Legal History As Doctrinal History
Legal History As Doctrinal History
Getzler, J.
Abstract
<jats:title>Abstract</jats:title>
<jats:p>This chapter investigates the idea of doctrine as a focus of historical
scholarship, asking how the doctrinal mentality arose, and how historical approaches to doctrine
emerged strongly in both common-law and civilian or Romanistic legal cultures. It first defines
the meaning of ‘doctrine’, and sets out a guiding thesis. It argues that an important dimension of
doctrine is communication; and jurists become fascinated by the history of doctrine when social
and political conditions necessitate an expansion or transfer of the legal system, with
concomitant transfers of doctrinal thought. The chapter then traces the development of doctrinal
history from Gaius to the common law tradition.</jats:p>
<jats:title>Abstract</jats:title>
<jats:p>This chapter investigates the idea of doctrine as a focus of historical
scholarship, asking how the doctrinal mentality arose, and how historical approaches to doctrine
emerged strongly in both common-law and civilian or Romanistic legal cultures. It first defines
the meaning of ‘doctrine’, and sets out a guiding thesis. It argues that an important dimension of
doctrine is communication; and jurists become fascinated by the history of doctrine when social
and political conditions necessitate an expansion or transfer of the legal system, with
concomitant transfers of doctrinal thought. The chapter then traces the development of doctrinal
history from Gaius to the common law tradition.</jats:p>