The book is based on the observation that the study of the global history of ideas is currently dominated by historians, philosophers and political theorists. Scholars of law play almost no role in this context. This neglect of the perspectives of legal history and legal sociology conflicts with the easily established finding that many central concepts of the history of political ideas are at the same time legal concepts, such as natural law, human rights, constitution, and the rule of law. Moreover, many key figures in the history of ideas engaged deeply with the world of law and some – such as Kant, Hegel, and Weber – published their own philosophy or sociology of law. From this point of departure, the book explores the global history of ideas by asking to what extent the history of political ideas can also be told in the language of law. The result, unsurprisingly, is that a global history of political ideas not only can but should be written in the language of law. This book wants to make a small contribution to that end.
Author(s): Gunnar Folke Schuppert
Series: Global Perspectives On Legal History (GPLH)
Edition: 1
Publisher: Max Planck Institute
Year: 2021
Language: English
Commentary: TruePDF
Pages: 330
Tags: Legal History: Global Perspectives; Language Of Law
Cover
Frontmatter
Contents
Introduction
Part One Global History as a Global History of Ideas
Chapter One What Sort of Ideas
Chapter Two
Global Intellectual Fields and Global Legal Spaces –
What Constitutes an Intellectual Field and a Legal Space?
Chapter Three
The History of Ideas and Knowledge as Entangled History
Part Two
Three Key Functions of Law and its Language
in a Global History of Ideas
Chapter One
First and Foremost: The Abstraction and Transformation
Functions of Law and its Language
Chapter Two
The Institutionalization Functions of Law: The Language of Law
as the Language of Order and Conflict Resolution
Chapter Three
Law as a Sphere of Resonance
Part Three
Legal Concepts and Legal Regimes in a Global
History of Ideas
Chapter One
Worldwide Enlightenment and Universal Natural Law
Chapter Two
The Language of International Law as a Language of Politics
Chapter Three
The Language of Human Rights as a Language of Politics
Chapter Four
The Language of the Rule of Law as an Integral Part
of the Language of the Political History of Ideas
Part Four
The Role of Key Legal Concepts
in a Global History of Ideas
Chapter One
State authority
Chapter Two
Sovereignty
Chapter Three
Constitution
Chapter Four
Contract
Concluding Observations and Remarks
Bibliography
About the Author
Backmatter
Backcover
