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Historical Comparative Law And Comparative Legal History Legal History And Comparative Law Overlap In Important Respects. This Is More Apparent With The Use Of Some Methods For Comparison, Such As Legal Transplant, Natural Law, Or Nation Building. M.n.s. Sellers Nicely Portrayed The Relationship. The Past Is A Foreign Country, Its People Strangers And Its Laws Obscure.... No One Can Really Understand Her Or His Own Legal System Without Leaving It First, And Looking Back From The Outside. The Comparative Study Of Law Makes One's Own Legal System More Comprehensible, By Revealing Its Idiosyncrasies. Legal History Is Comparative Law Without Travel. Legal Historians, Perhaps Especially In The United States, Have Been Skeptical About The Possibility Of A Fruitful Comparative Legal History, Preferring In General To Investigate The Distinctiveness Of Their National Experience. Comparatists, However, Content With Revealing Or Promoting Similarities Or Differences Between Legal Systems, By Their Nature Strive Toward Comparison. Some American Historians, Especially Since World War Ii, See The Value In This-- Provided By Publisher.
This work investigates the intersection of legal history and comparative law to determine how the study of foreign legal systems illuminates the idiosyncrasies of one's own national law. David S. Clark, a recognized scholar in the field, examines the methodological tensions between legal historians who prioritize national distinctiveness and comparatists who seek cross-border patterns. The text argues that by treating the past as a foreign country, legal scholars can gain a more objective perspective on the evolution and function of domestic legal frameworks. It synthesizes various approaches, including legal transplant theory and nation-building, to provide a comprehensive view of how legal systems interact across time and geography.
What You Will Find
Legal scholars and students of jurisprudence frequently cite this text for its clear articulation of the relationship between historical context and comparative analysis. Experts note that the book serves as a foundational resource for understanding the evolution of American legal thought within a global framework.
Page Count:
0
Publication Date:
2021-01-01
Publisher:
New York, NY : Oxford University Press,
ISBN-10:
019970855X
ISBN-13:
9780199708550
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