Articles published on Legal history
Authors
Select Authors
Journals
Select Journals
Duration
Select Duration
6155 Search results
Sort by Recency
- New
- Research Article
- 10.55927/mudima.v5i11.683
- Nov 30, 2025
- Jurnal Multidisiplin Madani
- Maysarah Nasution + 1 more
This study aims to provide an in-depth explanation of the definition, functions, and objectives of the discipline of legal history. As a branch of knowledge that bridges the past with the present, legal history is often overlooked, even though it plays a crucial role in the formation, interpretation, and reform of law. This study uses normative legal research methods with a library research approach. Data were collected through the analysis of documents, textbooks, scientific journals, and other relevant literature. The results of the study indicate that (1) the understanding of legal history is not limited to the chronology of legal events, but is a critical study of the evolution of norms, institutions, and legal thought in its social, political, and economic context. (2) The functions of legal history include the educational function (providing understanding), the pragmatic function (assisting in interpretation and formation of law), and the critical function (revealing the ideology and power behind the law). The main goal of studying legal history is to understand the identity and character of a legal system, avoid past mistakes, and provide a strong foundation for future law reform. This study concludes that legal history is an essential analytical tool for academics, practitioners, and policymakers to understand the law in a comprehensive, dynamic, and contextual manner
- New
- Research Article
- 10.30574/ijsra.2025.17.2.3120
- Nov 30, 2025
- International Journal of Science and Research Archive
- Chaudhary Hamza Riaz + 1 more
This article analyzes how modern technologies, including blockchain and artificial intelligence (AI), affect the concept and nature of authority in law. Legal systems have, for most of legal history, deferred to authority based on precedent, meaning that the past decisions of courts uniquely determined outcomes of disputes. However, technologies such as blockchain, which may support peer-to-peer and decentralized networks, which will transform legal decision-making from one of reliance and appeal to precedent to one of approaches, have challenged the current authority of law based on precedent. Whether blockchain provides access to immutable and transparent records of events, which offer decentralized authority that does not rely on intermediaries playing a direct role, or whether AI allows for more efficient and data-driven law, AI also provides ways to consider accountability, bias, and transparency, as well as the limits of understanding what 'transparency' means in the decision-making process. This article will consider not whether modern technologies will replace or supplement the present legal system, but how we will come to define legal authority on protocols and algorithms, rather than past precedent of law. The linear appeal to legal precedent as our understanding of legal authority prompted the need for this examination of modern technologies and the pieces that contribute to the establishment of authority in legal governance, while maintaining the principal values of fairness, accountability, and justice.
- New
- Research Article
- 10.36348/sijlcj.2025.v08i11.002
- Nov 22, 2025
- Scholars International Journal of Law, Crime and Justice
- Oleg Vitalievich Pavlov
The article is devoted to an interdisciplinary analysis of the transformation of Roman law in the transitional period from the Republic to the Empire through the category of the megalopolis as a special legal-architectural and cultural phenomenon. It is shown that Roman law during this period acted not only as a conservative regulator ensuring the stability of the political-legal order, but also as a technology of institutional engineering creating conditions for the release of the creative potential of society. Based on the philosophical and legal heritage of the Roman Stoics (Seneca, Marcus Aurelius, Cicero), modern studies in the field of legal history, neurobiology and the theory of creativity, as well as on the example of Francis Ford Coppola’s feature film Megalopolis (2024), the image of the megalopolis is reconstructed as a model of a legal environment in which the law does not suppress, but structures and protects the creative activity of passionary individuals. The thesis is substantiated that the fluctuations of law in the era of the crisis of the Roman Republic became a condition for the creative bifurcation of the state system, opening the way to a new imperial configuration capable of integrating diverse cultural codes and architectural practices. Comparison of the Roman experience with examples of legal modernization in Singapore and the UAE makes it possible to conclude that an effective legal environment is a necessary condition for the formation of a megalopolis as a space of innovative development, where the protection of private property, contractual freedom and personal autonomy becomes a key resource of humanistic progress.
