The Experts below are selected from a list of 198780 Experts worldwide ranked by ideXlab platform

Assaf Likhovski - One of the best experts on this subject based on the ideXlab platform.

  • The Intellectual History of Law
    The Oxford Handbook of Legal History, 2018
    Co-Authors: Assaf Likhovski
    Abstract:

    This chapter identifies some recent trends in historiography generally, and in the study of intellectual History. The chapter discusses the relevance of these trends to the study of the intellectual History of Law, referring to relevant legal History works reflecting these trends, noting existing lacunas, and proposing future directions of development of the study of the intellectual History of Law.

  • Recent Trends in the Study of the Intellectual History of Law and Jewish Law Scholarship
    2017
    Co-Authors: Assaf Likhovski
    Abstract:

    This article identifies eight recent, and relatively recent, trends in the study of the intellectual History of Law. It asks whether these trends also appear in works dealing with the History of Jewish Law. By comparing developments in the study of the intellectual History of Law and the study of Jewish Law, this article points to some of the achievements and lacunae in contemporary Jewish Law scholarship, and highlights some of the unique features that distinguish the study of the History of Jewish Law from the study of the History of modern secular legal systems.

Nicolas Laurent-bonne - One of the best experts on this subject based on the ideXlab platform.

Roberto Scarciglia - One of the best experts on this subject based on the ideXlab platform.

  • History of Law and Comparative Methodology
    SSRN Electronic Journal, 2011
    Co-Authors: Roberto Scarciglia
    Abstract:

    Could we have a comparison without the knowledge of the History? Comparison is different from the History of Law, as History is involved in each historical event in itself (every Law system as a historical fact). Therefore, this historical fact could be both a term of comparison and what is a common unity as a working hypothesis in comparison. This distinction does not exclude that History and comparison are adjoining. Comparative Law involves at least two different points of view: in the one hand, we may compare foreign systems with the domestic systems, and in the other hand, we may consider the causal relationship between different systems of Law of various legal systems, also in a diachronic and vertical point of view.

Florent Garnier - One of the best experts on this subject based on the ideXlab platform.

S Kudin - One of the best experts on this subject based on the ideXlab platform.

  • Main directions of improving the methodology of comparative History of Law in the context of comparative legal science
    Almanac of law: The role of legal doctrine in ensuring of human rights, 2020
    Co-Authors: А Shevchenko, S Kudin
    Abstract:

    The article examines the main directions of improving the methodology of comparative History of Law in the context of comparative legal science. It is proved that the comparative historical approach includes a basic comparative historical method, and taking about the principles of interdisciplinary, it can integrate the methodological capabilities of those tools that are used in other areas of scientific knowledge. It is found that the comparative historical method integrates the existing ways, methods and techniques of comparative knowledge of all forms of reflection of historical and legal reality. It is revealed that the use of a comparative historical approach and method in the area of comparative History of Law allows us to learn the general, special and unique in the historical and legal development of diverse manifestations and forms of reflection of historical and legal reality in relation to various "non-legal" phenomena. It is proved that such knowledge is based on the integration of subject knowledge and the plurality of their understanding. It is found that the comparative-historical approach can attract the possibilities of methodological approaches used in the Humanities and social Sciences and adapted to the knowledge of legal reality (anthropological, humanistic, civilization). In the comparative History of Law area, they «aim» at the scientific study of historical and legal reality, and the comparative-historical approach integrates the acquired knowledge for the purpose of comparative research of the historical and legal development of its manifestations and forms of reflection. It is established that the comparative-historical approach not only integrates this knowledge, but also "processes" it in the comparative perspective of knowledge. It is proved that it becomes possible to receive and accumulate substantive knowledge about the historical dynamics of human and civil rights and freedoms, the legal status of various sectors of the population in any spatial geographical scope with the variety of their forms reflect, subject to the identification of common and different", "equal and opposite"; it becomes possible to clarify the common and different», «equal and opposite to the historical development of "human right" in different societies. It is proved that the comparative historical approach based on the recognition of the equivalence of the "legal values" of all civilizations and the fact that any civilization can not be considered as an ideal model, searches for and integrates the common and different", "identical and opposite", "common and different", "confrontational-dangerous", "sensational, explosive", that caused in History the non-perception and rejection of the "legal values" of other civilizations. Key words: legal science, comparative History of Law, methodology, comparative historical approach, historical-legal reality.