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The Grammar of Customary Law
Jeremy Webber, Professor, Faculty of Law, University of Victoria
Coach House, Green College, 6201 Cecil Green Park Road, UBC
January 27 12:30 pm - 2:00 pm

In this talk, Webber argues for the customary nature of law – all law – building on the pragmatist conception of law developed by Lon Fuller and Gerald Postema. The talk substantially modifies their approach, however, arguing that facilitation and efficiency are less responsible for the content of law and that the various conceptual languages of the law play a much greater role. In doing so, Webber offers an understanding of how law is related to its various societies, with an argument that has important implications for the value of comparative law and indeed for normative comparison/dialogue/judgment across cultures. Although this understanding is not limited to customary law in the narrow sense, it does draw upon comparisons across indigenous and non-indigenous orders to make its arguments.

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