On Absences as Material for Intellectual Historical Study

Schlegel examines the role of absences and gaps in intellectual historical study, arguing that what did not happen or was overlooked deserves scholarly attention. Drawing from von Ranke's historical methodology, the author challenges disciplinary conventions that restrict intellectual history to documented evidence and positive facts. The piece explores how examining circumstances where something obvious was overlooked can illuminate disciplinary practices and biases. Schlegel discusses the tension between finding archives and establishing what might have been the case had different circumstances prevailed. The article bridges legal scholarship with broader historiographical concerns, demonstrating how attention to absences and negative facts can uncover important insights about the development of legal thought and institutional practices.

Topics: Legal History · Legal Theory

Keywords: intellectual history · legal doctrine · historical methodology · absences · disciplinary study