Rieger, or Grimm? Romantic and Pragmatic Approach to the Ethnological Study of Law

• Authors: Ledvinka Tomáš

Title variants

CS

Rieger, nebo Grimm? Romantický a pragmatický přístup k etnologickému zkoumání práva

• Languages of publication: CS

Abstracts

EN

The article undertakes a genealogy of conceptual definitions of the ‘lore of law’ as a subject of study before the formation of both European legal ethnology and the anthropology of law, mainly within the Historical School of Law in the first half of the nineteenth century. By tracing the way in which the subject ‘lore of law’ has been categorised, the article follows the evolution of its definitions from 18th-century antiquarian legal research, Herder´s view on the law´s orality in original biblical sources, to Jacob Grimm´s understanding of ancient legal customs as part of folk poetry. Grimm´s romantic approach is used to illuminate the distinction of other contemporary approaches, especially the fundamentally opposite pragmatic study of contemporary constitution which has been developed by Joseph Anthon Rieger and Joseph Mader. The ‘lore of law’ seem to have acquired a newfound importance in the period after the dissolution of the Holy Roman Empire (1806). Particularly its conceptual definitions such as “customary law” and “folk law” are explored as being moulded by new nationalist and universalist patterns of scholarly thought. To conclude, the article foregrounds the expansion of legal horizons traced in this pre-evolution of the ethnological study of law.

Keywords

EN

Archaic law; customary law; folk law; Jacob Grimm; Joseph Rieger; legal anthropology.

• Publisher: The National Institute of Folk Culture
• Journal: Národopisná revue (Journal of Ethnology)
• Year: 2021
• Volume: 31
• Issue: 2
• Pages: 134 - 145

Contributors

author

Ledvinka Tomáš