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Full-Text Articles in Legal History
The Invention Of Legal Primitivism, Steven Wilf
The Invention Of Legal Primitivism, Steven Wilf
Faculty Articles and Papers
This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …
Maine's Ancient Law And Legal Theory, Stephen Utz
Maine's Ancient Law And Legal Theory, Stephen Utz
Faculty Articles and Papers
No abstract provided.