Publication Date
6-1994
Journal
Yale Law Journal
Abstract
The article argues that the informal economy plays a crucial role in shaping jurisprudence, challenging the traditional state-oriented, "static" approach to law. It introduces the concept of "dynamic jurisprudence," which emphasizes individual dignity, mutual recognition, and the constant reshaping of legal norms through interpersonal interactions. This dynamic approach contrasts with static jurisprudence, which relies on a correlating agency like the state to maintain rights and duties. The article contends that dynamic jurisprudence enhances personal and collective power, allowing individuals to resist or reform state commands, and highlights the importance of recognizing the interplay between formal and informal legal systems.
Volume
103
Issue
8
First Page
2213
Last Page
2238
Publisher
Yale Law School
Disciplines
Jurisprudence | Law
Recommended Citation
Arthur J. Jacobson,
The Other Path of the Law,
103
Yale L.J.
2213
(1994).
https://larc.cardozo.yu.edu/faculty-articles/1582

Comments
Symposium: The Informal Economy