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Historical jurisprudence is a neglected tradition of theorising law. Contemporary debates in legal theory are still dominated by debates between legal positivism and natural law, and to a lesser extent, legal realism, sociological jurisprudence, and critical legal studies. While it has been neglected in contemporary scholarship, historical jurisprudence has a rich history, with debates over the value of history for law occurring in e.g. 16th century France, 17th century England, and 19th century Germany and England. The late 20th century has seen some revivals of the tradition – in particular in US legal scholarship, and in field of international law. This course will introduce students to the neglected tradition of historical jurisprudence, as well as making a case for its importance in scholarship and theory today.
Common Law Theory and Practice LLM
15 Credits