- The Oxford Handbook of Legal History
- Editors’ Preface
- Notes on the Contributors
- Philosophical Analysis and Historical Inquiry: Theorizing Normativity, Law, and Legal Thought
- The History and Historical Stance of Law and Economics
- Critical Histories of Comparative Law
- Literary Analysis of Law
- Rhetoric and The Possibilities of Legal History
- Legal History as Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law
- Law as Social History
- Legal History as Political History
- The Intellectual History of Law
- Legal History as Doctrinal History
- Historical Method In The Study of Law And Culture
- Legal History As Economic History
- Femininities and Masculinities: Looking Backward and Moving Forward In Criminal Legal Historical Gender Research
- Legal History As The History of Legal Texts
- From Evolutionary Functionalism to Critical Transnationalism: Comparative Legal History, Aristotle to Present
- Archival Legal History: Towards the Ocean as Archive
- Spelunking, or, Some Meditations on the New Presentism
- Legal History: Taking The Long View
- Quantitative Legal History
- Blackstone
- Jeremy Bentham (1748–1832)
- Historical Jurisprudence
- Legal Formalism
- Sociological Jurisprudence and The Spirit of The Common Law
- The Return of Legal Realism
- &: Law _ Society in Historical Legal Research
- Legal History and The Material Turn
- Marxist Legal History
- Structuralist and Post-Structuralist Legal History
- Sez who? Critical Legal History Without A Privileged Position
- Critical legal studies: Europe
- Feminist Historiography of Law: An Exposition and Proposition
- Critical Race Theory and The Political Uses of Legal History
- Queering Law’s Empire: Domination and Domain In The Sexing Up of Legal History
- Roman Law
- Medieval Canon Law
- The Transformation of The Common Law: Modernism, History, and The Turn To Process
- Tracing Legal History In Continental Civil Law
- Jewish Law
- Historical Research On Islamic Law
- ‘By The Light of The Moon’: Looking For China’s Rich Legal Tradition
- Traditions: Tracing Legal History, Aboriginal/Indigenous Law (Australia/New Zealand)
- Indigenous Rights: Latin America
- Indian Law
- Governance Histories of International Law
- Imperial Law: The Legal Historian and The Trials And Tribulations of An Imperial Past
- A History of Violence: American Constitutional History and The Criminal System
- Doing Things with Legal History: Historical Analysis in Property Law
- What Do Contracts Histories Tell Us About Capitalism?: From Origins and Distribution, to the Body and the Nation
- Historical Analysis in Criminal Law: A Counter-History of Criminal Trial Verdicts
- The Historical Method in Public Law
- Historical Analysis in Environmental Law
- Redeeming the American Founding?
- Foundings: European integration
- Adjudication of Indigenous-Settler Relations
- Cultural Genocide: Between Law and History
- Historians’ Amicus Briefs: Practice and Prospect
- Index
Abstract and Keywords
This chapter begins with a brief introductory note on the role of legal history in ancient Roman law, and the legal scholarship of medieval glossators and commentators. It then turns to the dominant schools of continental legal scholarship in the seventeenth and eighteenth centuries, the ‘Neo-Bartolists’ and the usus modernus pandectarum. It considers the rise of the Historical School in Germany and the corresponding movements elsewhere in continental Europe. Methodologically, the representatives of the Historical School were the first professional legal historians in the modern sense of the term. Finally, the chapter retells the story of the rise of European legal history in the post-war period, and the recent trends towards a creation of global legal histories. It shows that legal history’s turns have in many ways followed from not only legal scholarship in general, but also from developments in historical science and global politics.
Keywords: legal history, civil law, legal historiography, ancient Roman law, Historical School, legal scholarship
Heikki Pihlajamäki is Professor of Comparative Legal History at the University of Helsinki.
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- The Oxford Handbook of Legal History
- Editors’ Preface
- Notes on the Contributors
- Philosophical Analysis and Historical Inquiry: Theorizing Normativity, Law, and Legal Thought
- The History and Historical Stance of Law and Economics
- Critical Histories of Comparative Law
- Literary Analysis of Law
- Rhetoric and The Possibilities of Legal History
- Legal History as Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law
- Law as Social History
- Legal History as Political History
- The Intellectual History of Law
- Legal History as Doctrinal History
- Historical Method In The Study of Law And Culture
- Legal History As Economic History
- Femininities and Masculinities: Looking Backward and Moving Forward In Criminal Legal Historical Gender Research
- Legal History As The History of Legal Texts
- From Evolutionary Functionalism to Critical Transnationalism: Comparative Legal History, Aristotle to Present
- Archival Legal History: Towards the Ocean as Archive
- Spelunking, or, Some Meditations on the New Presentism
- Legal History: Taking The Long View
- Quantitative Legal History
- Blackstone
- Jeremy Bentham (1748–1832)
- Historical Jurisprudence
- Legal Formalism
- Sociological Jurisprudence and The Spirit of The Common Law
- The Return of Legal Realism
- &: Law _ Society in Historical Legal Research
- Legal History and The Material Turn
- Marxist Legal History
- Structuralist and Post-Structuralist Legal History
- Sez who? Critical Legal History Without A Privileged Position
- Critical legal studies: Europe
- Feminist Historiography of Law: An Exposition and Proposition
- Critical Race Theory and The Political Uses of Legal History
- Queering Law’s Empire: Domination and Domain In The Sexing Up of Legal History
- Roman Law
- Medieval Canon Law
- The Transformation of The Common Law: Modernism, History, and The Turn To Process
- Tracing Legal History In Continental Civil Law
- Jewish Law
- Historical Research On Islamic Law
- ‘By The Light of The Moon’: Looking For China’s Rich Legal Tradition
- Traditions: Tracing Legal History, Aboriginal/Indigenous Law (Australia/New Zealand)
- Indigenous Rights: Latin America
- Indian Law
- Governance Histories of International Law
- Imperial Law: The Legal Historian and The Trials And Tribulations of An Imperial Past
- A History of Violence: American Constitutional History and The Criminal System
- Doing Things with Legal History: Historical Analysis in Property Law
- What Do Contracts Histories Tell Us About Capitalism?: From Origins and Distribution, to the Body and the Nation
- Historical Analysis in Criminal Law: A Counter-History of Criminal Trial Verdicts
- The Historical Method in Public Law
- Historical Analysis in Environmental Law
- Redeeming the American Founding?
- Foundings: European integration
- Adjudication of Indigenous-Settler Relations
- Cultural Genocide: Between Law and History
- Historians’ Amicus Briefs: Practice and Prospect
- Index