oa Fundamina : A Journal of Legal History - Restoring balance to our crippled jurisprudence - guidelines from legal history



Extracted from text ... RESTORING BALANCE TO OUR CRIPPLED JURISPRUDENCE - GUIDELINES FROM LEGAL HISTORY Andrew Domanski (University of the Witwatersrand) 1 Introduction For a period of many centuries, stretching from antiquity to the start of the nineteenth century, Western legal thought adopted, explicitly or otherwise, a notion of jurisprudence which was balanced and complete. This broad vision of legal wholeness embraced both human law and divine law.1 It was widely accepted throughout this long period, which I shall call the period of balanced jurisprudence, that no legal order could function properly in which human law and divine law operated independently of ..


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