- Research Article
- 10.1017/jlr.2025.11
- Nov 6, 2025
- Journal of Law and Religion
- Dennis J Wieboldt
Abstract During the early twentieth century, Ivy League legal scholars developed a positivist jurisprudential method known as legal realism. Concerned with the law’s relationship to social conditions, legal realism methodologically triumphed in the elite legal academy and brought to a close what one historian has described as the “decline of natural law” in American jurisprudence. Catholic legal scholars in the United States responded to this decline by invoking the natural law philosophy of Thomas Aquinas and his nineteenth-century neoscholastic disciples, arguing that legal realism irredeemably divorced law and morality. In so doing, these scholars effectively inaugurated what the author terms the neoscholastic legal revival , a decades-long period of debate between Catholic natural lawyers and their positivist contemporaries about natural law’s foundational relationship to the US legal tradition. To explain the history and significance of this debate, the author uncovers the origins the neoscholastic legal revival in particular features of nineteenth-century European Catholic intellectual culture that were transmitted to the United States through the Society of Jesus, the world’s largest Catholic religious order. The author especially examines the lives and legacies of two American Jesuits, William J. Kenealy and Francis E. Lucey, who helped to lead the neoscholastic legal revival and who illustrate how recovering the revival’s forgotten history can enrich scholars’ understanding of this important period in US legal history.
- Research Article
- 10.1080/17530350.2025.2559316
- Nov 5, 2025
- Journal of Cultural Economy
- Anat Rosenberg
ABSTRACT This article brings together cultural studies and legal history to address a particular mode of historical enchantment, namely, the economic magic of something-for-nothing. Considered within the early history of mass advertising in Britain, the magic appears to have migrated: it appeared in materialized form in the somewhat forgotten history of nineteenth-century prize and gift advertising, which was gradually superseded by a dematerialized form found in brand advertising. The article examines the process of dematerialization, suggesting that it was unwittingly encouraged by law, which is read here as a public debate about the possibility of getting something for nothing in the market. Legal responses to prize- and brand advertising reveal a marked divergence. They were far more prohibitive toward the former, and thus created conditions in which it made sense for advertisers to dematerialize the benefits they offered, and for consumers to seek dematerialized windfalls. This history reframes the periodization of advertising's modernization, its mood, and the place of law in the history of brand capitalism.
- Research Article
- 10.32734/nlrjolci.v4i2.20845
- Nov 3, 2025
- Neoclassical Legal Review: Journal of Law and Contemporary Issues
- Angayar Kanni Ramaiah + 5 more
Competition law aims to promote fair market practices and prevent monopolistic behaviour, while political economy explores the relationship between economic systems and political institutions. Together, these disciplines shape the regulatory frameworks that oversee national markets and economic policies, encouraging competition and tackling issues such as inequality and market inefficiencies. In developing countries, the influence of political economy tends to be more significant than in developed nations, which usually benefit from more stable democratic institutions and stronger legal systems. Among ASEAN member states (AMS), there is notable variation in levels of economic development, policies, political structures, and legal frameworks. Consequently, each AMS’s unique political and legal history has influenced its approach to economic management and competition law, leading to distinct priorities and concerns. These political economy factors similarly impact the process of regional competition law integration among ASEAN countries. This paper explores how political economy shaped the enactment and enforcement of competition law in selected AMS: Malaysia, Vietnam, Thailand, and Indonesia. It analyses the underlying reasons for their specific reservations, exemptions, and priorities within their competition law. Using qualitative legal research and comparative analysis, the study reviews relevant political economy structures, statutes, regulations, and policies in the chosen AMS to assess their significance and influence on competition law administration. The findings indicate that ASEAN’s regional competition law alignment and integration must recognise each AMS’s broader internal political economy, which is vital for developing competitive markets within ASEAN.
