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Record Nr. |
UNINA9910282228103321 |
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Autore |
Somma Alessandro |
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Titolo |
Diritto: storia e comparazione : Nuovi propositi per un binomio antico / / Massimo Brutti, Alessandro Somma (eds.) |
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Pubbl/distr/stampa |
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Frankfurt am Main, : Max Planck Institute for Legal History and Legal Theory, 2018 |
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Frankfurt am Main : , : Max Planck Institute for European Legal History, , 2018 |
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©2018 |
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ISBN |
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Descrizione fisica |
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Collana |
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Global perspectives on legal history, , 2196-9752 ; ; volume 11. |
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Disciplina |
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Soggetti |
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Law - History |
Comparative law |
Electronic books. |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Nota di bibliografia |
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Includes bibliographical references. |
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Sommario/riassunto |
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"Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-time coordinates of law as a social phenomenon, which means that they take up a critical approach to their object of study.
In recent years, this trait is increasingly coming into conflict with the tendency to present law as a mere technocratic instrument for organizing societies. As a result of the »end of history« discourse, the Western economic and political order has become a definitive point of reference worldwide, with law scholars charged with identifying best practices to enhance their efficiency.
A group of comparative lawyers and legal historians critically discuss this assumption from a theoretical point of view as well as from the |
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perspective of their respective fields of research. The result is a multifaceted range of ideas on the significance and possible future of two disciplines that share, in addition to their traditional approach, a crisis of identity." |
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