Historical Legal Research

2020 ◽  
pp. 198-229
Author(s):  
P. Ishwara Bhat
Keyword(s):  
Legal History ◽  
Historical Study ◽  
Archival Data ◽  
Social Dimensions ◽  
Legal Research ◽  
History Of ◽  
The Law ◽  
Legal Concepts ◽  
Insight Into ◽  
Law Making

Study of history of laws and legal systems unravels their social dimensions and gives insight into the dynamics of economics, communitarian ethos, and the cultural trajectory beneath them. History unravels the growth of legal concepts, ideas, conscience of the community underlying the law, political and social movements which produced the law, and international relations, which shaped the law at the national and international levels. Within this discussion on historical legal research, the chapter discusses the following points: (a) the interrelated nature of internal legal history, which focuses on evolution of law making, and external legal history, which contextualises law in its social milieu; (b) how archival research, which is a part of historical study, should be conducted by examining the authenticity of the document, relation with events, and central proposition emerging in the discourse; (c) the building up of knowledge of the legal system by legal historians, judges, and scholars have through historical study; and (d) the application of internal and external criticisms to archival data in legal disputes involving historical disagreements.

A Welcome Conversation: Toward a New Historiography of Intellectual Property

2018 ◽  
Vol 43 (03) ◽  
pp. 1113-1129
Author(s):  
Kali Murray
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Social Practices ◽  
The Body ◽  
Property Law ◽  
Legal Concept ◽  
Narrative Structures ◽  
History Of ◽  
The Relationship ◽  
Insight Into

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.

Introduction

2018 ◽  
pp. 1-28
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Social History ◽  
Legal History ◽  
The United States ◽  
Historical Research ◽  
The Political ◽  
Bill Of Rights ◽  
History Of ◽  
The Law ◽  
The U.S

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.

scholarly journals THE ROLE OF PRIVATE LAW IN PROMOTING SOCIAL JUSTICE

Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Eltjo Schrage
Keyword(s):  
Legal History ◽  
International Study ◽  
Study Group ◽  
Private Law ◽  
International Study Group ◽  
Nelson Mandela ◽  
History Of ◽  
The Law ◽  
Metropolitan University ◽  
The University

The first contribution published in this edition is an abridged version of the inaugural lecture delivered by Professor Eltjo JH Schrage on 24 August 2009 in Port Elizabeth. The Faculty of Law is honoured that such an internationally esteemed jurist accepted the appointment as first Honorary Professor of the Faculty of Law in 2009. Prof Eltjo JH Schrage was born in Groningen. He studied law at the University of Groningen, where he obtained his doctorandus, a degree which is analogous to our master’s degree. In 1975 he defended his doctoral thesis entitled Libertas est facultas naturalis. Menselijke vrijheid in een tekst van de Romeinse jurist Florentinus (Human liberty in a text of the Roman jurist Florentinus). His academic career commenced in 1969 at the Free University, Amsterdam. In 1980 he was appointed as professor at the Free University in Roman Law and Legal History. In 1998 he became the director of the Paul Scholten Institute at the University of Amsterdam. Some of his other academic appointments include the following:• Chairperson: International Study Group on the Comparative Legal History of the Law of Restitution;• Chairperson: International Study Group on the Comparative Legal History of the Law of Torts;• Visiting Professor: University of Cape Town;• Visiting Fellow: Magdalen College, Oxford University as well as visiting professor at Oxford;• Visiting Professor: University of the North (now Limpopo) in Polokwane; and• Visiting Fellow: Trinity College, Cambridge University as well as visiting professor, Cambridge. Prof Schrage has published extensively in International journals in Dutch, English, German French, and Italian. He has edited, written and contributed to more than 30 books, and written more than 100 articles. He has been the supervisor of numerous doctoral students, including Prof Marita Carnelley of the University of KwaZulu-Natal and erstwhile member of the Faculty of Law, Nelson Mandela Metropolitan University and Prof André Mukheibir, Head of Department, Private Law of the Nelson Mandela Metropolitan University. He was also the promoter of the honorary doctorate awarded by the University of Amsterdam to the former chief justice of South Africa, Arthur Chaskalson in 2002. Prof Schrage has also acted as judge in the Amsterdam court since 1981. Prof Schrage is married to Anneke Buitenbos-Schrage and the couple have four children and one grandchild.

Introduction

2017 ◽  
Author(s):  
Jonathan Goldman
Keyword(s):  
Public Space ◽  
Legal History ◽  
Legal Issues ◽  
Finnegans Wake ◽  
Marital Infidelity ◽  
Legal Regimes ◽  
The Law ◽  
Insight Into

The introduction offers an overview of legal issues pertaining to James Joyce's life and work. It reviews the previous criticism on this topic and summarizes/previews the contents of the volume. These synopses become the basis of Goldman's argument that research in legal history offers new insight into the implications of narrative developments in Joyce's Dubliners, A Portrait of the Artist as a Young Man, Ulysses, and Finnegans Wake. These writings include scenes inflected by laws governing, for example, alcohol, public space, marital infidelity, and tenancy. Joyce's work can be seen as critiquing these and other legal regimes. Goldman argues that reading Joyce alongside the law supports and enriches current strategies in Joyce and modernist scholarship.

