Legal History and Legal Education

The article discusses why and under which conditions legal history is a central, formative subject for future lawyers. The Author’s point is that the utility of history in legal education is fully distinct of that of dogmaticmatters. Actually, while dogmatic legal education aims to fabricate certain...

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Main Author: António Manuel Hespanha
Format: Article
Language:deu
Published: Max Planck Institute for Legal History and Legal Theory 2004-01-01
Series:Rechtsgeschichte - Legal History
Subjects:
Online Access:http://data.rg.mpg.de/rechtsgeschichte/rg04_debatte_Hespanha.pdf
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spelling doaj-acd69b7f10a14b59a6ef73b9070af42a2021-03-02T10:56:28ZdeuMax Planck Institute for Legal History and Legal TheoryRechtsgeschichte - Legal History1619-49932195-96172004-01-01Rg 04415610.12946/rg04/041-056212Legal History and Legal EducationAntónio Manuel HespanhaThe article discusses why and under which conditions legal history is a central, formative subject for future lawyers. The Author’s point is that the utility of history in legal education is fully distinct of that of dogmaticmatters. Actually, while dogmatic legal education aims to fabricate certainties about contemporary law, conferring upon it rational / technical evidence, legal history renders problematic the implicit assumptions of dogmatics, namely, the rational, necessarily ultimate nature of our law. Therefore, legal history accomplishes this mission stressing the fact that law is necessarily bound to a cultural (in the deepest sense of the word) environment and, furthermore, that legal knowledge is also a »local knowledge« whose categories are deeply rooted in historical epistemes.http://data.rg.mpg.de/rechtsgeschichte/rg04_debatte_Hespanha.pdfMPIeR
collection DOAJ
language deu
format Article
sources DOAJ
author António Manuel Hespanha
spellingShingle António Manuel Hespanha
Legal History and Legal Education
Rechtsgeschichte - Legal History
MPIeR
author_facet António Manuel Hespanha
author_sort António Manuel Hespanha
title Legal History and Legal Education
title_short Legal History and Legal Education
title_full Legal History and Legal Education
title_fullStr Legal History and Legal Education
title_full_unstemmed Legal History and Legal Education
title_sort legal history and legal education
publisher Max Planck Institute for Legal History and Legal Theory
series Rechtsgeschichte - Legal History
issn 1619-4993
2195-9617
publishDate 2004-01-01
description The article discusses why and under which conditions legal history is a central, formative subject for future lawyers. The Author’s point is that the utility of history in legal education is fully distinct of that of dogmaticmatters. Actually, while dogmatic legal education aims to fabricate certainties about contemporary law, conferring upon it rational / technical evidence, legal history renders problematic the implicit assumptions of dogmatics, namely, the rational, necessarily ultimate nature of our law. Therefore, legal history accomplishes this mission stressing the fact that law is necessarily bound to a cultural (in the deepest sense of the word) environment and, furthermore, that legal knowledge is also a »local knowledge« whose categories are deeply rooted in historical epistemes.
topic MPIeR
url http://data.rg.mpg.de/rechtsgeschichte/rg04_debatte_Hespanha.pdf
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