Law and method of legal studying legal history are two interrelated topics that deal with the understanding and analysis of the past development of law and its relationship with society. Law is not a static or fixed phenomenon, but rather a dynamic and evolving one that reflects and influences the values, norms, and interests of different groups and actors. Legal history is the discipline that studies how law changes over time, what factors and forces shape its evolution, and what consequences and implications it has for the present and the future.
There are different approaches and methodologies for doing legal history research, depending on the sources, perspectives, and objectives of the inquiry. Some of the common methods are:
- Archival research: This involves examining primary sources, such as legal documents, records, cases, statutes, treaties, etc., that are preserved in archives, libraries, museums, or other repositories. Archival research requires verifying the authenticity, reliability, and relevance of the sources, as well as interpreting and contextualizing them in relation to the historical events and circumstances that produced them.
- Comparative research: This involves comparing and contrasting different legal systems, traditions, or institutions across time and space, to identify similarities, differences, patterns, influences, or interactions. Comparative research can help to reveal the diversity, complexity, and contingency of legal phenomena, as well as to test hypotheses, generate theories, or evaluate outcomes.
- Cultural research: This involves exploring the cultural dimensions of law, such as the ideas, values, beliefs, symbols, narratives, discourses, or practices that shape and are shaped by law. Cultural research can help to understand how law expresses, constructs, or challenges the identity, meaning, or power of different groups and actors, as well as how law interacts with other cultural forms, such as religion, art, literature, or media.
Legal history research can have various implications and applications, such as:
- Enhancing the knowledge and understanding of the legal system, its origins, development, and current state, as well as its strengths, weaknesses, and challenges.
- Providing a critical and reflective perspective on the law, its assumptions, principles, and values, as well as its effects, consequences, and implications for society and individuals.
- Contributing to the development and improvement of the law, its interpretation, application, and reform, as well as its adaptation and innovation to meet the changing needs and demands of society.
- Informing and influencing the resolution of legal disputes, especially those involving historical disagreements, by providing evidence, arguments, or precedents that support or challenge the claims or positions of the parties involve