Legal History

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Bc Law Staff - One of the best experts on this subject based on the ideXlab platform.

Hannah Miller-kim - One of the best experts on this subject based on the ideXlab platform.

Thomas Duve - One of the best experts on this subject based on the ideXlab platform.

  • What is global Legal History
    Comparative Legal History, 2020
    Co-Authors: Thomas Duve
    Abstract:

    Legal History, as developed in nineteenth-century continental Europe, has a national tradition, but also a transnational past. During the last two decades, however, a new field of global Legal hist...

  • Oxford Handbooks Online - Global Legal History
    Oxford Handbooks Online, 2018
    Co-Authors: Thomas Duve
    Abstract:

    As shown in the previous chapters, our image of European Legal History itself has evolved as a result of the nineteenth-century national Legal historiographies and their translation into the political and intellectual constellations of the mid twentieth century European movement. It is only more recently that the path-dependencies resulting from this tradition have been problematized and that stronger claims have been made to situate European Legal History within global perspectives. This chapter presents an overview of both this development and what might be called ‘global perspectives on European Legal History’. To do so, it traces back how the category ‘Europe’ became the most important spatial framing of transnational Legal History. It provides an overview about how leading scholars constructed the relation between Europe and other world areas. It sketches out current ways of placing European Legal History in global perspectives today.

  • Global Legal History
    Oxford Handbooks Online, 2017
    Co-Authors: Thomas Duve
    Abstract:

    Because of transformations in the world’s Legal systems, there is a need for reflection about law and Legal scholarship globally. There is a growing demand for global Legal History; however, there is neither a consensus as to what this History is, nor what objectives this Legal historiography pursues, or even how it relates to other disciplines. In addition, global Legal History reflects the traditional multiplicity of methods, aims, and forms present in current juridical historiographies. This is why it is difficult to speak about a method of global Legal History. This contribution—written from a Western, perspective—can only sketch out a general panorama and some particular methodological problems. It begins by considering meanings of “global Legal History,” then sketches out some methodological approaches. The final remarks emphasize that not only the intellectual but also the institutional presuppositions for a global production of Legal historical knowledge need to be established.

  • Entanglements in Legal History. Introductory Remarks
    2014
    Co-Authors: Thomas Duve
    Abstract:

    Legal History presents a broad panorama of historical processes that trigger theoretical reflections on Legal transfers and Legal transplants and on the problem of the reception and assimilation of new laws. The paper gives an introductory overview about the state of art in research on global entanglements in Legal History as reflected in the contributions to the edited book 'Entanglements in Legal History: Conceptual Approaches'. In this volume, Legal historians across the globe reflect on their analytical traditions and present case studies in order to discuss how entangled histories of law can be understood, analyzed and written. In the first section, ‘Traditions of Transnational Legal History’, the authors revisit specific achievements and shortcomings of Legal historical research against the backdrop of postcolonial and global studies. Reflections on our own disciplinary traditions that reveal the path-dependencies include critical accounts on the tradition of ‘European Legal History’, ‘Codification History’, the emergence of ‘Hindu Law’, and the methodological aspects of Comparative Law. The four articles in the second section, ‘Empires and Law’, showcase entangled Legal histories forged in imperial spaces. The discussions range from the ancient Roman Empire, merchant-disputes in the Early Modern Spanish Empire and normative frameworks constructed in a multilingual space shortly after its decline to the so-called ‘craftsmen of transfer’ and the bureaucrats that took practical comparative law as the basis to design the German colonial law. In the third section, ‘Analyzing transnational law and Legal scholarship in 19th and early 20th century’, seven case studies offer theoretical reflections about entangled Legal histories. The discussions range from civil law codifications in Latin America as ‘reception’ or ‘normative transfers’, entangled histories of constitutionalism as ‘translations’ and ‘Legal transfer’, formation of transnational Legal orders in 19th century International Law and the International Law on state bankruptcies to the impact of transnational Legal scholarship on criminology.The book is the first volume of the Max Planck Institute for European Legal History monograph series 'Global Perspectives on Legal History' that opens up the Legal History of Europe to the History of its global connections. Monographs, editions of primary sources, and collections of essays will be published online in open access as well as high-quality print-on-demand versions.

  • German Legal History: National Traditions and Transnational Perspectives
    2014
    Co-Authors: Thomas Duve
    Abstract:

    In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its History. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of Legal and academic systems. If Legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational Legal scholarship offers fascinating perspectives for Legal History.

Valentina Vadi - One of the best experts on this subject based on the ideXlab platform.

  • Perspective and Scale in the Architecture of International Legal History
    European Journal of International Law, 2019
    Co-Authors: Valentina Vadi
    Abstract:

    Recent trends such as the turn to the History of international law, the parallel turn to the international law of History and the resulting emergence of international Legal History as a field of study have encouraged an unprecedented interest in methodological questions in international Legal History. Should international Legal historians focus on the specific or the general? Should their narration be accessible to the many or should it be academic and addressed to the few? This article contributes to these emerging debates by focusing on the perspective and scale of analysis and investigating whether micro-historical approaches can help international Legal historians to bridge the gap between the academic realm and the public, unveil unknown or little known international Legal histories and contribute to the development of the field. This article aims to start a discussion on perspective and scale in international Legal History and argues for inclusive and pluralist approaches by drawing out the advantages and potential of micro-History in relation to, and in combination with, the prevalent doctrinal, institutional and diplomatic macro-histories of international law.

Nathan B. Oman - One of the best experts on this subject based on the ideXlab platform.

  • Three Generations of Mormon Legal History: A Historiographic Introduction
    SSRN Electronic Journal, 2007
    Co-Authors: Nathan B. Oman
    Abstract:

    This is an essay on the past practice and future possibilities of Mormon Legal History. For most Legal scholars, the fact that there even is such a thing as "Mormon Legal History" comes as a surprise, and the idea that it "should be proved . . . to be worthy of the interest of an intelligent man" may sound dubious at best. In part, such a reaction stems from the marginal status of Mormons. At a broader level, however, the invisibility of Mormon Legal History is simply part of the broader problem of the discussion of religion within the Legal academy. The thesis of this essay, however, is that the relative invisibility of Mormon Legal History lies mainly in the idiosyncratic intellectual development of Mormon Legal historiography itself. By explaining that development and introducing the work that has already been done on Mormon Legal History, I hope to assist future scholars to better integrate Mormon Legal experience into the mainstream discussions of the Legal academy.

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