JSI Seminar Series: The History of the 'Historical School' and the Future of Jurisprudence

14 March 2019



The History of the 'Historical School' and the Future of Jurisprudence

Speaker: Tim Rogan, Sydney Policy Lab

The so-called 'historical school' of jurisprudence associated with Karl Friedrich von Savigny and Henry Maine fell into obscurity during the twentieth-century, sidelined by the dominance of positivists and natural lawyers. More recently the distinct perspectives on law's provenance derived from the writings of Savigny, Maine and their successors have found new exponents. In this paper Tim Rogan argues that this development is being driven in part by renewed (and newly-resourceful) scepticism towards economic analyses of law. While perspectives on jurisprudence were bifurcated between positivists and natural lawyers, much of the necessary work of articulating concrete relationships between law and current society fell to the 'law and economics' movement. But as the concept of economics around which economic analyses of law are framed grows increasingly outmoded, new means of connecting law, economy and society more broadly are being sought — and the jurisprudence of the 'historical school' is proving a rich resource. Framing historical jurisprudence as an alternative both to the positivist/natural dualism and to economic analyses of law in turn opens up interesting angles on contemporary legal issues concerning the regulation of digital technology and the extensions of social life which it supports.

About the speaker

Tim Rogan is an Associate at the Sydney Policy Lab and author of The Moral Economists: R. H. Tawney, Karl Polanyi, E. P. Thompson and the Critique of Capitalism (Princeton, 2017). He holds degrees in law and history. From 2013-2018 he was fellow and lecturer in history at St. Catharine's College, Cambridge. In May 2019 Tim will join the NSW Bar.

CPD Points: 1.5


Time: 6-8pm

Location: Seminar Room 403, Level 4, New Law Building (F10), Eastern Avenue, Camperdown, University of Sydney

Cost: Complimentary, however registration is essential.

Contact: Professional Learning & Community Engagement

Phone: 02 9351 0429

Email: 070a0d4057075c414500262b0e5459224d1e321d3117363a