Est-il temps de déconstruire les mythes de l’histoire du droit français ?

Abstract: The « classical » handbooks about French legal history (the ones from Esmein, Declareuil, Chénon, Olivier-Martin) have been written, at the end of the 19th century and in the first half of the 20th century, in order to favour the national pride. They have presented the construction of the...

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Bibliographic Details
Main Author: Jean-Louis Halpérin
Format: Article
Language:fra
Published: Association Clio et Themis 2021-07-01
Series:Clio@Themis
Subjects:
Online Access:https://journals.openedition.org/cliothemis/1723
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Summary:Abstract: The « classical » handbooks about French legal history (the ones from Esmein, Declareuil, Chénon, Olivier-Martin) have been written, at the end of the 19th century and in the first half of the 20th century, in order to favour the national pride. They have presented the construction of the French state through specific stages (the Frankish period, the feudal kingdom, the absolute monarchy, the Revolution and its outcomes) and main features concerning the public institutions. New researches, since about three decades, have questioned these clichés, the most of them appearing today as myths. With such a deconstruction, must one abandon any attempt to circumscribe French law as an historical object (at least since the 13th century) ? This paper proposes to maintain an important role to the history of State, but more in a comparative perspective and with a developed interest for the role of professional lawyers in this national mythology.
ISSN:2105-0929