How to Write a Positivist Legal History: Lessons from the 18th and 19th Centuries English Jurists William Blackstone and James Fitzjames Stephen

نویسندگان

چکیده

This paper is about the shaping of law understood as a positivist enterprise. Positivist has been object contentious debate. Since 1960s, and with surfacing revisionist histories, it suggested that abstraction doctrine criminal due to its categorisation in early histories. However, argued here positivism was hardly an intentional master plan autocratic social control. Rather, important recognise historians do not provide value-free recount history. examines this assertion by drawing on writings English jurists William Blackstone his work Commentaries Law England (1765), James Fitzjames Stephen’s A History Criminal (1883). Taking these scholars mere a-historical writers but reflecting fact they inevitably ‘functioned’ conduits their own practise opens inquiry into response need, which already under way long before time.

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ژورنال

عنوان ژورنال: Histories

سال: 2021

ISSN: ['2409-9252']

DOI: https://doi.org/10.3390/histories1030017