RSK 5

Legal rules and institutions are mysterious. Most people at most times in most societies regard law -- or at least private law -- as appropriate to the society. No doubt with some justification. And many scholars regard law as having some kind of close permanent relationship with the society in which it operates, whether this is “The Spirit of the People”, or the power of the ruling elite. Yet it is remarkably difficult to find such a relationship at the level of a detailed examination of legal practice and development. Views such as those of Morton Horwitz that “I seek to show that one of the crucial choices made during the antebellum period was to promote economic  Transformations of Law: Justinian’s Institutes . pr., ; Stair; Mackenzie LECTURE I

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