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Legal History As Doctrinal History

This chapter explores the concept of doctrine in legal history, examining its origins and the emergence of historical approaches in both common-law and civilian legal cultures. It emphasizes the role of communication in doctrine and how social and political changes drive interest in its historical development. The chapter traces the evolution of doctrinal history from Gaius to the common law tradition.

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0% found this document useful (0 votes)
14 views2 pages

Legal History As Doctrinal History

This chapter explores the concept of doctrine in legal history, examining its origins and the emergence of historical approaches in both common-law and civilian legal cultures. It emphasizes the role of communication in doctrine and how social and political changes drive interest in its historical development. The chapter traces the evolution of doctrinal history from Gaius to the common law tradition.

Uploaded by

melnee
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Legal History as Doctrinal History

Getzler, J.

The Oxford Handbook of Legal History (DOI: 10.1093/oxfordhb/9780198794356.013.10)

Generated on April 22, 2025


Legal History as Doctrinal History

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>

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