Juridifications and religion in early modern Europe: The challenge of a contextual history of law.
Law and Critique, 15(2) pp. 99–118.
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.
||Jürgen Habermas; juridification; legal history; Lord Nottingham; Martin
Heckel; normativity; Samuel Pufendorf; secularisation; social theory; wars of religion;
||Social Sciences > Sociology
||01 Oct 2007
||02 Dec 2010 20:04
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