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

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Title Juridifications and religion in early modern Europe: the challenge of a contextual history of law
Author Saunders, David
Journal Name Law and Critique
Year Published 2004
Place of publication Netherlands
Publisher Springer
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 socio-critical perspective on juridification associated with Jürgen Habermas. The larger challenge on behalf of legal history is to end the subordination of historical method to critical social theory.
Peer Reviewed Yes
Published Yes
Alternative URI http://dx.doi.org/10.1023/B:LACQ.0000035034.54275.fd
Volume 15
Issue Number 2
Page from 99
Page to 118
ISSN 0957-8536
Date Accessioned 2009-07-15
Language en_AU
Faculty Griffith Law School
Subject History and Philosophy of Law and Justice
URI http://hdl.handle.net/10072/25247
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1a

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