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Entre théorie et pratique : les recueils de jurisprudence, miroirs de la pensée juridique française (1789 - 1914)

Abstract : Pioneers of contemporary case law studies, founders of the most famous French legal publishing companies,inventors of new literary and doctrinal genres, the arrêtistes of the nineteenth century still remain largelyunknown. In their casebooks, Jean-Baptiste Sirey, Désiré Dalloz and their many collaborators, competitors andsuccessors, were actors in their own right on the stage of French legal thinking, a stage too often reduced to theonly authors of the doctrine. Between theory and practice, the contemporary "arrêtisme" formed, from theRevolution to the 1870s, a major movement of literature and legal thought. Over this period, the arrêtistes andthe authors of legal doctrine clashed on epistemic and editorial grounds, opposing work and discourses on caselaw, and fighting for the monopoly of judicial analyses. However, from the 1880s onwards, the influx of universityprofessors in casebooks marked the end of the practitioners’ arrêtisme. During the Belle Epoque, the authors ofthe "Ecole scientifique", who intended to renew the study and science of law, took possession of case law;presented as a salutory reconciliation between the School and the Court, the professors’ "jurisprudential project"nevertheless contributed to separate case law reports from the culture of practitioners they were originallyderived from. What emerges from this study is a re-reading of the intellectual history of casebooks and arrêtistes,of which classical historiography gave a partial –if not biased -picture.
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Submitted on : Tuesday, June 30, 2020 - 1:17:11 PM
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  • HAL Id : tel-02884736, version 2



Pierre-Nicolas Barenot. Entre théorie et pratique : les recueils de jurisprudence, miroirs de la pensée juridique française (1789 - 1914). Droit. Université de Bordeaux, 2014. Français. ⟨NNT : 2014BORD0182⟩. ⟨tel-02884736v2⟩



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