Historia del derecho como historia del saber normativo
The article proposes to understand legal history as a history of the production of normative knowledge through cultural translation. Such a perspective can build on a long tradition of legal historical research involving the formation of norms, ideas, doctrines, and institutions. For roughly the pas...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8565864 |
| Source: | Revista de historia del derecho, ISSN 1853-1784, Nº 63 (Junio), 2022, pags. 1-60 |
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| Summary: |
The article proposes to understand legal history as a history of the production of normative knowledge through cultural translation. Such a perspective can build on a long tradition of legal historical research involving the formation of norms, ideas, doctrines, and institutions. For roughly the past two centuries, however, legal historians were interested foremost in the formation of the modern Western legal system as a product of the work of jurists. In turn, the norm production of other epistemic communities and communities of practice has received far less attention. Only a few legal historians integrated social norms or praxeological aspects into their research. Looking at legal history as a huge process of translation -and thus production- of normative knowledge offers the possibility of integrating different communities into its analysis without being bound to a legalist and state-bound perspective. |
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