What is global legal history?

被引:27
|
作者
Duve, Thomas [1 ,2 ]
机构
[1] Max Planck Inst European Legal Hist, Frankfurt, Germany
[2] Goethe Univ, Comparat Legal Hist, Frankfurt, Germany
关键词
global history; legal history; history of empire; global law; legal pluralism; globalisation; COMPARATIVE-LAW; CIVIL-LAW; RETHINKING; CODIFICATION; NORMATIVITY; DISCOURSE; KNOWLEDGE; DIALOGUE; EMPIRE;
D O I
10.1080/2049677X.2020.1830488
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Legal history, as developed in nineteenth-century continental Europe, has a national tradition, but also a transnational past. During the last two decades, however, a new field of global legal history has emerged, not least as a response to Eurocentrism, methodological nationalism and the current reality of transnational and global law. In this article, I map some historiographic traditions of transnational legal history and the emerging field of global legal history, pointing out some important methodological problems and suggesting a knowledge-historical approach. It ends with a definition of global legal history as a critical history of the production of multinormative knowledge, understood as a process of distributed knowledge production through cultural translation, comprising theory and practice, drawing on a wide range of sources, on a transnational scale, with special attention for the dialectics of glocalisation.
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页码:73 / 115
页数:43
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