Rechtswissenschaft, Geschichte und die institutionelle Natur des Rechts
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AbstractIn this paper, I argue that history deserves a more central place in jurisprudential thinking. The argument rests on an understanding of law as having a fundamental institutional dimension, as well as being a product of social power and interests. Since law realises itself in terms of intersecting institutional arrangements and since these change over time, institutional history is central to the very idea of law which jurisprudence aspires to illuminate. The argument is pursued through a case study in special jurisprudence: an analysis of the trajectory of ideas of criminal responsibility in English law since the 18
2017 ◽
Vol 139
(2)
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pp. 745-785
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2015 ◽
Vol 15
(2)
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pp. 41
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2017 ◽
Vol 31
(5)
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pp. 497-513
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2018 ◽
Vol 7
(4.36)
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pp. 10
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2018 ◽
pp. 75-91
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2018 ◽
Vol 6
(1)
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pp. 111-134
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