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measure of what he tries to get at,
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collective conscience, which can be studied the most objectively.
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There are law books and legal practices and minutes of
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recordings how the courts operated,
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and how law was made and implemented,
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which can be studied with a great level of rigor.
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For instance, it's very easy to study whether
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indeed contractual law is a new form of law.
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You can go back to legal history and to establish exactly
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when contractual law emerged.
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This was actually also very much on the mind of the young Weber
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when he was also looking at