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  • Juridifications and religion in early modern Europe: the challenge of a contextual history of law

    Author(s)
    Saunders, David
    Griffith University Author(s)
    Saunders, David D.
    Year published
    2004
    Metadata
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    Abstract
    To end Europe's great cycle of religious wars, some early modern states imposed a secular 'rule of law' in spheres of life previously governed by religion. The following essay compares two instances of this basic fact of seventeenth-century European political history, one German and the other English. In these different religious and political settings, different juridifications were undertaken that do not reduce to manifestations of a single underlying process of social change. Considered in a legal-historical light, early modern juridifications therefore invite a clear disciplinary alternative to the socio-theoretical and ...
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    To end Europe's great cycle of religious wars, some early modern states imposed a secular 'rule of law' in spheres of life previously governed by religion. The following essay compares two instances of this basic fact of seventeenth-century European political history, one German and the other English. In these different religious and political settings, different juridifications were undertaken that do not reduce to manifestations of a single underlying process of social change. Considered in a legal-historical light, early modern juridifications therefore invite a clear disciplinary alternative to the socio-theoretical and socio-critical perspective on juridification associated with J첧en Habermas. The larger challenge on behalf of legal history is to end the subordination of historical method to critical social theory.
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    Journal Title
    Law and Critique
    Volume
    15
    Issue
    2
    DOI
    https://doi.org/10.1023/B:LACQ.0000035034.54275.fd
    Subject
    History and Philosophy of Law and Justice
    Law
    Publication URI
    http://hdl.handle.net/10072/25247
    Collection
    • Journal articles

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