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Legal Systems Very Different from Ours

daviddfriedman.com

11–20 of 35 posts

Re: Legal Systems Very Different from Ours

#11
post #8

Earlier quoted context omitted.

Is willfully obtuse

Nope. Is trying - unsuccessfully, apparently - to point out how arrogant and offending the use of "ours" is in a supposedly scholarly work: I am the byproduct of a so-called "western" culture, yet don't recognize the law system under which my country of origin operates are being covered by this "ours" used in the title.

"Ours" as in "the one the people attending this course currently fall under" seems quite obvious and non-offensive?

Re: Legal Systems Very Different from Ours

#12
post #7

Earlier quoted context omitted.

From the homepage: > I teach at Santa Clara University in the Law School. This spring I am teaching Economic Analysis of Law, and a seminar on Legal Systems Very Different From Ours.

Doesn't answer the question

Sure it does. It makes it unequivocally obvious that it's the American legal system that is referred to.

Re: Legal Systems Very Different from Ours

#13
post #8

Earlier quoted context omitted.

Is willfully obtuse

Nope. Is trying - unsuccessfully, apparently - to point out how arrogant and offending the use of "ours" is in a supposedly scholarly work: I am the byproduct of a so-called "western" culture, yet don't recognize the law system under which my country of origin operates are being covered by this "ours" used in the title.

Arrogant and offending, how? Who is it offending? How is it arrogant?

Arrogant maybe if it said "the best." But it didn't, it said "ours."

Offending maybe if it said "Shit legal systems." But it didn't, it said "Legal systems."

It isn't really reaching to make a few assumptions. On an English speaking website, owned by an American accelerator in California, with a majority of American users, is it hard to assume that "ours" means "American?"

Re: Legal Systems Very Different from Ours

#16
People seem to be getting into a tizzy about what 'ours' refers to here.

It refers to common and civil law, the two dominant legal traditions in the world. See: https://en.wikipedia.org/wiki/Common_law#/media/File:Map_of_...

Both arose in Europe, and have been promulgated throughout the world.

These other legal traditions are often highlighted and discussed to show what assumptions the current dominant systems rely upon and what their biases tend to be.

Re: Legal Systems Very Different from Ours

#17
post #8

Earlier quoted context omitted.

Is willfully obtuse

Nope. Is trying - unsuccessfully, apparently - to point out how arrogant and offending the use of "ours" is in a supposedly scholarly work: I am the byproduct of a so-called "western" culture, yet don't recognize the law system under which my country of origin operates are being covered by this "ours" used in the title.

There are (at least) two different kinds of first-person singular: “me and you” and “me and some other people but not you.”

English, unfortunately, does not distinguish between these cases. “Ours” can mean “mine and yours” or it can mean “mine and that of some other people.”

The author clearly means the latter, and you’re getting offended over your own misunderstand.

Re: Legal Systems Very Different from Ours

#18
post #14

The list doesn't include Western laws. - Common law - Case law (popular in Anglo countries) - Civil law (popular in Western European countries)

That's because it's meant to look at other legal systems -- ones very different from the ones its audience are familiar with, i.e. those.

Re: Legal Systems Very Different from Ours

#19
post #5

Ours, whos?

From those listed I’d say the Western world’s. The list doesn’t mention either common law or civil law. As different from each other as those are they’re still mutually intelligible.

I've read the book and can confirm that you're exactly right.

Re: Legal Systems Very Different from Ours

#20
post #14

The list doesn't include Western laws. - Common law - Case law (popular in Anglo countries) - Civil law (popular in Western European countries)

Hilariously, you seem to be getting downvoted for providing the correct answer to a question asked in another thread of this discussion.
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