Chercher in Nomôdos

30 août 2014

J.-L. Halpérin, "Five Legal Revolutions Since the 17th Century. An Analysis of a Global Legal History", Springer, 2014

Information transmise par Fr. Audren:
Jean-Louis Halpérin
Five Legal Revolutions Since the 17th Century
An Analysis of a Global Legal History

Heidelberg - Berlin, Springer (Series: Studies in the History of Law and Justice, vol. 1), 2014, XVI, 194 p. 1 illus., ISBN 978-3-319-05888-7, Hardcover - 105,49€ / eBook - 83,29€

Présentation éditeur
Proposes an original analysis of a global legal history in Modern Times (since the 17th century)
Constitutes a unique study, testing the concept of "legal revolution" on an historical basis through to the present
Provokes new debates in legal philosophy about the rule of change

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. 

The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state, and we question the extent to which codification and law reporting were likely to revolutionize the legal field. 

These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. 

In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.​

Keywords: Codification and Law Reporting - Consolidation to codification - Constitutional revolution outside the United States - Definition of a legal revolution - European Law - Federative Law - Historical foundations of American constitutionalism - Impact of international law -International Law - International legal order - Legal Rationalisation - Legal Revolution - Legal construction of Modern States - Legal field - Modern State - Political and a legal revolutions -Reconfiguration of the legal field - Reconfiguration through constitutional law - Systematization through law reports and precedents - The European Law - Two historical models of Federative Law

1 What is Revolutionary in the Legal Construction of Modern States?
1.1 A Sea Change in the Use of Law Sources?
1.2 The Role of the Professions in a New Configuration of the Legal Field

2 Codification and Law Reporting: A Revolution Through Systematisation?
2.1 From Consolidation to Codification, the Revolutionary Turning Point
2.2 Nuances in Opposing Common Law and Civil Law Countries: Systematisation Through Law Reports and Precedents
2.3 Reshaping the Configuration of the Legal Field Top Down or Bottom Up? 

3 Modern Constitutionalism: A Chain of Revolutions Always in Progress
3.1 The Historical Foundations of American Constitutionalism
3.2 Waves of Constitutional Revolution Outside the United States
3.3 A Re-Configuration of the Legal Field Though Constitutional Law?

4 Federative Law: A Fettered Revolution?
4.1 United States and Switzerland: Two Historical Models of Federative Law  
4.2 The European Law and Its Complex Progress Towards Federative Law
4.3 A Revolutionary Configuration of a Specific Legal Field?0 

5 International or Global Law: An Unachieved Revolution?
5.1 Which Point of Departure Makes for an International Legal Order?
5.2 Can we Measure the Impact of International Law? 
5.3 An International Legal Field Without a Unified Forum?
5.4 Conclusion