Discussion Forum on Module 1

Discussion Forum on Module 1

by Rayhana Mahmud -
Number of replies: 0

Legal history is the study of the history of law and legal institutions, exploring how legal ideas, doctrines, and institutions change over time and how they are shaped by social, cultural, political, and economic contexts

. To study legal history, various methods and approaches can be employed, some of which include:
  1. Internal approach: This method focuses on the history of legal principles and concepts, emphasizing the development of law from within the legal system.
  2. Comparative legal history: This approach involves comparing legal systems and institutions across different countries and cultures, providing insights into the similarities and differences between them.
  3. Lay legal history: This methodology focuses on the role of ordinary people in shaping the law, as they give voice to their own ideas of what the law is and should be.
  4. Antiquarianism and legal history: This approach involves the study of historical legal documents and materials, such as law reports, manuscript case notes, and judicial records.
  5. Editing law reports: Legal historians often work with editing law reports, which can provide valuable insights into the development of legal principles and the workings of legal institutions.
  6. Judging judges: The methodology of judging judges involves examining the role of judges in shaping the law and how their decisions have influenced the development of legal principles.
  7. Historical research in law: This approach involves the use of historical methods and techniques to study the development of law and legal institutions, such as the history of lawyers' law, legal rules and principles, and the legal process.
  8. Interdisciplinary investigation: Legal history can be studied in conjunction with other disciplines, such as history, political science, and sociology, to provide a broader understanding of the role of law in society.
By employing these methods and approaches, legal historians can gain a deeper understanding of the development of law and legal institutions over time, as well as the relationship between law and society