Paper's abstract

Jean-Louis Halpérin, Legal History and Legal Theory. An Essay of Conciliation
Legal Theory, as conceived today by positivists in France, does not give a precise place to Legal History. The present essay tries to coniciliate Kelsen's principles with a history of legal rules, that does not be confounded with sociology of law. It proposes to recognize a historical dimension in legal science, that is for describing the creation of legal rules and the dynamic evolution of legal orders. The legal historian can also practise a kind of total history that countains a legal dimension, by studying professions, knowledge and cultures linked to law.

Key Words : history, theory, Kelsen
t. 51, 2008 : p. 281-296

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