THE RHETORIC OF HISTORY OF LAW: NARRATIVE, FICTION AND SYSTEM

Abstract

The research will first discuss what the
history of law is based on the metaphor of
description, which imagines the historian
as a narrator. Next, the counterpoint will be
presented, understanding the history of law as
a reconstruction undertaken by the historian.
Here, the historian approaches the author
of a fiction. Thirdly, the main objective will
be to support the thesis that the historian is
not a privileged observer of history, capable
of observing it from the outside, which has a
number of consequences. The most important
of these, among others, is that the history of
law is, in itself, a system that operates through
the dichotomy of memory/invention.