- Research Article
- 10.1515/mwjhr-2025-0009
- Oct 28, 2025
- Muslim World Journal of Human Rights
- Amr Osman
Abstract This article presents and discusses views of some contemporary Arab scholars who have examined the validity of the notion of copyright from the point of view of Islamic law as they understand it. Whereas a few of these scholars have rejected the notion altogether, most of them have argued for its compatibility with Islamic law. To argue for or against the validity of copyright from the point of view of Islamic law, these scholars have employed an impressive host of arguments, rules, principles, and views from Islamic scriptural texts and legal history, making references to Qur’anic verses, Prophetic traditions, historical incidences and practices. These discussions, however, have focused on specific technical questions relating to Islamic law, such as whether authorship (knowledge) can be monetarized, the kind of right that copyright is, the contractual aspects of the relationship between the producers, distributors, and consumers of knowledge, and who should regulate the application of copyright and on what basis. The article concludes that these discussions – which may have influenced current policies on copyright in Arab countries – are mostly uncritical and failed to question problematic aspects of copyright and use the rich normative tradition to which Arab scholars belong to provide valuable input to present debates on the validity, usefulness, and future of copyright.
- Research Article
- 10.51473/rcmos.v1i2.2025.1550
- Oct 20, 2025
- RCMOS - Revista Científica Multidisciplinar O Saber
- Gabriela Da Conceição Alves E Alves + 2 more
The analysis developed throughout this theoretical framework shows that the Maria da Penha Law is one of the most relevant instruments in Brazilian legal history in the fight against domestic violence and in the promotion of women's human rights. Since its enactment, the law has consolidated significant advances, by recognizing gender-based violence as a violation of fundamental rights and by structuring legal mechanisms for the protection and accountability of aggressors. However, the effectiveness of the law still depends on structural and cultural factors, which go beyond the normative field and require continuous commitment from the State and civil society in its practical application. It is verified that, although the protective measures and psychosocial support provided for in the legislation are essential to ensure the integrity and dignity of the victims, their execution still faces challenges related to the lack of infrastructure, judicial delays and the shortage of trained professionals. It is concluded, therefore, that the legal effectiveness of the Maria da Penha Law is directly linked to the realization of women's human rights, to the expansion of public policies for reception and re-education, and to the strengthening of the culture of respect and equity. Only with a solid protection network, investment in professional training and gender education will it be possible to ensure that the legal text translates into real protection, autonomy and justice for all Brazilian women, fully fulfilling the emancipatory and humanist role that inspired its creation.
- Research Article
- 10.52152/801956
- Oct 19, 2025
- Lex localis - Journal of Local Self-Government
- Sanjay Khaitan + 1 more
The Hindu Succession Act, 1956, marked a watershed moment in Indian legal history by fundamentally transforming the property rights of Hindu women. Section 14 of the Act, in particular, represents a radical departure from the traditional Hindu law's concept of limited estate (stridhana) to absolute ownership rights for women. This paper critically examines the evolution, interpretation, and impact of Section 14, analyzing its role in promoting gender equality in property rights. Through comprehensive legal analysis, case law examination, and comparative study, this research evaluates the effectiveness of Section 14 in achieving its intended objectives while identifying persistent challenges in implementation. The study employs doctrinal research methodology, examining statutory provisions, judicial interpretations, and legislative amendments to present a holistic view of women's property rights under Hindu law.
