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This Essay is an attempt to theorize the relationship of law to culture and culture to law beyond the intuitive, commonplace sense that law partakes of culture - by reflecting it as well as by reacting against it - and that culture refracts law. It proposes a theory of law as culture that, in detailing the mutually constitutive nature of the relationship, distinguishes itself from the way law and culture have been conceived by realist and critical legal scholars, as well as by social norms writers. The Essay concludes by speculating about one possible method by which this theorizing might be analytically employed in a cultural interpretation of law.


Reprinted by permission of The Yale Journal of Law & the Humanities, Vol.13, p.35-67.

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13 Yale J.L. & Human. 35-67 (2001)