{"title":"Actes du congrès de Paris de 1900: théorie générale, méthode et enseignement du droit comparé","authors":"Wim Decock","doi":"10.1080/2049677X.2021.1908939","DOIUrl":null,"url":null,"abstract":"provides an overview about some general developments, but is clearly different from others. It is somehow located between the Anglo-American-style Western legal histories and the Italian-German tradition of European legal history as, basically, a history of private law. Harold Berman, Raoul Van Caenegem, Peter Stein, Franz Wieacker, Antonio Padoa Schioppa, Paolo Grossi – to mention just some of the ‘European Legal Histories’ best known in the English-speaking world – draw on mid-twentieth century intellectual frameworks and their underlying historiographical assumptions. Their narrative moves within the tradition of European law as a body of learned law that evolves within a certain stability over the centuries in a closed space and restricted to the continent. Herzog looks at the same periods and topics, but broadens the scope, introduces the common law world as a natural part of Europe and sets European legal history in a global perspective. It is, like her previous book, Frontiers of Possession (2015), an exercise in comparative legal history, but completely detached from traditional spatial or artificial cultural categories. All this is done in a clear language and with many open questions, in a thought-provoking manner. What else would one wish for from ‘A Short History of European Law’ over the last two and a half millennia?","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"118 - 120"},"PeriodicalIF":0.6000,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908939","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Comparative Legal History","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/2049677X.2021.1908939","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
provides an overview about some general developments, but is clearly different from others. It is somehow located between the Anglo-American-style Western legal histories and the Italian-German tradition of European legal history as, basically, a history of private law. Harold Berman, Raoul Van Caenegem, Peter Stein, Franz Wieacker, Antonio Padoa Schioppa, Paolo Grossi – to mention just some of the ‘European Legal Histories’ best known in the English-speaking world – draw on mid-twentieth century intellectual frameworks and their underlying historiographical assumptions. Their narrative moves within the tradition of European law as a body of learned law that evolves within a certain stability over the centuries in a closed space and restricted to the continent. Herzog looks at the same periods and topics, but broadens the scope, introduces the common law world as a natural part of Europe and sets European legal history in a global perspective. It is, like her previous book, Frontiers of Possession (2015), an exercise in comparative legal history, but completely detached from traditional spatial or artificial cultural categories. All this is done in a clear language and with many open questions, in a thought-provoking manner. What else would one wish for from ‘A Short History of European Law’ over the last two and a half millennia?
提供一些一般发展的概述,但与其他发展明显不同。它在某种程度上介于英美风格的西方法律史和意大利-德国传统的欧洲法律史之间,基本上是一部私法史。Harold Berman, Raoul Van Caenegem, Peter Stein, Franz Wieacker, Antonio Padoa Schioppa, Paolo Grossi——仅举一些在英语世界最著名的“欧洲法律史”——借鉴了20世纪中期的知识框架及其潜在的史学假设。他们的叙述在欧洲法律的传统中移动,作为一个学术法律的主体,几个世纪以来,在一个封闭的空间里,在一定的稳定性中发展,局限于欧洲大陆。赫尔佐格着眼于相同的时期和主题,但拓宽了范围,将普通法世界作为欧洲的自然组成部分引入,并将欧洲法律史置于全球视野中。就像她的上一本书《占有的边界》(2015)一样,这本书是对比较法律史的一次实践,但完全脱离了传统的空间或人为的文化范畴。所有这一切都以一种清晰的语言和许多开放的问题,以一种发人深省的方式完成。在过去的2500年里,人们还能从《欧洲法简史》中得到什么?
期刊介绍:
Comparative Legal History is an international and comparative review of law and history. Articles will explore both ''internal'' legal history (doctrinal and disciplinary developments in the law) and ''external'' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome.