Goldberg and Zipursky suggest that private rights of action implicate a wronged party's prelegal
right to act against the party who wronged her.
For Gordon, the new critical historiography rejected this distinction between a prelegal
social realm and a legal order somehow directed by these more "fundamental" social forces.
Such a theory posits that law should reflect "a prepolitical and prelegal
conception of property," which derives not from the compromises of political bodies, the contingencies of history, or even calculations of economic utility, but instead from some deeper set of foundational premises.
No other law firm offers such a comprehensive service from prelegal
collections to enforcement and Wright Hassall believes this new venture will fill a key opening in the market.
31) The colorful world of pirates, whether viewed as illegal economic conduct or as prelegal
commerce, illustrates that self-enforcement mechanisms can fit into several of these categories.
27) In an insightful discussion of this story, Professor Schauer astutely observed that insofar as Holmes was making a prediction that the law would increasingly use legal rather than prelegal
categories, he may well have been wrong: "[W]hen we observe the 'path' of the law" over the last century, Schauer writes, "what we see is not the increasing utility of such trans-doctrinal categories, but rather their decreasing utility, and the increasing use of statutes, regulations, and common law principles that hook onto relatively specific parts of the prelegal
The idea that family is a prelegal
, private institution is just wrong, Fineman contends.
A democracy without a prelegal
consensus finds itself in difficulties over legitimation.
And if, as Hart maintained, the union of primary and secondary rules is the move from a prelegal
to a legal culture, (64) then one aspect of Shapiro's contribution is in connecting a literature largely about primary rules with a literature, pioneered by Hart, that recognizes that a collection of primary rules is not sufficient to constitute a legal system.
A medical practice that agrees to provide abortions only to current clients, who are asked not to tell their friends and family, is a throwback to prelegal
times, when patients were similarly sworn to secrecy.
from the valuable prelegal
labor and use of something in the world.
Land use plans may prohibit further embankments of wetlands and point out some areas for future nature reserves, thus providing a prelegal
direction for future development (Table II).