Introduction: the historical study of law in the United States; Part I. The European Background: 1.
The Legal Historian as Entomologist
The historical nineteenth century; 2. German legal scholarship; 3. Henry Adams and his students: the origins of professional legal history in America; 5. Melville M.
Bigelow: from the history of Norman Procedure to protorealism; 6. Holmes the historian; 7.
“But I Know It When I See It”: Natural Law and Formalism – University of Richmond Law Review
Thayer on the history of evidence; 8. Ames on the history of the common law; 9. The history of American constitutional law; Maitland, Pound, and Pound's Successors: Maitland: the maturity of English legal history; Pound: from historical to sociological jurisprudence; This, however, is not to say they are always in conflict.
Perhaps, in the ideal world, they coincide. We can let the theologians and the atheists argue over whether there is nothing outside of human existence. However, before Bentham, lawyers did not think that way. Before Bentham all lawyers believed that there was something above human being and experience, and this was and is natural law. It is something that defines the goodness of the positive law.
Exactly what that is, I do not know. But I know it when I see it. It is a body of principles that governs. The opposite of law is anarchy, where the strong devour the weak. So the powerful make law to serve their own power, but disguise power as law. This is positive law, both case law and statute law. It is the power of the sovereign, however one might define the term sovereign. Under positive law, it is lawful for the powerful to oppress the weak and for the big fish to eat the little fish. But we have a sense of right and wrong which is different sometimes from the positive law.
This sense of right is a knowledge of natural law. Institutional Login. LOG IN. Reviews in American History. In lieu of an abstract, here is a brief excerpt of the content: Historicizing Jurisprudence.
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David M. The historical turn in If you would like to authenticate using a different subscribed institution that supports Shibboleth authentication or have your own login and password to Project MUSE. Additional Information. Project MUSE Mission Project MUSE promotes the creation and dissemination of essential humanities and social science resources through collaboration with libraries, publishers, and scholars worldwide.
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