Of Mandarins, Legal Consciousness, and the Cultural Turn in US Legal History

Robert W. Gordon. 1984. Critical Legal Histories. Stanford Law Review 36:57-125

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3 Citations (Scopus)

Abstract

This article traces the impact of Robert Gordon's "Critical Legal Histories" on scholars writing at the intersection of law and history. While Gordon's central claim about the constitutive character of the law has come to serve as a working assumption in the field, the case he made for the intellectual history of doctrine as articulated by legal mandarins has proven less influential in the twenty-five years since the article was published. Instead, legal historians have focused their attention on the interaction between official and lay forms of law-making with a decided emphasis on popular legal consciousness. For precisely this reason, the time may be ripe for reconsideration of mandarin materials, not only for what they have to tell us about the dynamics of cultural change, but also as sources of insight into basic puzzles of the human condition that have tended across time to be expressed in and through legal forms.

Original languageEnglish (US)
Pages (from-to)167-186
Number of pages20
JournalLaw and Social Inquiry
Volume37
Issue number1
DOIs
StatePublished - Dec 1 2012

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legal consciousness
cultural turn
Law
history
legal form
history of ideas
cultural change
doctrine
historian
interaction
time

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