The origins of historical jurisprudence: Coke, Selden, Hale. (Sir Edward Coke, John Selden, Sir Matthew Hale) From: The Yale Law Journal | Date: May 1, 1994| Author: | COPYRIGHT 1994 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright information

In the seventeenth century, leading English jurists introduced into the Western legal tradition a new philosophy of law, later called historical jurisprudence, which both competed with and complemented the two major schools of law that had opposed each other in earlier centuries, namely, natural law theory and legal positivism. The basic tenet of the historical school is that the primary source of the validity of law, including both its moral validity and its political validity, is its historicity, reflected especially in the developing customs and ongoing traditions of the community whose ...

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