Reassessing Legal Humanism and its Claims (eBook, PDF)
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Redaktion: Plessis, Paul J. du; Cairns, John W.
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14 essays challenging the nature and legacy of legal humanismThe traditional grand narratives of European legal history have begun to be questioned, to the extend that the nature and legacy of legal humanism now deserve closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volume interrogates the orthodox views regarding legal humanism and its legacy.Fundamentally reassessing the nature and impact of legal humanism on the narratives of European legal history, this volume brings together the foremost international expert...
14 essays challenging the nature and legacy of legal humanism
The traditional grand narratives of European legal history have begun to be questioned, to the extend that the nature and legacy of legal humanism now deserve closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volume interrogates the orthodox views regarding legal humanism and its legacy.
Fundamentally reassessing the nature and impact of legal humanism on the narratives of European legal history, this volume brings together the foremost international experts in related fields of legal and intellectual history to debate the central issues.
Legal humanism has become deeply entrenched in most modern works on European legal history from the 17th century onwards and has been accepted with such blind faith by many modern scholars that few have challenged it. The consequence is that scholars who have accepted the traditional view have used it to substantiate larger claims about the death of Roman law, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law into the nation states of Europe, and the relevance of 'dogmatic' Roman law as opposed to 'antiquarian' Roman law.
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