The Splendour of Form: Scholastic Jurisprudence and 'Irrational Formality'
作者: Dedek
作者单位: 1McGill University, Canada
刊名: Law and Humanities, 2011, Vol.5 (2)
来源数据库: Hart Pub Journal
DOI: 10.5235/175214811798043621
英文摘要: The Western legal tradition portrays itself as a tradition of rationality. Although this tradition is rooted in the academic treatment of law at the medieval university, medieval juridical mannerisms seem to be anathema to Weberian 'formal rationality.' Scholasticism has become the synecdoche for the problems we moderns have when trying to access medieval thought. Medieval Scholastic jurisprudence seems prima facie strangely formalistic, guided by ambitions that are incomprehensible to the 'modern mind'. Yet medieval jurisprudence is not as remote from us as it might seem at first glance. This paper aims to demonstrate that what connects the medieval and the modern jurist are aspects of legal discourse that cannot be explained in 'rational' terms. To this end, it focuses on the legal...
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  • tradition 传统
  • modern 现代的
  • strangely 奇特地
  • legal 正当的
  • trying 难受的
  • jurisprudence 法律学
  • medieval 中世纪的
  • rationality 有理性
  • formalistic 形式主义的
  • thought 思索