Brexit and the abuse of history

Abstract

When, tonight, the bells will toll the eleventh hour, thereis hope that at least one part of the painful Brexit saga will come to an end: the tedious abuse of history that has hounded us every step of the way. (It feels personal to lawyers. We have to use history all the time –to understand precedent, to evaluate the legal meaning of State practice and so forth. But we know full well that a historical analogy which does not work means we lose the argument)

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