Results 211 to 220 of about 319,741 (253)
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Legal History as Doctrinal History
2018Abstract This chapter investigates the idea of doctrine as a focus of historical scholarship, asking how the doctrinal mentality arose, and how historical approaches to doctrine emerged strongly in both common-law and civilian or Romanistic legal cultures. It first defines the meaning of ‘doctrine’, and sets out a guiding thesis.
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Legal History as Legal Scholarship
2018Abstract This chapter outlines an approach to legal history that regards historical analysis as one mode of critical analysis of law, along with other modes of ‘interdisciplinary’ analysis (economical, philosophical, sociological, literary, etc.) and ‘doctrinal’ analysis.
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2018
Since language is the first instrument of the law, translation in its multiple forms is central to the intricate transfers that contribute to shaping it and changing it over time, as regards both actual institutions and theoretical views. Furthermore, some legal rules (intellectual property laws, regulations on official language use or on the ...
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Since language is the first instrument of the law, translation in its multiple forms is central to the intricate transfers that contribute to shaping it and changing it over time, as regards both actual institutions and theoretical views. Furthermore, some legal rules (intellectual property laws, regulations on official language use or on the ...
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This chapter examines how legal history researchers apply a range of methods to provide insights into the mechanisms and dynamics of legal change. A distinction is commonly drawn between internal and external legal history, but it is not always easy to categorise research neatly into either category.
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Legal History and the History of Disputes
2013Crucial issues in the study of disputes are treated in new and interesting ways. This chapter concentrates on the possibilities for comparative approaches to the study of dispute. Such comparison can now be pursued further through careful selection of comparable primary sources. An alternative form of comparison is between levels of society.
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Business History and Legal History
Business History Review, 1979It may well be that the present will stand as a golden age in the historiography of American business and American law. Both fields have flourished – indeed, flowered – in recent years. Perhaps the best measure of this is the fact that the 1978 winners of the Bancroft Prize in American History were Alfred D.
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SSRN Electronic Journal, 2016
Abstract Because of transformations in the world’s legal systems, there is a need for reflection about law and legal scholarship globally. There is a growing demand for global legal history; however, there is neither a consensus as to what this history is, nor what objectives this legal historiography pursues, or even how it relates ...
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Abstract Because of transformations in the world’s legal systems, there is a need for reflection about law and legal scholarship globally. There is a growing demand for global legal history; however, there is neither a consensus as to what this history is, nor what objectives this legal historiography pursues, or even how it relates ...
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The Legal History of the Banking Union
European Business Organization Law Review, 2017This article provides a brief legal history of the Banking Union since the first steps towards a single financial market in the mid-1970s. It identifies four phases of legal and institutional evolution before the Banking Union. While reflecting the spirit of the time in the approach to market integration, each phase is defined by the equilibrium ...
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Legal History As Economic History
2018Abstract Over the past century, legal history and economic history developed as separate fields of scholarship. Their separation reflects an understanding of law and economy as distinct objects that may be pulled apart and each analysed apart from the other.
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