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The Unrecognized Triumph of Historical Jurisprudence
Beginning of article
The Unrecognized Triumph of Historical Jurisprudence LAW'S HISTORY: AMERICAN LEGAL THOUGHT AND THE TRANSATLANTIC TURN TO HISTORY. By David M. Rabban. New York, New York: Cambridge University Press, 2013. 564 pages. $85.00.
Historical jurisprudence has been nearly erased from the annals of American jurisprudence. Legal theory revolves around rival schools of thought representing contesting positions. A common arrangement in jurisprudence texts is to begin with natural law and legal positivism, in that order, followed by legal realism, and then a host of contemporary schools of thought.1 This ordering is chronological as well as thematic: natural law theory began in classical times;2 …
