Abstract

This chapter addresses the question of what legal history is a history of. It begins by drawing the more or less conventional division between external legal history and internal legal history. It then focuses on internal legal history, which deals with law on its own terms. Its sources are predominantly those drawn up by the legal process – in England, that is, records of courts, law reports, and legal treatises – and its practitioners are as often as not trained lawyers, or at least scholars whose discipline is law. On the face of internal legal history there cannot be any doubt that it is the history of law, but the real problem is to decide what we mean by law.

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