Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age

The principle of human trust works in both the Anglophone and Civilian legal cultures, but does so in two opposite ways. Although not explicitly stated in either legal tradition, the element of trust is of central importance in both. The two traditions began in the medieval period, but in very diffe...

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Autor principal:	Joseph P. Garske
Formato:	article
Lenguaje:	EN
Publicado:	Academicus 2018
Materias:	anglophone; civilian; law; reason; faith; trust Social Sciences H Economics as a science HB71-74
Acceso en línea:	https://doaj.org/article/6ba4c9995bb44af1aab991c89ef96004
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spelling	oai:doaj.org-article:6ba4c9995bb44af1aab991c89ef960042021-12-02T15:00:02ZAnglophone and Civilian Legal Cultures: Two understandings of human trust for the global age2079-37152309-108810.7336/academicus.2018.18.03https://doaj.org/article/6ba4c9995bb44af1aab991c89ef960042018-07-01T00:00:00Z http://www.academicus.edu.al/nr18/Academicus-MMXVIII-18-034-041.pdf https://doaj.org/toc/2079-3715https://doaj.org/toc/2309-1088The principle of human trust works in both the Anglophone and Civilian legal cultures, but does so in two opposite ways. Although not explicitly stated in either legal tradition, the element of trust is of central importance in both. The two traditions began in the medieval period, but in very different circumstances. They had entirely different understandings of what law was and the purposes for which it worked. Their modern incarnations, together with implicit attitudes toward human trust, took shape during the seventeenth and eighteenth centuries--in ways that reinforced their original differences. Their contradictory ideas of trust derived from opposing concepts of human nature: a Humanist confidence in the capacity of men as compared with a Calvinist belief in the depravity of men. Eighteenth century Continental jurists rejected religion as the educative basis of rule. Instead, they embraced an Optimistic philosophic view of human nature, expressed in the Sensus Communis. During the same period England retained a deeply established Puritan ethos. It separated Church and State but, unlike the more secular Continent, it retained an amorphous religiosity as the legitimizing basis of its rule. In Continental legal culture, the ideological and educative half of governance was emphasized. Public cultivation and learning, and the faculty of human reason, were relied on as the ultimate basis of order. By contrast, Anglophone legality, resting on an assumption of human turpitude, promised freedom—but within enforced limits. Its hierarchical Rule of Law was founded on public faith in judicial authority. The project to construct a global law brings these traditions into confrontation. A resolution reached by them will determine the meaning and importance of human trust in the global age.Joseph P. GarskeAcademicusarticleanglophone; civilian; law; reason; faith; trustSocial SciencesHEconomics as a scienceHB71-74ENAcademicus International Scientific Journal, Vol MMXVIII, Iss 18, Pp 34-41 (2018)
institution	DOAJ
collection	DOAJ
language	EN
topic	anglophone; civilian; law; reason; faith; trust Social Sciences H Economics as a science HB71-74
spellingShingle	anglophone; civilian; law; reason; faith; trust Social Sciences H Economics as a science HB71-74 Joseph P. Garske Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age
description	The principle of human trust works in both the Anglophone and Civilian legal cultures, but does so in two opposite ways. Although not explicitly stated in either legal tradition, the element of trust is of central importance in both. The two traditions began in the medieval period, but in very different circumstances. They had entirely different understandings of what law was and the purposes for which it worked. Their modern incarnations, together with implicit attitudes toward human trust, took shape during the seventeenth and eighteenth centuries--in ways that reinforced their original differences. Their contradictory ideas of trust derived from opposing concepts of human nature: a Humanist confidence in the capacity of men as compared with a Calvinist belief in the depravity of men. Eighteenth century Continental jurists rejected religion as the educative basis of rule. Instead, they embraced an Optimistic philosophic view of human nature, expressed in the Sensus Communis. During the same period England retained a deeply established Puritan ethos. It separated Church and State but, unlike the more secular Continent, it retained an amorphous religiosity as the legitimizing basis of its rule. In Continental legal culture, the ideological and educative half of governance was emphasized. Public cultivation and learning, and the faculty of human reason, were relied on as the ultimate basis of order. By contrast, Anglophone legality, resting on an assumption of human turpitude, promised freedom—but within enforced limits. Its hierarchical Rule of Law was founded on public faith in judicial authority. The project to construct a global law brings these traditions into confrontation. A resolution reached by them will determine the meaning and importance of human trust in the global age.
format	article
author	Joseph P. Garske
author_facet	Joseph P. Garske
author_sort	Joseph P. Garske
title	Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age
title_short	Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age
title_full	Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age
title_fullStr	Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age
title_full_unstemmed	Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age
title_sort	anglophone and civilian legal cultures: two understandings of human trust for the global age
publisher	Academicus
publishDate	2018
url	https://doaj.org/article/6ba4c9995bb44af1aab991c89ef96004
work_keys_str_mv	AT josephpgarske anglophoneandcivilianlegalculturestwounderstandingsofhumantrustfortheglobalage
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Anglophone and Civilian Legal Cultures: Two understandings of human trust for the global age

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