Clio@Themis (Mar 2018)
L’historiographie de l’histoire du droit de la fin du xixe siècle
Abstract
Two areas of research have discussed the treatment of history in late nineteenth-century American legal scholarship. The first trend maintains that the « whiggish » approach in use apologetically justified conservative existing law as autonomous scientific truth. The second trend has touched on the historical research of these authors but mostly incidentally. Designed to convey how both areas have contributed to the historiography of late nineteenth-century American legal history, the article reveals that the late nineteenth-century scholars formed a distinctive and sophisticated school of historical jurisprudence that merits further study and provides new insights into two giants, Holmes and Pound.
