Une question interdite

Abstract

Is legal history a left-over or is it waiting for a takeover bid (just like a company in serious trouble) which would allow the expression of new analyses and outlines for a better understanding of the contemporary western world? Its propositions of erudition, are they just interesting for small academic circles, or could they open a new pathway for fundamental reflections on the phenomenon of norms in general and the structure of its evolution in the special case of norm-production coming from Roman Christianity? And what is the significance of the idea of »legal tradition«, an idea forged in Western Europe, within the framework of a presumed global westernization without any counter-balance? The essay discusses the illegibility of legal history in today’s culture. Under the well reflected motto »The Forbidden Question« it concludes firmly: To renovate itself, this discipline has to perform its work in a new way, guided by a very precise and distinct vision on theory. The author examines the conditions for this.