By Wesley Newcomb Hohfeld
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Extra resources for Conceptos jurídicos fundamentales
Those accustomed to seeing law only in its formal institutions, in terms of statutes, decisions, judges, legislators and administrators miss the point. Law can be found any place and any time that a group gathers together to pursue an objective. The rules, open or covert, by which they govern themselves, and the methods and techniques by which these rules are enforced, is the law of the group. Judged by this broad standard, most law-making is too ephemeral to be even noticed. But when conflict within the group ensues, and it is forced to decide between conflicting claims, law arises in an overt and relatively conspicuous fashion.
44 Consequently, the Gypsies believe they should approach and respond to the gaje with caution,45 especially if the gaje profess good intentions, claim to serve the best interest of the Gypsies, or propagate some abstract ideals of non-Gypsy origin, such as the scholarly pursuit of truth. Romani reservations apply equally to gajikane notions of due process, civil rights, and neutrality of law. As a result of such reservations, persons inquiring into the operation of the Gypsy legal system cannot count on cooperation.
COWAN & STRICKLAND, supra note , at i. , a statute passed under the authority of the state. LON L. FULLER, ANATOMY OF LAW – () [hereinafter FULLER, ANATOMY]. This conceptualization of informal lawmaking may include the rules governing a camping trip of friends, id. at –, the custom of merchants, id. at , or tribal law, id. at –. . Reisman has described microlegal systems that govern encounters on the street, the act of waiting in lines, and communications between subordinates and superiors.
Conceptos jurídicos fundamentales by Wesley Newcomb Hohfeld