Provided by the author(s) and University College Dublin Library in accordance with publisher policies. Please cite the published version when available. Title Where Does Law Come From? Authors(s) Casey, Gerard Publication date 2010-12 Publication information Philosophical Inquiry, 32 (3-4): 85-92 Publisher Philosophy Documentation Center Item record/more information http://hdl.handle.net/10197/5108 Publisher's version (DOI) 10.5840/philinquiry2010323/45 Downloaded 2021-10-02T20:08:21Z The UCD community has made this article openly available. Please share how this access benefits you. Your story matters! (@ucd_oa) © Some rights reserved. For more information, please see the item record link above. Where Does Law Come From? Gerard Casey University College Dublin Dublin 4, Ireland Ph. 353 1 716 8201 Email.
[email protected] 1 Abstract Law, like language, is the product of social evolution, embodied in custom. The conditions for the emergence of law—embodiment, scarcity, rationality, relatedness and plurality—are outlined, and the context for the emergence of law—dispute resolution— is analysed. Adjudication procedures, rules and enforcement mechanisms, the elements of law, emerge from this context. The characteristics of such a customarily evolved law are its severely limited scope, its negativity, and its horizontality. It is suggested that a legal system (or systems) based on the principles of archaic law could answer the needs of social order without permitting the paternalistic interferences with liberty characteristic of contemporary legal systems. 2 I: Introduction In the darkest days of World War I, the following conversation took place in the trenches between the courage-challenged but cynical Captain Blackadder and the intelligence- challenged but phlegmatic Private Baldrick.