- The Oxford Handbook of European Legal History
- Preface
- List of Contributors
- The World Historical Significance of European Legal History: An Interim Report
- The Invention of National Legal History
- The Birth of European Legal History
- Abandoning the Nationalist Framework: Comparative Legal History
- Global Legal History: Setting Europe in Perspective
- Ancient Greek Law
- Early Roman Law And The West: A Reversal Of Grounds
- Classical and Post-Classical Roman Law: The Legal Actors and the Sources
- Institutions of Ancient Roman Law
- Byzantine Law: The Law of the New Rome
- Germanic Law
- Western Canon Law in the Central and Later Middle Ages
- Structure of Medieval Roman Law: Institutions, Sources, and Methods
- Substance of Medieval Roman Law: The Development of Private Law
- Southern Europe (Italy, Iberian Peninsula, France)
- Holy Roman Empire of the German Nation
- High and Late Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences
- Customary Law and the Influence of the <i>Ius Commune</i> in High and Late Medieval East Central Europe
- The Beginnings of the English Common Law (To 1350)
- The Scottish Common Law: Origins and Development, <i>C</i>.1124–<i>C</i>.1500
- Urban Law: The Law of Saxony and Magdeburg
- Extra-Legal and Legal Conflict Management among Long-Distance Traders (1250–1650)
- Feudal Law
- Legal Scholarship: The Theory of Sources and Methods of Law
- Natural Law in Early Modern Legal Thought
- Law and the Protestant Reformation
- Law of Property and Obligations: Neoscholastic Thinking and Beyond
- Criminal Law: Before a State Monopoly
- Civil Procedural Law, the Judiciary, and Legal Professionals
- Jurisdiction, Political Authority, and Territory
- Public Law before ‘Public Law’
- The Law of the Holy Roman Empire of the German Nation
- French Law and its Expansion in the Early Modern Period
- Spanish Law and its Expansion
- Scandinavian Law in the Early Modern Period
- English Law and its Expansion
- Russian Law in the Early Modern Period
- Colonial and Indigenous ‘Laws’—The Case of Britain’s Empires, <i>C.</i>1750–1850
- The Age of Codification and Legal Modernization in Private Law
- Legal Formalism and its Critics
- The Constitutional State
- A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century)
- The Law of the Welfare State
- The Law of Obligations: The Anglo-American Perspective
- Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Centuries
- European Twentieth-Century Dictatorship and the Law
- Communism and the Law
- The Law of the European Union in Historical Perspective
- Index
Abstract and Keywords
This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to current times. Comparative law in the twentieth century was dominated by the concept of ‘valid law’, functionalism, legal positivism and legal realism. The parameters of time and space within law were minimalized. The German law emigrés from Nazi Germany to England and the United States played a special role for the relation to comparative law, and several of these scholars played a great role for the post-war development of comparative law. Critical theories and post-colonialism have developed new legal discourses on culture and identity, and have increased interest not only in history but also in differences between legal cultures—and thus an increasing interest in comparative legal history.
Keywords: comparative law, Montesquieu, contexts, historical school, time and space, critical theories, law émigré, legal culture, deep structures of law
Kjell Å. Modéer is Professor Emeritus of Legal History at Lund University and Guest Professor of Law at Luleå Technical University, Sweden. His research focuses on the legal profession, comparative legal cultures and traditions as well as law and religion mainly from a Nordic perspective
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- The Oxford Handbook of European Legal History
- Preface
- List of Contributors
- The World Historical Significance of European Legal History: An Interim Report
- The Invention of National Legal History
- The Birth of European Legal History
- Abandoning the Nationalist Framework: Comparative Legal History
- Global Legal History: Setting Europe in Perspective
- Ancient Greek Law
- Early Roman Law And The West: A Reversal Of Grounds
- Classical and Post-Classical Roman Law: The Legal Actors and the Sources
- Institutions of Ancient Roman Law
- Byzantine Law: The Law of the New Rome
- Germanic Law
- Western Canon Law in the Central and Later Middle Ages
- Structure of Medieval Roman Law: Institutions, Sources, and Methods
- Substance of Medieval Roman Law: The Development of Private Law
- Southern Europe (Italy, Iberian Peninsula, France)
- Holy Roman Empire of the German Nation
- High and Late Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences
- Customary Law and the Influence of the <i>Ius Commune</i> in High and Late Medieval East Central Europe
- The Beginnings of the English Common Law (To 1350)
- The Scottish Common Law: Origins and Development, <i>C</i>.1124–<i>C</i>.1500
- Urban Law: The Law of Saxony and Magdeburg
- Extra-Legal and Legal Conflict Management among Long-Distance Traders (1250–1650)
- Feudal Law
- Legal Scholarship: The Theory of Sources and Methods of Law
- Natural Law in Early Modern Legal Thought
- Law and the Protestant Reformation
- Law of Property and Obligations: Neoscholastic Thinking and Beyond
- Criminal Law: Before a State Monopoly
- Civil Procedural Law, the Judiciary, and Legal Professionals
- Jurisdiction, Political Authority, and Territory
- Public Law before ‘Public Law’
- The Law of the Holy Roman Empire of the German Nation
- French Law and its Expansion in the Early Modern Period
- Spanish Law and its Expansion
- Scandinavian Law in the Early Modern Period
- English Law and its Expansion
- Russian Law in the Early Modern Period
- Colonial and Indigenous ‘Laws’—The Case of Britain’s Empires, <i>C.</i>1750–1850
- The Age of Codification and Legal Modernization in Private Law
- Legal Formalism and its Critics
- The Constitutional State
- A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century)
- The Law of the Welfare State
- The Law of Obligations: The Anglo-American Perspective
- Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Centuries
- European Twentieth-Century Dictatorship and the Law
- Communism and the Law
- The Law of the European Union in Historical Perspective
- Index
