
Contents
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I. Methodological Assumptions I. Methodological Assumptions
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II. The Cultural Context of Legal Historiography II. The Cultural Context of Legal Historiography
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III. The Sphere of Oral Law III. The Sphere of Oral Law
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IV. The Communicative Sphere of Scriptural Law IV. The Communicative Sphere of Scriptural Law
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V. The Academic Law V. The Academic Law
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VI. A South-European Medieval Law? VI. A South-European Medieval Law?
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Recommended Reading Recommended Reading
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15 Southern Europe (Italy, Iberian Peninsula, France)
Get accessAntónio Manuel Hespanha is Professor Emeritus of Legal History and Theory of Law of the Faculty of Law at the Universidade Nova de Lisboa. Doctor in Law and History, he has authored about 150 articles and about thirty books on legal and institutional history of law and on legal theory.
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Published:08 August 2018
Cite
Abstract
In this chapter, law is taken as a set of related communicative systems. The idea of legal communicative systems or spheres emphasizes the coexistence of a plurality of laws according to factors of differentiation other than global entities, mostly related to a nation state pre-comprehension, like ‘races’ or ‘nations’, ‘kingdoms’. What would matter would be the setting of shared dispositives of ‘telling (uncovering, creating) law’. This approach problematizes established assumptions, like the separation between ‘romanistic’ and ‘germanistic’ laws, the all-inclusiveness of ‘national’ or state laws, the unity of learned law. Conversely, it supports emergent research interests on: the artificiality and complexity of ‘nations’, the porosity of ‘Germanic’ law to ‘foreign’ influences, the impact of materialities of legal communication over form and even content, the coexistence in a same territory of different legal communities, separated by communicative divides.
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