Document Type : Research Paper
Authors
1
Ph.D. in Private Law, Faculty of Administrative Sciences and Economics, Department of Law, University of Isfahan, Isfahan,Iran.
2
Associate Professor, Private Law, University of Isfahan, Faculty of Administrative Sciences and Economics, Department of Law, Isfahan, Iran.
3
Assistant Professor, Private Law, University of Isfahan, Faculty of Administrative Sciences and Economics, Department of Law, Isfahan, Iran.
4
Assistant Professor, Public Law, University of Isfahan, Faculty of Administrative Sciences and Economics, Department of Law, Isfahan, Iran.
Abstract
This research, under the influence of a paradigmatic viewpoint in the philosophy of science, seeks to find the roots of paradigmatic legal historiography's constitutive elements. Thus, it offers a methodological discussion through which a researcher can have a better understanding of legal paradigms over time. A legal historiographer, by applying this method and by adopting different mental presuppositions about the law in different eras, would avoid the fatal error of assessing historical legal premises with the contemporary presuppositions. This procedure would place the historiographer in the very context they would intend to recognize. As a result, internal premises of law (principles, institutions, legal doctrines) would be placed and understood in direct relation with external assumptions of law (economic, political, religious, etc.) this process leads us to mix internal and external historiography which is another constituent of paradigmatic approach. Finally, this method would take the temporal discontinuity of law or jurisprudence into consideration and avoid legal evolutionists' negligence. They see legal history as a totality and apply their premises to its whole history.(Scientific research).
Keywords