
Contents
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I. Introduction: Legal Histories? I. Introduction: Legal Histories?
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1. The Object 1. The Object
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2. The Method 2. The Method
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3. National? 3. National?
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4. The Terms: ‘State National’, ‘Political-National’, ‘Linguistic National’, ‘Religious-National’, ‘Cultural-National’, ‘Ethnic-National’, ‘Aggressive-National’, ‘Imperial-National’ 4. The Terms: ‘State National’, ‘Political-National’, ‘Linguistic National’, ‘Religious-National’, ‘Cultural-National’, ‘Ethnic-National’, ‘Aggressive-National’, ‘Imperial-National’
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5. Two Main Factors: The Nature of the States and of the Sources of Law 5. Two Main Factors: The Nature of the States and of the Sources of Law
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6. National Legal Histories and National Law 6. National Legal Histories and National Law
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7. Presentation 7. Presentation
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II. A Triple Prelude II. A Triple Prelude
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1. 1643: Hermann Conring (1606–81) 1. 1643: Hermann Conring (1606–81)
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2. 1808: Karl Friedrich Eichhorn, a Second Father (1781–1854) 2. 1808: Karl Friedrich Eichhorn, a Second Father (1781–1854)
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3. Before 1676: Sir Matthew Hale (1609–76) 3. Before 1676: Sir Matthew Hale (1609–76)
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4. 1674: Claude Fleury (1640–1723) 4. 1674: Claude Fleury (1640–1723)
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III. European Variations and Conditions III. European Variations and Conditions
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1. Conditions and Factors 1. Conditions and Factors
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2. The Solutions According to their Factors 2. The Solutions According to their Factors
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a) France and England a) France and England
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b) The Holy Roman Empire and Germany b) The Holy Roman Empire and Germany
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c) Spain c) Spain
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d) Portugal d) Portugal
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e) Italy e) Italy
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f) The Netherlands f) The Netherlands
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g) The Nordic Countries g) The Nordic Countries
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IV. Results, Prognosis, and Retrospective IV. Results, Prognosis, and Retrospective
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Recommended Reading Recommended Reading
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2 The Invention of National Legal History
Get accessJoachim Rückert was, until 2010, Professor of Legal History, Philosophy of Law and Private Law at the Goethe-University Frankfurt am Main. His research focuses on continental legal history, especially the methods and the decisive concepts of law and its historiography.
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Published:08 August 2018
Cite
Abstract
The chapter undertakes the first European overview up to the present and a comparison of the main European variations with its significant differences and communalities. European legal history is a product of special historiographies. The decisive contexts were the legal humanism and the monarchical state-nationalism of the seventeenth century. Legal history now was understood as task of legitimation, integration, and differentiation. The scientific basis was a new critical method. In the late eighteenth century the task became a modern national drive and was concentrated on state and folk. At the same time the genre was widened in nearly all branches of law. The three pioneers and model cases, namely Hermann Conring (1643) with K.F. Eichhorn (1808), Claude Fleury (about 1670), and Matthew Hale (about 1670), are analysed intensively.
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