tort – violation of demonstrated interests.
– Term: The term used is generally “law” (lex in Latin, nomos in Greek).

2. Chinese Legal Tradition:
– Origin of legitimacy: Harmony with natural order (Tao), social stability
– Criteria for decidability: Confucian ethics, precedent, and imperial edicts
– Terms: Fa (法) meaning “law” or “method”, and Li (禮) meaning “rites” or “propriety”

3. Japanese Legal Tradition:
– Origin of legitimacy: Imperial authority, social harmony (wa)
– Criteria for decidability: Custom, precedent, and later, Western-influenced codified law
– Term: Hō (法) meaning “law”, borrowed from Chinese

4. Islamic Legal Tradition:
– Origin of legitimacy: Divine revelation (Quran) and prophetic tradition (Sunnah)
– Criteria for decidability: Interpretation of religious texts by scholars (ijma and qiyas)
– Term: Sharia (شريعة) meaning “the way” or “path”

5. Hindu Legal Tradition:
– Origin of legitimacy: Dharma (cosmic order, duty, righteousness)
– Criteria for decidability: Sacred texts (Dharmasastras), custom, and interpretation by scholars
– Term: Dharma (धर्म)

6. African Customary Law:
– Origin of legitimacy: Ancestral traditions, community consensus
– Criteria for decidability: Oral traditions, elder councils, reconciliation
– Terms vary by region and language, but often translate to “custom” or “way of the ancestors”