Interpreting the Western Legal Tradition: Reading the Work of Yan Thomas*

Abstract

Yan Thomas’ work has had a profound impact on recent research in the field of legal history. Two core beliefs drove his work: first, a deep aversion to doctrinal readings and an equally deep commitment to casuistry; second, his belief that fiction, a technique characteristic of Roman law, is the key to understanding the Western legal tradition. This article traces a path through Thomas’ work, addressing his major lines of thought that highlight both the specificity of law, and the possibility of a renewed dialogue with the social sciences.