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John Mitchell Kemble’s Anglo-Germanic legal historiography

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journal contribution
posted on 2023-05-20, 23:58 authored by Michael Stuckey
Ideas about legal and constitutional systems in the British Isles, based upon a native genius, and ultimately upon the racial composition of the nation(s), were developed and deployed during the nineteenth century. The work of John Mitchell Kemble can be counted here amongst the developers of the literature informing this evolving historiographical norm of the Common Law tradition. Kemble’s work was fundamental to the establishment of a historical theory which underlay the development of the Common Law and its institutions with a specific and conscious Germanic attribution and constructed derivation. Kemble’s role was critical, in this creative discourse, as a polymath aggregator, whose work crossed modern-day conceptions of disciplinary boundaries. The developed and acquired Germanic historico-legal convention consistently emphasised a narrative of the Common Law’s uniqueness, and it was a tradition which eventually gained a fundamental intellectual position.

History

Publication title

Acta Universitatis Lodziensis. Folia Iuridica

Volume

91

Pagination

51-66

ISSN

0208-6069

Department/School

Faculty of Law

Publisher

Wydawnictwo Uniwersytetu Lodzkiego, Lodz University Press

Place of publication

Poland

Rights statement

Copyright Lodz University Press. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Repository Status

  • Open

Socio-economic Objectives

Understanding Europe’s past; Law reform

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