American Legal Thought in Transatlantic Context, 1870-1914
Most American legal scholars have described their nineteenth-century predecessors as deductive formalists. In my recent book, Law’s History : American Legal Thought and the Transatlantic Turn to History, I demonstrate instead that the first generation of professional legal scholars in the United Sta...
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| Language: | fra |
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Association Clio et Themis
2022-05-01
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| Series: | Clio@Themis |
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| Online Access: | https://journals.openedition.org/cliothemis/1586 |
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| author | David M. Rabban |
| author_facet | David M. Rabban |
| author_sort | David M. Rabban |
| collection | DOAJ |
| description | Most American legal scholars have described their nineteenth-century predecessors as deductive formalists. In my recent book, Law’s History : American Legal Thought and the Transatlantic Turn to History, I demonstrate instead that the first generation of professional legal scholars in the United States, who wrote during the last three decades of the nineteenth century, viewed law as a historically based inductive science. They constituted a distinctive historical school of American jurisprudence that was superseded by the development of sociological jurisprudence in the early twentieth century. This article focuses on the transatlantic context, involving connections between European and American scholars, in which the historical school of American jurisprudence emerged, flourished, and eventually declined. |
| format | Article |
| id | doaj-art-7718f5e1b30542b1b42d9b05b97bac3f |
| institution | OA Journals |
| issn | 2105-0929 |
| language | fra |
| publishDate | 2022-05-01 |
| publisher | Association Clio et Themis |
| record_format | Article |
| series | Clio@Themis |
| spelling | doaj-art-7718f5e1b30542b1b42d9b05b97bac3f2025-08-20T02:26:42ZfraAssociation Clio et ThemisClio@Themis2105-09292022-05-01910.35562/cliothemis.1586American Legal Thought in Transatlantic Context, 1870-1914David M. RabbanMost American legal scholars have described their nineteenth-century predecessors as deductive formalists. In my recent book, Law’s History : American Legal Thought and the Transatlantic Turn to History, I demonstrate instead that the first generation of professional legal scholars in the United States, who wrote during the last three decades of the nineteenth century, viewed law as a historically based inductive science. They constituted a distinctive historical school of American jurisprudence that was superseded by the development of sociological jurisprudence in the early twentieth century. This article focuses on the transatlantic context, involving connections between European and American scholars, in which the historical school of American jurisprudence emerged, flourished, and eventually declined.https://journals.openedition.org/cliothemis/1586Holmes Oliver Wendell (1841-1935)Pound Roscoe (1870-1964)Savigny Karl Friedrich von (1814-1875)sociological jurisprudenceMaine Henry Sumner (1822-1888)Brunner Heinrich (1840-1915) |
| spellingShingle | David M. Rabban American Legal Thought in Transatlantic Context, 1870-1914 Clio@Themis Holmes Oliver Wendell (1841-1935) Pound Roscoe (1870-1964) Savigny Karl Friedrich von (1814-1875) sociological jurisprudence Maine Henry Sumner (1822-1888) Brunner Heinrich (1840-1915) |
| title | American Legal Thought in Transatlantic Context, 1870-1914 |
| title_full | American Legal Thought in Transatlantic Context, 1870-1914 |
| title_fullStr | American Legal Thought in Transatlantic Context, 1870-1914 |
| title_full_unstemmed | American Legal Thought in Transatlantic Context, 1870-1914 |
| title_short | American Legal Thought in Transatlantic Context, 1870-1914 |
| title_sort | american legal thought in transatlantic context 1870 1914 |
| topic | Holmes Oliver Wendell (1841-1935) Pound Roscoe (1870-1964) Savigny Karl Friedrich von (1814-1875) sociological jurisprudence Maine Henry Sumner (1822-1888) Brunner Heinrich (1840-1915) |
| url | https://journals.openedition.org/cliothemis/1586 |
| work_keys_str_mv | AT davidmrabban americanlegalthoughtintransatlanticcontext18701914 |