درآمدي بر تاريخ نگاري علم حقوق

AN INTRODUCTION TO THE LEGAL HISTORIOGRAPHY

The distinction between historical and non-historical methodology in jurisprudence is like the difference between objectivity ans subjectivity. Historical jurisprudence explains the legal realized facts but non historical jurisprudence is engaged in justification of some non-materialized ideals in law. In this essay, historiography of law is devided in to four methods: state - based, lawyer-based, institute-based and theory-based legal historiography. There are three paradigms in paradigmatic theory-based legal historiography which are introduced in this essay. By this three paradigms we can distinguish between ancient and modern law. (AIL, MIL). These paradigms are: 1. Thou shalt not (A/L) and you are permitted (MIL) 2. mystified law (AIL) and demystified law (MIL) 3. non refutable proofs (A/L) and refutable proofs (MIL).