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    Entanglements in Legal History

    Conceptual Approaches

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    Author(s)
    Duve, Thomas
    Kroppenberg, Inge
    Linder, Nikolaus
    Srikantan, Geetanjali
    Bandeira, Galindo
    Rodrigo, George
    Buis, Emiliano J
    Castro, Fernández
    Belem, Ana
    Donlan, Seán Patrick
    Zollmann, Jakob
    Andrés Santos, Francisco J.
    Parise, Agustín
    Zimmermann, Eduardo
    Delbecke, Bram
    Heimbeck, Lea
    Kemme, Clara
    Pifferi, Michele
    Contributor(s)
    Duve, Thomas (editor)
    Language
    English
    Show full item record
    Abstract
    "Legal History presents a broad panorama of historical processes that trigger theoretical reflections on legal transfers and legal transplants and on the problem of the reception and assimilation laws and other modes of normativity. In this volume, legal historians across the globe reflect on their analytical traditions and present case studies in order to discuss how entangled histories of law can be understood, analyzed and written. In the first section of this volume, ‘Traditions of Transnational Legal History’, the authors revisit specific achievements and shortcomings of legal historical research against the backdrop of postcolonial and global studies. Reflections on our own disciplinary traditions that reveal the path-dependencies include critical accounts on the tradition of ‘European Legal History’, ‘Codification history’, the emergence of ‘Hindu Law’, and the methodological aspects of Comparative Law. The four articles in the second section, ‘Empires and Law’, showcase entangled legal histories forged in imperial spaces, for instance, through treaties concluded in the spheres of influence of ancient Roman Empire, which in this instance is analyzed as a process of ‘narrative transculturation’. Analogously, transnational institutions adjudicating merchant-disputes in the Early Modern Spanish Empire and normative frameworks constructed in a multilingual space shortly after its decline are analyzed as ‘diffusion and hybridization’. And finally, the spotlight is cast on the so-called ‘craftsmen of transfer’ and the bureaucrats that took practical comparative law as the basis to design the German colonial law. In the third section, ‘Analyzing transnational law and legal scholarship in 19th and early 20th century’, seven case studies offer theoretical reflections about entangled legal histories. The discussions range from civil law codifications in Latin America as ‘reception’ or ‘normative transfers’, entangled histories of constitutionalism as ‘translations’ and ‘legal transfer’, formation of transnational legal orders in 19th century International Law and the International Law on state bankruptcies to the impact of transnational legal scholarship on criminology. All articles engage in methodological reflections and discussions about their concrete application in legal historical research."
    URI
    http://library.oapen.org/handle/20.500.12657/25267
    Keywords
    Global History; Normative Transfers; Legal Theory; Normative Orders; Comparative Legal Studies; Entangled History; Legal History
    DOI
    10.12946/gplh1
    ISBN
    9783944773100
    OCN
    1147297014
    Publisher
    Max Planck Institute for Legal History and Legal Theory
    Publisher website
    https://www.lhlt.mpg.de/en
    Publication date and place
    Frankfurt am Main, 2014
    Series
    Global Perspectives on Legal History, 1
    Classification
    General and world history
    Legal history
    Pages
    576
    Rights
    https://creativecommons.org/licenses/by-nc-nd/3.0/de/
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    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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