chapter  5
18 Pages

Polity as Constitutional Law’s Community: On the Expressive Function and Symbolism of National and Transnational Constitutions

The author shares some major insights that could serve as starting points for a dialogue between Roger Cotterrell's 'community' and his 'pluriverse' approach. Roger Cotterrell is highly critical of the usefulness of 'culture' as an analytical tool in legal theory as 'the concepts of culture and legal culture are of limited explanatory value for sociolegal studies'. Culture is only one element amongst others to be taken into consideration in order to understand the dynamics of Law. Pluralism not only lies in the coexistence of diverse, but neatly separated and homogeneous different systems. Roger Cotterrell's work on community encouraged him to propose a communitarian paradigm for legal theory inspired by traditional African communitarian legal experiences. Community is a refreshing paradigm to welcome such a praxis oriented and dynamic approach to Law. Alterity, complexity, interculturality and humanity are the cultural disarmaments, or poles on the journey of discovery of Law, can be related to Roger Cotterrell"s interests in culture, community and comparison.