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  1. Immanence and Transcendence: History's Roles in Normative Legal Theory.Chloë Kennedy - 2017 - Jurisprudence 8 (3):557-579.
    The fractious but potentially fruitful dialogue between legal history and legal theory has been the subject of much recent scholarly attention. Despite this, instances of meaningful engagement over the role of history in legal theorising remain scarce. This is particularly true in respect of normative theorising—the difficult but crucial tasks of critiquing and reforming law—where history is frequently considered to play a relativising role that threatens to destabilise strong evaluation. In this article, I argue that in order to advance the (...)
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