GPLH_11.pdf
"Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-...
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Max Planck Institute for Legal History and Legal Theory
2019
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oapen-20.500.12657-252572021-11-10T07:56:42Z Diritto: storia e comparazione Somma, Alessandro Brutti, Massimo Comparative law legal rules history of law Legal History bic Book Industry Communication::H Humanities::HB History::HBG General & world history bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAZ Legal history "Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-time coordinates of law as a social phenomenon, which means that they take up a critical approach to their object of study. In recent years, this trait is increasingly coming into conflict with the tendency to present law as a mere technocratic instrument for organizing societies. As a result of the »end of history« discourse, the Western economic and political order has become a definitive point of reference worldwide, with law scholars charged with identifying best practices to enhance their efficiency. A group of comparative lawyers and legal historians critically discuss this assumption from a theoretical point of view as well as from the perspective of their respective fields of research. The result is a multifaceted range of ideas on the significance and possible future of two disciplines that share, in addition to their traditional approach, a crisis of identity." 2019-04-12 11:55:25 2020-04-01T10:32:21Z 2020-04-01T10:32:21Z 2018 book 1004837 OCN: 1100526122 9783944773216 http://library.oapen.org/handle/20.500.12657/25257 ita eng spa Global Perspectives on Legal History application/pdf n/a GPLH_11.pdf Max Planck Institute for Legal History and Legal Theory 10.12946/gplh11 10.12946/gplh11 aa1e4fa2-ec92-41bb-bd06-19453b9e6e41 9783944773216 11 608 Frankfurt am Main open access |
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ita English spa |
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"Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-time coordinates of law as a social phenomenon, which means that they take up a critical approach to their object of study.
In recent years, this trait is increasingly coming into conflict with the tendency to present law as a mere technocratic instrument for organizing societies. As a result of the »end of history« discourse, the Western economic and political order has become a definitive point of reference worldwide, with law scholars charged with identifying best practices to enhance their efficiency.
A group of comparative lawyers and legal historians critically discuss this assumption from a theoretical point of view as well as from the perspective of their respective fields of research. The result is a multifaceted range of ideas on the significance and possible future of two disciplines that share, in addition to their traditional approach, a crisis of identity." |
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Max Planck Institute for Legal History and Legal Theory |
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2019 |
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