Cristina Costantini

Theatrum historicum. The interplay between legal and historical worldviews

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Abstract

Moving from a critical interrogation of the ontology of time, the essay ponders over the encounter between Law and History with the intellectual aim to discover how different the couples of associations implicated into this synthetic duo could be. In this framework, the Author explores the manifold uses of history through Law, their goals and their nuanced tones of expressive style. A further point of analysis concerns the engagement of the historical dimension in comparative law. The main thesis at this regard is that comparative legal history can function as a powerful means of granting poli-jurality and transcultural relationality through the recovery of cryptotypical memories that lie beneath the normative façade of canonical accounts and orthodox biases.

Keywords

  • Law and History
  • Comparative legal history
  • Mnemohistory
  • Poli-jurality
  • Canon
  • Anti-canon

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