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date: 21 February 2020

Abstract and Keywords

This chapter outlines an approach to legal history that regards historical analysis as one mode of critical analysis of law, along with other modes of ‘interdisciplinary’ analysis (economical, philosophical, sociological, literary, etc.) and ‘doctrinal’ analysis. In this way, legal history plays a key role in the general effort to move beyond the long-standing and rhetorically useful, but ultimately unproductive, distinction between ‘modern’ and ‘traditional’ legal scholarship, and that between ‘common law’ and ‘civil law’ scholarship. According to this view of legal history, it is a mode of jurisprudence rather than a subspeciality of law or a form of applied history.

Keywords: legal history, law, historical analysis, jurisprudence, critical analysis, doctrinal analysis, interdisciplinary analysis

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