Is legal history just writing a text?

Summary The question, what constitutes the methodology of the legal history research, is answered in different ways. One is that it is the same as for general history: writing on history according to a set of rules which constitute its methodology, because in the end all research on history is just creating a text. It follows from this that legal history is a variation of history and belongs to history faculties, since there is no connection with legal methodology. It is maintained in this article that this view is based on too simple a view of history as science: there is not one methodology but various methodologies (‘discourses’, not only in history but in science in general), each with its own conditions and requirements. Legal history’s discourse has a particular distinguishing element, viz. legal analysis and methodology, which sets it apart from history in general. Its natural place is consequently in law faculties.

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Publication Details

Journal
Tijdschrift voor Rechtsgeschiedenis / Revue d Histoire du Droit / The Legal History Review
Published
2024-08-20
DOI
https://doi.org/10.1163/15718190-20241204
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
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article

Is legal history just writing a text?

Boudewijn Sirks
Tijdschrift voor Rechtsgeschiedenis / Revue d Histoire du Droit / The Legal History Review
Law in Society and Culture
article

Is legal history just writing a text?

Boudewijn Sirks
article en

Abstract

Summary The question, what constitutes the methodology of the legal history research, is answered in different ways. One is that it is the same as for general history: writing on history according to a set of rules which constitute its methodology, because in the end all research on history is just creating a text. It follows from this that legal history is a variation of history and belongs to history faculties, since there is no connection with legal methodology. It is maintained in this article that this view is based on too simple a view of history as science: there is not one methodology but various methodologies (‘discourses’, not only in history but in science in general), each with its own conditions and requirements. Legal history’s discourse has a particular distinguishing element, viz. legal analysis and methodology, which sets it apart from history in general. Its natural place is consequently in law faculties.

Tijdschrift voor Rechtsgeschiedenis / Revue d Histoire du Droit / The Legal History ReviewVol. 92(1-2)
University of Oxford (GB), Science Oxford (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
Law in Society and Culture
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