Post by Kiwi Frontline on May 25, 2024 6:19:31 GMT 12
Caleb Anderson: WHAT HAPPENS WHEN THE LAW BECOMES NEGOTIABLE?
If the merging of tikanga and Western law is an unsettling proposition to the lay mind, why is it being embraced so emphatically, and promoted so enthusiastically, by some of our leading law professors and academics? Last week a spirited defence was made of the merging of tikanga and law by those you would think would know better. What is at play here?
Debate in recent weeks over the role of tikanga in law has given rise to many questions. To the lay mind, the merging of tikanga and Western law would seem, self-evidently, problematic. If the law is not predictable, written down, precisely defined, and consistently applied (over time) is it still law? Or is it something else? In other words, how can something mystical, evolving, fluid, and largely subjective, be a foundation of a workable legal system?.....
breakingviewsnz.blogspot.com/2024/05/caleb-anderson-what-happens-when-law.html
If the merging of tikanga and Western law is an unsettling proposition to the lay mind, why is it being embraced so emphatically, and promoted so enthusiastically, by some of our leading law professors and academics? Last week a spirited defence was made of the merging of tikanga and law by those you would think would know better. What is at play here?
Debate in recent weeks over the role of tikanga in law has given rise to many questions. To the lay mind, the merging of tikanga and Western law would seem, self-evidently, problematic. If the law is not predictable, written down, precisely defined, and consistently applied (over time) is it still law? Or is it something else? In other words, how can something mystical, evolving, fluid, and largely subjective, be a foundation of a workable legal system?.....
breakingviewsnz.blogspot.com/2024/05/caleb-anderson-what-happens-when-law.html