Comment forger une identité nationale ? La culture juridique française vue par la doctrine civiliste au tournant des xixe et xxe siècles
The purpose of this study is to show that the categories of our national legal history are fewer neutral and objective data than constructions, elaborated in particular contexts, and that when the French leading civilistes (1890-1950) speaks about legal culture, it is to define their own approach of...
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| Format: | Article |
| Language: | fra |
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Association Clio et Themis
2021-07-01
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| Series: | Clio@Themis |
| Online Access: | https://journals.openedition.org/cliothemis/1744 |
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| Summary: | The purpose of this study is to show that the categories of our national legal history are fewer neutral and objective data than constructions, elaborated in particular contexts, and that when the French leading civilistes (1890-1950) speaks about legal culture, it is to define their own approach of the law and not to forge tools susceptible to allow the understanding of the other legal cultures. The legal culture which shape these jurists is thus less a report, a result, than the vector of a certain ideology, the legitimacy and the strength of which they try to assert by connecting it with a national tradition which, in many respects, is in fact itself only a doctrinal construction. This construction is widely indifferent to the legal and historic reality : it exaggerates the oppositions between national legal orders to let better believe that the real French legal tradition is the one which places the individual in the heart of the conception of law. |
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| ISSN: | 2105-0929 |