oa Fundamina : A Journal of Legal History - Restoring balance to our crippled jurisprudence - guidelines from legal history
|Article Title||Restoring balance to our crippled jurisprudence - guidelines from legal history|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Publication Date||Jan 2006|
|Pages||145 - 167|
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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