Changing images of the legal past: Savigny, Kantorowicz and Glenn
We look at the legal past seeking explanatory keys in a broad theoretical image that explains what is law and how it is created.
Beginning from such premise, it seems that legal history has been made not by historians but by philosophers. It has been made by Savigny in the 19th century who believed to be the Kant of legal science, and in 20th century by a concern that be traced back to Kantorowicz’ project based on neo-Kantianism and linguistic philosophy, setting the programme for a logo-centric phase of legal science (Kelsen, Hart, the Nouvelle Rhetorique, and beyond) reflected on inquiries starting form a view of case-law and language (ius commune, histoire judiciaire, legal humanism, comparative legal history).
Today, the current predicament is in a theoretical awareness to understand the object of legal-historical study within a new jurisprudence. The book looks at the philosophical explanation of the information-age, the philosophy of information.
Table of contents
Introduction: Changing images of the legal past
I. The age of Savigny
II. The age of language
Kantorowicz and the linguistic turn
Ius commune europaeum and the crisis of legal science, 1930-60
The post-WWII defence of legal humanism
The Western Legal Tradition and Soviet Russia
III. The age of information
Law as information
What is information?
Legal history as the study of tradition, information and normativity