H2020Индивидуална стипендия2021–2024

HARMONI. · John Selden's Harmonic Jurisprudence. A European Interpretation of English Legal History.

„Хоризонт 2020“ — Действия „Мария Склодовска-Кюри“

Период
2021-09-01 → 2024-08-31
Финансиране от ЕС
271 733 €
Участници
2
Схема
MSCA-IF

Линиите свързват координатора с партньорите.

Накратко на български

Юридическата мисъл на Джон Селден анализира как английското право се свързва с европейските системи чрез търсене на общи модели и аналогии. Това помага да се разбере как историческото сравнение на законите може да обединява различни нации в периоди на разцепление.

Този кратък обзор е генериран от изкуствен интелект

Кратко обяснение, генерирано от езиков модел по текста на CORDIS. Оригиналът е по-долу.

Резултати накратко

John Selden's Harmonic Jurisprudence. A European Interpretation of English Legal History.

The world is fracturing. Nationalisms are resurgent, and sectarian policies dominate with growing cynicism. In this climate, history can seem powerless—an idle discipline removed from urgent realities. Yet power has often feared history’s illuminations. Consider the seventeenth century: a time of revolution in England, of mourning and cosmological collapse across Europe. An old order wavered; a new physics arose. Jurists, caught in the upheaval, grappled with the consequences. At the crossroads of historical interpretation and jurisprudence, this project re-evaluates the intellectual force of a burning age in legal speculation. Through the work of John Selden—jurist, historian, and Hebraist—it examines how seventeenth-century legal thought harmonized individual and national narratives within the broader European legal landscape and the inclusive order of nations envisioned by Selden’s jurisprudence. Selden’s legal thought revolved around uncovering deep analogies—patterns that revealed affinities between legal systems and made them comparable. Yet he wrote in a time when the world, as his contemporary John Donne lamented, seemed "all in pieces," its coherence shattered. Today, we face a similar crisis. We, too, struggle to see analogies. And when we do, our disenchanted gaze distrusts them. Selden’s writings, and the intellectual world he inhabited, invite reflection on what happens to law, legal comparison, and historical understanding when the ability to think analogically is lost. This project seeks to reassert Selden’s relevance and reshape modern legal discourse. At its core is a reappraisal of his effort to preserve and harmonize English legal history within a European order of nations, drawing on medieval and early modern jurisprudence. By restoring the constitutional force of comparative legal history, the project directly engages with contemporary struggles against nationalism and sectarianism. Its inquiry unfolds along three lines. First, it underscores the significance of medieval and early modern European legal literature for seventeenth-century English jurisprudence and Selden’s intellectual trajectory. Second, it uncovers the theoretical depth of his legal thought, tracing how he 'Platonized' ius commune scholarship to develop a general theory of legal systems. Third, it demonstrates how Selden’s European perspective on English law led him to craft a distinctive harmonic jurisprudence—one that fused philological precision with an analogical vision of law’s interconnections.

Текст от CORDIS, на английски · Данни: CORDIS, © Европейски съюз

Цел на проекта

As nationalisms conspire and sectarians around the world rise against coordinated supra-national orders, Europe – the aspiration and the legal reality – is turning from being a principle of harmony to a source of cynicism. Consequently, the historical existence of a common European legal space, the actual purpose of its institutional framework, Europe's history, and its current place in the world are all being called into question. Addressing these challenges now demands front-line action by jurists and historians; it is their calling to counterweight the resurgence of blinkered narratives of national law and rediscover the “seamless web” of legal history. Answering this calling, the proposed action will investigate the lost tradition of ‘harmonic jurisprudence’ that first conceived Europe as one of humanity’s discrete legal experiences. To do so, the action will select as its focus the unique and relatively neglected works of legal historiography written by the seventeenth-century jurist, historian, and Hebraist John Selden (1584-1654). The project will centre on Selden’s effort to balance, preserve, and harmonize the history of English law within the inclusive order of nations that his reading of medieval and modern European jurisprudence recognized. Thus, it will bring to light the cogent yet overlooked reasoning by which Selden demonstrated that no law, however discrete, can rightfully be understood if isolated from the continuum of legal experience. It is the purpose of this multidisciplinary project to understand 'why'. Developing a global synergy between the University of Michigan Law School and the School of History at the University of St Andrews, the action will document and explore Selden's layered answers in nine critical contributions to legal historiography. Thus, it will reassess their meaning and relevance through an innovative combination of close reading, comparative historical criticism, and historically committed jurisprudential analysis.

Оригинален текст от CORDIS (на английски).

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Връзки

Данни: CORDIS, © Европейски съюз