- Research Article
- 10.53573/rhimrj.2025.v12n10.003
- Oct 15, 2025
- RESEARCH HUB International Multidisciplinary Research Journal
- Lekh Raj Sharma
This paper reconstructs the environmental and political economy of the Shimla Hill States under British paramountcy, arguing that “scientific forestry,” revenue rationalization, and infrastructural integration transformed a landscape of commons into a landscape of reserves and permits. From the 1860s to the 1940s, working plans, demarcation, and lease arrangements converted customary rights of grazing, lopping, fuelwood, and timber into state-regulated privileges, monetizing access while elevating forest revenues as fiscal anchors of princely rule. These changes, paired with road-building and the Kalka–Shimla rail link, knit the hills to imperial markets, amplified extraction, and reconfigured agrarian livelihoods. Although horticulture—iconically the apple economy initiated in Kotgarh—promised a new equilibrium, it depended on the same infrastructures and rules that marginalized many smallholders. The social effects were uneven: rural stratification sharpened; women’s labor in forest collection became more precarious; and transhumant herders encountered criminalization. Yet these material pressures also fostered political mobilization. Praja Mandals in Sirmour, Bushahr, and other states linked forest restrictions and begar to civil liberties, forging a political ecology that helped steer integration into democratic India after 1947. Drawing on environmental and legal history (Guha; Sivaramakrishnan; Rangarajan), on studies of princely governance (Ramusack; Copland), and on Himalayan agrarian ecologies (Chetan Singh), the paper argues that indirect rule at altitude made forests legible to the state and, paradoxically, made the state legible to its subjects.
- Research Article
- 10.33087/wjh.v9i2.1897
- Oct 14, 2025
- Wajah Hukum
- Tomson Purba + 1 more
As a source of income for the village, village treasury land does not yet have specific regulations governing its management and utilization. As a result, Village Treasury Land cannot be utilized professionally, thus hampering Village development. To determine and analyze the legal arrangements for securing village treasury land is the purpose of this study. This study uses normative legal research methods with legal materials from statutory, conceptual, and historical laws by applying inventory, systematization, and interpretation techniques. Because specific regulations regarding village treasury land are not found in laws or implementing regulations below or in regulations equivalent to implementing regulations, the results of this study can be used to create Village Regulations. Therefore, to obtain legal certainty, the Village Head has the authority to create Village Regulations in the Utilization and Management of Village Treasury Land.
- Research Article
- 10.1017/s1369415425100770
- Oct 9, 2025
- Kantian Review
- Elisabeth Theresia Widmer
Abstract At the turn of the twentieth century, few philosophical ideas in Marx’s work gained as much attention as his account of history. Orthodox Marxists made it their programme to closely follow Marx’s development thesis, which posits that the productive forces determine the course of history. The Austromarxist Max Adler (1873–1937), influenced by neo-Kantianism, took more liberties in interpreting – or, perhaps more accurately, ‘reinventing’ – the law of history in practical terms. This article reconstructs Adler’s neo-Kantian ‘reinvention’ of Marx’s account of history. According to Adler, the notion of ‘necessity’ that underpins critical judgements is not grounded in the regularity of history but rather in the moral judgements we make about how history should develop. More specifically, I defend two claims. First, by interpreting human progress as a possibility that presents itself as a necessity from the standpoint of practical rationality, I show that Adler laid the foundation for a critique of the Marxist development thesis that only later gained traction. Second, while Marxists may fear that Kantian formalism cannot address misguided ideological beliefs, I argue that Adler’s neo-Kantian formalism is robustly anti-ideological, emphasising the ideology-emancipating transformation we undergo when we recognise exploitative structures.
- Research Article
- 10.4467/20844131ks.25.007.21627
- Oct 8, 2025
- Krakowskie Studia z Historii Państwa i Prawa
- Łukasz Jan Korporowicz
Doe, Norman, and Coleman, Stephen, eds. The Legal History of the Church of England. From the Reformation to the Present. Oxford–London–New York–New Delhi–Sydney: Hart, 2024 (pp. 268, ISBN 978-1-509970-319-4)
- Research Article
- 10.1080/1535685x.2025.2571349
- Oct 5, 2025
- Law & Literature
- Paul Mitchell
In this article I explore how legal history and fiction can be brought into productive, creative dialogue. The article begins by showing how such a dialogue differs from the traditional Law and Literature approach. It then examines how the relationship between legal history and literature was imagined by J. H. Wigmore, in his famous lists of legal novels. Building on Wigmore’s ideas, it argues that writings on the role of literature in history, particularly those of Raymond Williams, offer a suggestive parallel for understanding the significance of literature for legal history. The second half of the article applies the approach set out in the first half to stories by Henry James and Elizabeth Gaskell. It shows how that approach can contribute to legal history, and can also lead to the revaluation of literary texts.
