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ZENODO
Article . 2016
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2016
License: CC BY
Data sources: Datacite
ZENODO
Article . 2016
License: CC BY
Data sources: Datacite
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Law and History, Law as History? On the Historicity of Law

Authors: VARGA, Csaba;

Law and History, Law as History? On the Historicity of Law

Abstract

1 Understanding the Term ‘Law’ 2 Law and History (2.1 Law as Instrument / 2.2 Law as Culture) 3 Law as History 4 The Lawʼs Historicity Disciplined (4.1 Historische Rechtsschule / 4.2 Historical Jurisprudence / 4.3 Marxism / 4.4 Conclusion) The term ‘law’ is mostly connected with certain peculiarities of (1) the usual customary course of social practice, (2) the decisions made by authorities acting in the name of the law, and (3) enactments by the bodies competent to pass laws. Only real functioning in action shows what and to what extent is real in the claim of law to autonomy. For law is shaped in interaction with social totality, which enables its autonomy to develop but at the same time this makes interaction relative and in extreme cases illusory as well. As to its evolution, Law and History have own paths differing according to whether law is considered as an instrument or as a part of culture. At the same time, Law taken as History itself shows organic unity, raising as central issue the historicity and the need of totality approach for its investigation, with a query (if at all) of a predominant moment in it. Up to now, three big disciplines have evolved for some specific analysis, namely, Historische Rechtsschule, Historical Jurisprudence, and Marxism. Our present-day knowledge suggests that, all that notwithstanding, law (a) lives an own life to a considerable extent, largely independent of apparent conditions, and (b) develops mostly by following own inertia while borrowing from available patterns. As also shown, (1) law is composed not only of rules, nor merely of rules and principles; (2) the culture giving it a meaning is historical, as carried by human practice reconventionalising conventions through their continuous re-actualisation; therefore, (3) neither immobility nor leaps in development are characteristic of it; but (4) any step it takes might be the issue of social compromise in the form of some pragmatic response.

Keywords

Historische Rechtsschule, Historical Jurisprudence, Marxism, Law as history, Law as culture, Law as instrument

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
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