Saunders, David
(2004).
Juridifications and religion in early modern Europe: The challenge of a contextual history of law.
Law and Critique, 15(2)
pp. 99–118.
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.
| Item Type: |
Journal Article
|
| ISSN: |
1572-8617 |
| Keywords: |
Jürgen Habermas; juridification; legal history; Lord Nottingham; Martin
Heckel; normativity; Samuel Pufendorf; secularisation; social theory; wars of religion; |
| Academic Unit/Department: |
Social Sciences > Sociology |
| Item ID: |
9564 |
| Depositing User: |
Mina Panchal
|
| Date Deposited: |
01 Oct 2007 |
| Last Modified: |
02 Dec 2010 20:04 |
| URI: |
http://oro.open.ac.uk/id/eprint/9564 |
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