If there is a cycle in jurisprudential fashions, then, after an era of Positivism, with intermittent bursts of Natural Law, it had to be time for Historicism. Historicists view law not as the product of conscious choice by a society\u27s members, but as the outcome of a process of growth largely shaped and constrained by historical forces. As each group has its own language or dialect, each has its own unique law. Ubi societas, ibi jus. The law of each group should be allowed to grow, at its own pace and according to its own preordained genetic program, until it reaches the final stage of whatever it is supposed to be. As for jurists, legislators, and erstwhile social do-gooders, Historicism has curt advice: look but don\u27t touch
The nurturing presence of law within a state is, in a modern society, not open for debate. In fact, ...
There are countless ways in which law shapes public awareness of history. The current concept of ‘me...
The letters that Gény wrote to Saleilles between 1892 and 1912 are a precious treasure, an inexhaust...
If there is a cycle in jurisprudential fashions, then, after an era of Positivism, with intermittent...
Legal theory has tended to treat the Historical School as a poor relation, but it has important cont...
In this Article I want to discuss some of the familiar ways in which legal scholarship deals with th...
Originalism has long been criticized for its “law office history” and other historical sins. But a r...
This modest manifesto — or minifesto — portrays legal history as a mode of critical analysis of law,...
The creative work of legislators, administrators, judges, and practicing lawyers is far more than a ...
In the 18th century the rule of ratio was supposed to rebuild the world and to make an order in it. ...
This is the second time I have had the pleasure of honoring Mark Tushnet\u27s life and work. In this...
In the tradition of continental European legal development, the main objective ofshaping the rules h...
Among many of today’s legal historians, there is a relatively new and generally unreflective underst...
Reflections on the nature of law and on the limits of the state’s law-making competence did not esca...
In a 1819 lecture Benjamin Constant distinguished between two kinds of liberty: the “liberty of the ...
The nurturing presence of law within a state is, in a modern society, not open for debate. In fact, ...
There are countless ways in which law shapes public awareness of history. The current concept of ‘me...
The letters that Gény wrote to Saleilles between 1892 and 1912 are a precious treasure, an inexhaust...
If there is a cycle in jurisprudential fashions, then, after an era of Positivism, with intermittent...
Legal theory has tended to treat the Historical School as a poor relation, but it has important cont...
In this Article I want to discuss some of the familiar ways in which legal scholarship deals with th...
Originalism has long been criticized for its “law office history” and other historical sins. But a r...
This modest manifesto — or minifesto — portrays legal history as a mode of critical analysis of law,...
The creative work of legislators, administrators, judges, and practicing lawyers is far more than a ...
In the 18th century the rule of ratio was supposed to rebuild the world and to make an order in it. ...
This is the second time I have had the pleasure of honoring Mark Tushnet\u27s life and work. In this...
In the tradition of continental European legal development, the main objective ofshaping the rules h...
Among many of today’s legal historians, there is a relatively new and generally unreflective underst...
Reflections on the nature of law and on the limits of the state’s law-making competence did not esca...
In a 1819 lecture Benjamin Constant distinguished between two kinds of liberty: the “liberty of the ...
The nurturing presence of law within a state is, in a modern society, not open for debate. In fact, ...
There are countless ways in which law shapes public awareness of history. The current concept of ‘me...
The letters that Gény wrote to Saleilles between 1892 and 1912 are a precious treasure, an inexhaust...