II. On Edmund Burke's Doctrine of Prescription; or, An Appeal from the New to the Old Lawyers

Publisher Website
Google Scholar
Abstract
Until about fifteen years ago, most modern scholars saw Edmund Burke's thought largely as a reaction to the philosophical and political rationalism of his time: to them, although Burke was reactive, his revolt was original. When scholars did seek the historical ‘origin’ of his thought, it was generally found in Whiggery and that convenient catch-all ‘the’ British tradition of empiricist philosophizing. Of late, two groups of scholars have sought and found other ‘origins’: the first group, larger and perhaps better-known, finds Burke's thought to be rooted in the principles of ‘the’ natural law and, perhaps, also in the dictates of scholastic prudence; the other group, tiny and less well known, finds in Burke's traditionalism a partial continuation of the traditional way of thinking of seventeenth-century common lawyers. One consequence of undertaking this disinterment of Burke's ‘origins’ has been the burial of Burke's originality.

This publication has 8 references indexed in Scilit: