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Jurisprudence Commons

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Selected Works

2015

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Law and Philosophy

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Full-Text Articles in Jurisprudence

The Great Alliance: History, Reason, And Will In Modern Law, Paulo Barrozo Dec 2014

The Great Alliance: History, Reason, And Will In Modern Law, Paulo Barrozo

Paulo Barrozo

This article offers an interpretation of the intellectual and political origins of modern law in the nineteenth century and its consequences for contemporary legal thought. Social theoretical analyses of law and legal thought tend to emphasize rupture and change. Histories of legal thought tend to draw a picture of strife between different schools of jurisprudence. Such analyses and histories fail to account for the extent to which present legal thought is the continuation of a jurisprudential settlement that occurred in the nineteenth century. That settlement tamed the will of the masses under the influence of authoritative legal thought, conceptions of …