Historians and the Law in Postrevolutionary France
Author
: DONALD R. KELLEY
Subject
: law, Revolution, justice
Publisher
: Princeton University Press
Summary :This is an essay in a rather specialized area of intellectual
history, but it touches on larger concerns. One is the familiar
point, argued and illustrated a generation and more ago by
Herbert Butterfield and before him Lord Acton, that the history
of historiography is more than an exercise in hagiography,
a trivial version of the "Whig fallacy"; it is also a path
to cultural self-criticism and self-understanding.1 Of all scholars,
historians should be least susceptible to that academic
"amnesia" lamented by Sorokin that leads each generation to
invent the wheel anew, to claim a novelty that on reflection
turns out to be an old construct given a new dress.2 Yet fashion
and generational divergence seem to affect historiography
almost as immediately as they have philosophy or literary criticism,
despite irrepressible "scientific" claims.
How many faces has Clio shown us over the centuries?
How many "new histories" have there been since La Popeliniere's
project of 1599? The claims have been many, and consistently
grandiose. Not superficial events but deep structures
of society, Annalistes have argued; not drums and trumpets
but the life of the people, J. R. Green proclaimed; not just
religion and politics but all of civilization, Voltaire pleaded,
as James Harvey Robinson has done in our century.3 In this
book we encounter still another histoire nouvelle, whose novelty
was likewise defined in invidious contrast to a prevailing style
of historical writing perceived as narrow and inadequate. As
with the other "new histories," however, we have paid too much attention to the rhetoric and the pretensions of the conspicuous
figures and not enough to the practice and accomplishments
of their less visible or less fashionable colleagues.
My first purpose is to take a closer look at this seminal period
of historical scholarship, roughly the two generations between
1804 and 1848, and so to gain a better general perspective on
the history of history.
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