Comparative Contexts in Legal History: are we all comparatists now?
The article discusses Comparative Legal History from a methodological point of view, seeking to define comparison departing from historiography and demonstrating how the discipline of legal history emerged in the nineteenth century to validate the idea of a national legal science. Secondly, the arti...
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| Format: | Article |
| Language: | English |
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2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5156278 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 36, Nº. 70, 2015, pags. 57-75 |
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| Summary: |
The article discusses Comparative Legal History from a methodological point of view, seeking to define comparison departing from historiography and demonstrating how the discipline of legal history emerged in the nineteenth century to validate the idea of a national legal science. Secondly, the article presents the traditional idea of comparison as a means of constructing new identities. Finally, it introduces a new method of Comparative Legal History, claiming that the research object can always be located in a wider perspective than the national one. This demonstrates that comparison could be understood as an innate instrument of the legal historian. |
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