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Paul Vinogradoff, Historical Jurisprudence, and the Critique of Sociology August 19, 2012

Posted by Christopher Donohue in History of Economic Thought, History of the Human Sciences.
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Sir Paul Vinogradoff (18 (30) November 1854, Kostroma, Russia – 19 December 1925, Paris, France) is remembered primarily as an early practitioner of historical jurisprudence in Russia and Britain (as distinguished from the earlier comparative, perhaps unsystematic, studies of Henry Maine), and as a historian of medieval England, particularly of the medieval village.  He was also a keen critic of late nineteenth and early twentieth century social sciences.  Vinogradoff’s understanding of the scope and method of historical jurisprudence was intimately connected with his critical gaze of the intellectual projects of Karl Marx and Emile Durkheim, among others.  Essential to his view of the role of law in the evolution of human culture was his organicist view of society, the distinction, which he shared with J.S. Mill and Alfred Marshall, between statics and dynamics, and his adoption of Weberian ideal types.

Vinogradoff was in many ways extending enlightenment thinking about the nature of society, if we consider the enlightenment to begin with Montesquieu’s Spirit of the Laws and end with Hegel’s Lectures on the Philosophy of History, and as well as the nineteenth century obsession with the empirical verification  of causal historical laws,  which reached its early perfection in Henry Buckle’s History of Civilization in England.  The second tendency was crystallized in the flood of studies describing in fine-grained detail all aspects of primeval, ancient, and medieval customs and communities. Such a level of discussion was possible not only through a revolutionary increase in the variety and quality of ethnographic, archaeological, and primitive legal accounts,  but also through the adoption of an evolutionary perspective, borrowed in equal parts from Comte, Spencer, and Karl Bucher.