1 - Law as a Concept

Summary

By mixing conceptual clarification and semantic probes, we seek to underscore the problematic nature of characterizing law as a universal concept. We intend to show that law, in the sense by which it is globally understood today, is the outcome of a contingent experience whose extension to other historical and cultural contexts has been achieved at a huge price: heuristic weakness, analytical vacuity, grammatical incoherence, pluralist dogmatism. First, we examine works dealing with “legal pluralism” and “legalism” to identify the reasons why the term “law,” its conceptual extension, and the attribution of its predicative quality are problematic and badly reflect the gap that can exist between a “legalistic way of thinking” about the world and the existence of law in its contemporary meaning. Second, we specifically address works dealing with “Islamic law” and law in Muslim contexts to try to see what law can be at the margin but also what people make it into, often abusively. Third, we seek to outline the contours of a conceptual inquiry, delimiting its relevance, specifying its limits, taking advantage of its analytical razor, clearing the mist, opening the domain of grammar.