- Research Article
- 10.59298/nijre/2025/52713
- Oct 5, 2025
- NEWPORT INTERNATIONAL JOURNAL OF RESEARCH IN EDUCATION
- Asiimwe Aisha
This paper examines the historical evolution and contemporary relevance of crisis communication within legal contexts. Crisis communication, traditionally studied in corporate and organizational frameworks, is often complicated in legal settings where reputational management collides with legal liability. This study examines how crisis events have historically been framed and addressed through legal language, public communication strategies, and evolving media technologies. Drawing on landmark legal cases, it analyzes how the balance between legal discretion and public expectation has shifted, particularly under the pressure of real-time social media discourse. The paper integrates theories such as Situational Crisis Communication Theory (SCCT) and Attribution Theory to understand responses to crises that straddle the line between legal obligation and public accountability. Through the analysis of case studies ranging from institutional scandals to hashtag-driven activism, the research illustrates how legal institutions and actors navigate crisis scenarios while maintaining judicial integrity and public trust. It concludes by proposing a revised framework for legal crisis communication that incorporates ethical considerations, media dynamics, and stakeholder engagement in an era dominated by transparency and immediacy. Keywords: Crisis Communication, Legal History, Public Relations, Situational Crisis Communication Theory (SCCT), Legal Liability, Social Media, Hashtag Activism.
- Research Article
- 10.59298/nijre/2025/522732
- Oct 5, 2025
- NEWPORT INTERNATIONAL JOURNAL OF RESEARCH IN EDUCATION
- Asuma Mariita Nchaga
The language of law has played a pivotal role in shaping societies, institutions, and justice systems across time. This study critically examines the evolution and function of legal language within historical legal texts, tracing its development from early jurisprudential codes to modern legal frameworks. Drawing from a range of linguistic, hermeneutic, and legal-philosophical approaches, the paper explores how legal terminology, structures, and interpretive practices have transformed in tandem with shifts in political authority, cultural context, and societal needs. Special emphasis is placed on the intersection of language, power, and accessibility, revealing how legal language has often both empowered and excluded. By analyzing selected legal documents from various epochs, including Roman law, medieval European codices, and early modern statutory texts, this paper evaluates how legal meaning is constructed and understood. It also highlights contemporary challenges in legal interpretation arising from ambiguities, translation issues, and the specialized nature of legal discourse. The study advocates for a re-evaluation of the linguistic practices of legal professionals to promote inclusivity, precision, and transparency in legal communication. Keywords: Legal language, legal history, historical legal texts, hermeneutics, legal terminology, law and linguistics, interpretation.
- Research Article
- 10.1016/j.schres.2025.07.015
- Oct 1, 2025
- Schizophrenia research
- Ashley Du + 12 more
Victimization and engagement with the legal system among individuals at clinical high risk (CHR) for psychosis.
- Research Article
- 10.1176/appi.ps.20240383
- Oct 1, 2025
- Psychiatric services (Washington, D.C.)
- Lauren E Kois + 4 more
Social determinants of mental health and criminal legal involvement have substantial overlap and bidirectional influence. However, these elements are not yet fundamental components of mental health practitioner training, and practitioners are prone to stigmatize individuals with criminal legal histories. This case study describes a reentry simulation as a possible practitioner training tool. Participants indicated that the simulation was an effective training experience that increased their understanding of social determinants and empathy for individuals affected by the criminal legal system. Experiential learning activities such as simulations appear to be a promising but underutilized training tool that could be leveraged to promote more equitable mental health services.
