This collection of original essays brings together leading legal
historians and theorists to explore the oft-neglected but important
relationship between these two disciplines. Legal historians have
often been sceptical of theory. The methodology which informs their
own work is often said to be an empirical one, of gathering
information from the archives and presenting it in a narrative
form. The narrative produced by history is often said to be
provisional, insofar as further research in the archives might
falsify present understandings and demand revisions. On the other
side, legal theorists are often dismissive of historical works.
History itself seems to many theorists not to offer any
jurisprudential insights of use for their projects: at best,
history is a repository of data and examples, which may be drawn on
by the theorist for her own purposes. The aim of this collection is
to invite participants from both sides to ask what lessons legal
history can bring to legal theory, and what legal theory can bring
to history. What is the theorist to do with the empirical data
generated by archival research? What theories should drive the
historical enterprise, and what wider lessons can be learned from
it? This collection brings together a number of major theorists and
legal historians to debate these ideas.
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