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Textual and contextual legal history

Sandberg, Russell ORCID: and Doe, Norman ORCID: 2016. Textual and contextual legal history. Doe, Norman and Sandberg, Russell, eds. Law and History, Vol. 1. Critical Concepts in Law, Abingdon and New York: Routledge, pp. 1-27.

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Paradoxically, Legal History is both everywhere and nowhere. The study of History is unavoidable in a common law system based on precedent. Doctrinal legal study is always a historical study; every review of the case law is an exercise in historical analysis looking at how the law has changed over time. It is rare that a legal development is genuinely new and even where it is, a historical perspective will show how it became considered necessary for that gap in the law to be filled. Yet, despite this, Legal History is increasingly absent from the Law School curriculum. This chapter explores why this is to be regretted and explores how divisions within Legal History are to blame. It proposes a new way of understanding the subject as including at least the study of Textual and Contextual Legal History before contending that the study of Law and History must be an interdisciplinary endeavour.

Item Type: Book Section
Date Type: Publication
Status: Published
Schools: Cardiff Law & Politics
Subjects: K Law > K Law (General)
Additional Information: Copyright Year 2017
Publisher: Routledge
ISBN: 9781138961685
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Last Modified: 02 Nov 2022 09:52

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