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Abstract
This chapter of Introduction to Law uses a brief description of the development of Western law from the time of the Romans to the present day, to elucidate the sources of law, such as custom, legislation, judicial decisions and treaties. It ends with the rise of transnational law, which relativizes the role of national States in law-making.
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Abstract: Sustainable degrowth offers effective alternative strategies for tackling social and environmental problems such as climate crisis, resource depletion, biodiversity loss, and species hecatomb. However, it plays a marginal role in policy. Moreover, researchers need to operationalise many degrowth proposals in a more sufficient way for the policy. This mainly conceptual-methodological article conceptualises the problem of sustainable degrowth in policy as the problem of knowledge utilisation. How well research papers on the topic adapt to the needs of policy-makers is an important factor influencing this utilisation. This adaptation is under the control of researchers and may be seen as a necessary first step in the introduction of degrowth proposals into policy-making and further implementation. I argue that translating research papers into legislative drafts by researchers can be understood as adaptation of these papers to the policy-makers' needs. This is because the law can be understood as universal basis of public policies and fundamental language to express these policies. The legal system has a systematic, hierarchical, and logical structure while its language tends to be precise, clear, and unambiguous. Legal language may also be salient for many policy-makers. I labelled this way of adaptation as the Translational Legal Approach to Knowledge Utilisation (TLA). It can be applied beyond texts on sustainable degrowth as well. Based on the literature review, I theoretically and conceptually discuss the aforementioned hypotheses by looking at the corresponding criteria of research adaptation with characteristics of law and legal language. I provide the strongest support for the theses that translation of research papers into provisions of legislative drafts can increase readability, comprehensibility, precision, and operationalisation of degrowth research proposals, as well as helps to give them more systemic nature and incorporate policy-makers' context. Future research is needed to create a methodological framework for TLA as well as to empirically verify hypotheses made in this article.
The civil law tradition, 3rd revised edn
- J H Merryman
- JH Merryman