Objectivity in the Writing of History/Critical Legal History: Two Cribs for Harried Graduate Students

14 Pages Posted: 23 May 2019

Date Written: May 2019

Abstract

Scholars have long argued about the degree to which objectivity is possible in the writing of history. In 1988 Peter Novick published a wonderful chronicle of this dispute, a summary of which history graduate and law students might find useful. Novick’s book concludes with work by legal historians affiliated with the Critical Legal Studies movement. Critical Legal History developed a distinctive understanding of its subject matter that, through the concepts of contingency and constitutiveness, seemingly managed to avoid questions about objectivity. A summary of how this was accomplished might also be found useful by history and legal history graduate and law students interested in the development of Critical Legal History and its subsequent path.

Keywords: Objectivity, Peter Novick, Professionalization of History, Willard Hurst, Critical Legal History, Contingency, Consitutiveness

Suggested Citation

Schlegel, John Henry, Objectivity in the Writing of History/Critical Legal History: Two Cribs for Harried Graduate Students (May 2019). University at Buffalo School of Law Legal Studies Research Paper No. 2018-015. Available at SSRN: https://ssrn.com/abstract=3392647

John Henry Schlegel (Contact Author)

University at Buffalo Law School ( email )

528 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-2746 (Phone)

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