Abstract
Abstract Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this compendium takes stock of legal history and methodology and reflects on the various modes of historical analysis of law, past, present, and future. Part I explores the relationship between legal history as historical analysis of law and other scholarly projects, including history unmodified and legal history as a subspecies of historical—rather than of legal—scholarship, as well as other modes of critical analysis of law, such as economic, philosophical, sociological, comparative, literary, and rhetorical approaches. Part II considers various approaches to legal history as a scholarly enterprise, ranging from legal history as social history to more recent projects such as legal history and digital humanities and empirical legal history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, culture, and space, including, among others, ancient law, Aboriginal law, and global law. Finally, Part V narrows the Handbook’s focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts, during times of national, and supranational, community building, and in various modes of legal intervention in specific disputes.
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