Ius non scriptum - Traditionen privater Rechtsetzung

Anyone raising the question of where 'law' actually originated will be confronted with two basic concepts which continue to be contradictory. In these two concepts it is necessary to differentiate between standards which spread downwards from above or which grow upwards from below. Since antiquity, members of the legal profession have usually illustrated this difference by dividing these into written ( scriptum) and unwritten ( non scriptum) law. The ius scriptum is said to express the will of a government lawmaker and the ius non scriptum the powers of society. In view of increasing globalization and insufficient financing, the state is presently being asked to reconsider its functions. Lawmaking as well should no longer be left up to the government alone. Stephan Meder deals with the consequences of this change for ius non scriptum.