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New Historical Jurisprudence: Legal History as Critical Analysis of Law

2 Critical Analysis of Law 1 (2015)

18 Pages Posted: 25 Mar 2015  

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Date Written: March 23, 2015

Abstract

This modest manifesto — or minifesto — portrays legal history as a mode of critical analysis of law, using the historical analysis of American penality as an illustration and the full-fledged manifestos by Piketty and Guldi & Armitage as points of reference. Historical analysis of law, in this light, appears as one mode of critical analysis among others, including, notably, comparative analysis of law, along with economic, philosophical, sociological, or ethical analysis of law, and so on. Historical analysis of law, in other words, is itself a mode of legal scholarship, not a subspecies of law or history. It is a comprehensive view of law from a particular critical vantage point: a way of doing law, rather than of doing things with law. Historical analysis of law in this sense is less “law and history” than “law as history,” less legal history than historical jurisprudence.

Keywords: legal history, critical analysis of law, historical jurisprudence, Piketty, Armitage, Guldi

JEL Classification: K10

Suggested Citation

Dubber, Markus D., New Historical Jurisprudence: Legal History as Critical Analysis of Law (March 23, 2015). 2 Critical Analysis of Law 1 (2015). Available at SSRN: https://ssrn.com/abstract=2584119

Markus Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8
Canada

HOME PAGE: http://ethics.utoronto.ca

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