- Research Article
- 10.33506/js.v11i3.4787
- Sep 30, 2025
- JUSTISI
- Nabila Diara Putri + 2 more
This study aims to analyze the historical of general election postponements in Indonesia, along with the legal basis and constitutional implications of delaying elections without a legitimate emergency. As the primary instrument of popular sovereignty, elections must be held periodically, fairly, and in accordance with the constitution. In this regard, postponing an election without a solid legal foundation could trigger legitimacy crises and constitutional disputes. The method used in this study is normative juridical research with a statute, conceptual approach and historical approach, with the data analyzed qualitatively and descriptively. The novelty of this study lies in its comprehensive review of the historical dynamics and legal framework surrounding election postponements from the era of Parliamentary Democracy to the Reform Era with a specific focus on the legal gap in responding to non-natural disasters such as the COVID-19 pandemic. The findings reveal that election postponements in Indonesia have often been linked to political and security crises, though not always grounded in a democratic legal process. The results of this study show that the postponement of elections in Indonesia has historically been influenced by political instability, legal ambiguity, and emergency situations, such as armed conflict or the COVID-19 pandemic. Despite these challenges, the legal framework in Indonesia lacks specific provisions regarding systematic election postponement, especially in the case of non-natural disasters. The ambiguity in interpreting terms like “other disturbances” under existing electoral laws has led to varying legal opinions and uncertainty in implementation. The conclusion of this study is that the postponement of elections can only be justified in the presence of a real and constitutionally recognized state of emergency. The absence of a clear legal framework poses a risk to democratic integrity and public trust. Therefore, the study emphasizes the urgent need to revise and strengthen electoral regulations by clearly outlining the procedures, legal basis, and conditions under which elections may be postponed, ensuring the protection of citizens’ constitutional rights in all circumstances.
- Research Article
- 10.19073/2658-7602-2025-22-3-441-454
- Sep 27, 2025
- Siberian Law Review
- Yu V Sviridov
The article is devoted to a historical-legal analysis of the evolution of the institution of voluntary abandonment of a crime in Russian criminal law, from the Old Russian period to the modern norms of the Criminal Code of the Russian Federation. The study covers the key stages of the formation of this legal phenomenon, demonstrating how approaches to differentiating liability for incomplete crimes have changed under the influence of social, political, and legal factors. The origins of the institution are traced to the Russkaya Pravda (11th–13th centuries), where norms already existed on mitigation of punishment for refraining from unlawful actions (for example, reducing the fine for drawing a sword without striking) or complete exemption from liability upon elimination of the consequences. Particular attention is paid to the period of the Muscovite state (15th–17th centuries), when the Sudebniks of 1497 and 1550 and the Council Code of 1649 indirectly recognized the significance of crime stages, although voluntary abandonment had not yet been expressly enshrined. Aturning point came with the legislation of Peter I—particularly the Military Articles of 1715—which for the first time distinguished stages of criminal activity (preparation, attempt) and provided for reduction of punishment in case of repentance. The article further analyzes the Code of Criminal and Correctional Punishments of 1845, which systematized norms on voluntary abandonment, including exoneration of accomplices who timely prevented a crime. It shows how Soviet law (the RSFSR Criminal Codes of 1922, 1926, 1960) transformed the institution, shifting the focus to the absence of corpus delicti in cases of voluntary abandonment, and how the case law of the Supreme Court of the USSR established criteria of voluntariness and awareness. The concluding part elucidates Article 31 of the Criminal Code of the Russian Federation, under which voluntary abandonment is construed as cessation of preparation or attempt with awareness of the possibility of completing the crime. It is emphasized that the modern approach combines the traditions of pre-revolutionary law (flexibility in evaluating motives) and the achievements of Soviet legal thought (emphasis on crime prevention). The article is addressed to lawyers, legal historians, and students interested in the evolution of criminal-law institutions. The significance of the research lies in demonstrating the continuity of legal traditions and in updating historical experience to improve modern mechanisms for encouraging the abandonment of criminal activity.