“In Defense of Our Livelihoods”: Rethinking Authoritarian Legality and Worker Resistance during Argentina’s Proceso de Reorganización Nacional

2019 ◽  
Vol 16 (4) ◽  
pp. 67-88
Author(s):  
Edward Brudney
Keyword(s):  
Armed Forces ◽  
State Of Exception ◽  
Economic Policies ◽  
Normal Functioning ◽  
Labor Legislation ◽  
History Of ◽  
The Law ◽  
Argentine History ◽  
Worker Resistance ◽  
Insight Into

This article examines a series of worker strikes that culminated in the takeover of the Deutz Argentina tractor factory in October 1980. These mobilizations occurred under the most violent military regime in modern Argentine history—the Proceso de Reorganización Nacional (Process of National Reorganization, 1976–83)—yet they did not provoke legal or extralegal repression. Instead, over a week of highly visible conflicts, the Deutz workforce challenged the company’s decision to close the plant and publicly attacked the dictatorship’s economic policies and failure to defend Argentina’s national interest. This episode has been largely ignored within the history of labor relations during the Proceso. In this article, I advance two related arguments. First, I suggest that while several factors contributed to the lack of violence, the workers’ discourse demands serious analysis and shows important continuities with historical Peronist ideologies. Rather than passive victims or heroic revolutionaries, I demonstrate that Deutz workers pursued a pragmatic and occasionally aggressive strategy centered around ideas of patriotism, family, and religion—all ideas that the Armed Forces rhetorically celebrated. Second, I argue that this case challenges accepted notions related to the “state of exception” that nominally suspended the normal functioning of the law. Instead, I show, the law and legal precedent remained critically important to workers, trade unionists, management, and state actors as they navigated this situation. Labor legislation played a key role in the development, understanding, and resolution of the confrontation. This reading takes seriously the Proceso as a government and offers new insight into authoritarian legality.

scholarly journals Three pinnacles in the course of development of faculty therapy clinic of the Emperor Moscow University

2017 ◽  
Vol 95 (10) ◽  
pp. 949-955
Author(s):  
V. I. Borodulin ◽  
K. A. Pashkov ◽  
Mikhail V. Poddubny ◽  
A. V. Topolyansky ◽  
P. V. Shadrin
Keyword(s):  
Internal Medicine ◽  
Additional Data ◽  
Archival Data ◽  
History Of ◽  
State Archives ◽  
Xix Century ◽  
Further Development ◽  
Therapeutic School ◽  
Insight Into ◽  
Therapy Clinic

The article highlights the history of the faculty therapy clinic of the Emperor Moscow University, i.e. of pre-Soviet MGU. The clinic’s activities are traced at their different stages when they were guided by profs. A.I. Over, G.A. Zakhar’in, P.M. Popov, V.D. Shervinsky, L.E. Golubinin, and N.F. Golubov. Analysis of numerous literature and archival data (including state archives and Shervinsky’s personal archive) provided a deeper insight into the post-Zakhar’in activities, allowed to correct erroneous information contained in some literature publications, and collect additional data for biographies of the leading professors of the clinic with special reference to the contribution made by the Shervinsky-Golubinin scientific and clinical school.Three pinnacles in the course of development of the clinic were distinguished dated to the mid-XIX century (under prof. A.I. Overt), the 1860s-1870s (under the then young reformer G.A.Zakhar’in), and the first decade of the XX century (under profs. V.D. Shervinsky and L.E. Golubinin who created a scientific therapeutic school that greatly promoted the further development of internal medicine in this country).

scholarly journals A BRIEF HISTORY OF SMALL AND MEDIUM ENTREPRENEURSHIP IN KAZAKHSTAN IN 2010-2020

2020 ◽  
Vol 66 (3) ◽  
Author(s):  
А.Т. Mami ◽  
◽  
Z.O. Dukenbayeva ◽  
Keyword(s):  
Entrepreneurial Activity ◽  
Archival Data ◽  
Social Conventions ◽  
History Of ◽  
The Law ◽  
Market Relations ◽  
Small And Medium Business

The article analyzes the course of entrepreneurial activity in Kazakhstan in 2010-2020 based on statistics, archival data and some information that never been used in scientific circles, identifies trends in the development of entrepreneurship. In discussing the brief history of small and medium business in 2010-2020, it seen that the desire of individuals to make a profit has played a key role in the development of market relations. Entrepreneurs often find themselves on the path of development, acting against processes, technologies, social conventions, and even the law

Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

Historical Research in Law

2005 ◽  
Author(s):  
David Ibbetson
Keyword(s):  
Legal History ◽  
Social Economic ◽  
Historical Research ◽  
Legal Institutions ◽  
Legal Process ◽  
Legal Rules ◽  
Rules And Principles ◽  
History Of ◽  
The Law

Legal history is by no means a unitary discipline. A convenient and conventional division can be made between ‘internal’ and ‘external’ legal history. The former is the history of lawyers' law, of legal rules and principles. Its sources are predominantly those that are thrown up by the legal process: principally statutes and decided cases, supplemented where possible with lawyers' literature expounding the rules and occasionally reflecting on them. The latter is the history of the law in practice, of legal institutions at work in society rather than legal rules existing in a social, economic, and political vacuum. This article discusses the historical foundations of legal historiography, the professionalization of legal history, internal legal history, and external legal histories.

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