Legal History as Political Thought

Hoyos, Roman J.

doi:10.1093/ajlh/njv013

Cited by 2 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…International legal history has the potential to break down the boundaries between international law and history. It does not aim to explain "history for the sake of history" or international law for the sake of international law; rather, it aims to "understand[ ] law as history [and] history as law" 42 .…”

Section: Law As History and History As Law? Integrating The Craft Of ...mentioning

confidence: 99%

Beyond the Surface and Across the Border: The Craft of the Historian and International Law

Marinaro

2022

ALF

View full text Add to dashboard Cite

The aim of this article is to analyse the essential methodological function of history in expanding the horizons of the study and practice of international law. Furthermore, showing that to reach a deeper understanding of international law it is not only necessary to use history in general, and the history of international law in particular, but also what Marc Bloch called the craft of the historian. The analysis will be conducted on two parallel levels. The first one focused on the work of historians and aimed at understanding methodologies of historical inquiry and techniques of writing and argumentation. This will be done by "dissecting" pieces of particularly relevant scholarly work by authors such as Eric Williams, John Gallagher and Ronald Robinson. The second one, instead, will analyse the transposition of those techniques and methodologies across the disciplinary border, into international law, and consider the (beneficial) effects of such transposition by looking at concrete models of how the craft of the historian can be successfully integrated in both international legal scholarship (José-Manuel Barreto) and international judicial-legal reasoning (Christopher Weeramantry).

show abstract

Section: Law As History and History As Law? Integrating The Craft Of ...mentioning

confidence: 99%

Beyond the Surface and Across the Border: The Craft of the Historian and International Law

Marinaro

2022

ALF

View full text Add to dashboard Cite

show abstract

“…31 Inevitably, 'our own personal experiences or the questions raised by our current historical moment' will inform 'the questions that we raise about the past.' 32 If a subjective perspective is unavoidable, awareness of the authorial role in all narratives becomes crucial. Some transparency is needed upfront about the expertise of the author, the selected perspective, and approach, as well as the type of sources utilized.…”

Section: Perspective and Scale In The Architecture Of International Lmentioning

confidence: 99%

Perspective and Scale in the Architecture of International Legal History

Vadi

2019

European Journal of International Law

View full text Add to dashboard Cite

The history of international law has come of age. Once the domain of specialized scholars and practitioners, it has begun to attract the attention of international lawyers, legal historians, and other interested readers. This certainly constitutes a positive development: international law has a high pedagogical value, as it contributes to 'build peace in the minds of men' and women. In parallel, the histories of international law can provide a better understanding of its past, present, and future trajectories. Moreover, the recent success of certain international legal histories shows that interest in international law and its histories is not the reserve of international lawyers or legal historians only. Rather, international legal histories can attract the interest of the public at large. Recent trends such as the turn to history of international law, the parallel turn to international law of history and the resulting emergence of international legal history as a field of study have encouraged an unprecedented interest in methodological questions in international legal history. Should international legal historians focus on the specific or the general? Should their narration be accessible to the many or should it be academic and addressed to the few? This article contributes to these emerging debates by focusing on the perspective and scale of analysis and investigating whether micro-historical approaches can help international legal historians to bridge the gap between the academic realm and the public, unveil unknown or little known international legal histories, and contribute to the development of the field. This article aims to start a discussion on perspective and scale in international legal history and argues for inclusive and pluralist approaches by drawing out the advantages and potential of microhistory in relation to, and combination with, the prevalent doctrinal, institutional, and diplomatic macro-histories of international law.

show abstract

Legal History as Political Thought

Cited by 2 publications

References 0 publications

Beyond the Surface and Across the Border: The Craft of the Historian and International Law

Beyond the Surface and Across the Border: The Craft of the Historian and International Law

Perspective and Scale in the Architecture of International Legal History

Contact Info

Product

Resources

About