Dimensione giuridica e dimensione storica del common law: mondi separati ovvero uniti dalla comparazione?

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Abstract

[automatically translated] The work relates to the search of the times and the ways in which it has been forming in the English common law a historical and legal culture. The first observation that the essay is that authorizes the legal history English has essentially academic origin and is, therefore, despite the remarkable advances offered in the nineteenth century by John Selden, correlated, ab origine, the great lesson Blackstoniana the second half of the century next, where transpire sensibility and interest in a historical dimension, initially considered only complementary to the strictly legal. After the non-academic intermission, but no less significant, from the reflections offered by William David Lewis, just before the second half of the nineteenth century, burst onto the scene with the foresight and wisdom of his cultural perspective Frederic William Maitland. A true representation of his thought, probably also that of the constituent Inglese legal history, is its inaugural lecture at Downing chair in Cambridge in 1888, entitled "Why the history of Inglese law is not written". It managed to pierce the veil that covered the importance of pure and liberate it from the subjection historical research than legal. And besides, it was clearly formulated the idea that attributed to historical research office to get to the truth in the reconstruction point of the events, leaving the task to the legal to read the story through the lens of dogma and authority of case law. For comparatists, then, that lesson carved the principle of mutual implication between history and comparative law, established in the phrase "history Involves comparison". So strong was the impression left by Maitland that prosecutors, prestigious and qualified, the historical and legal studies, from Pollock to Holdsworth, from Plucknett Milsom until today to Baker, took his thinking as the foundation of their studies and benchmark to enrich the epistemological status of the legal history of the common law Inglese. Their opinions on Maitland theories gives an account, concluding that his skepticism about the failure to draft a history of English law must be passed today in the light of the fact that it exists, even if not the preparation has been completed. The conclusion is that,
Original languageItalian
Pages (from-to)795-828
Number of pages34
JournalANNUARIO DI DIRITTO COMPARATO E DI STUDI LEGISLATIVI
Publication statusPublished - 2014

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