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Journal articles on the topic 'Comparative law – History'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Gross, Ariela J. "Race, Law, and Comparative History." Law and History Review 29, no. 2 (May 2011): 549–65. http://dx.doi.org/10.1017/s0738248011000083.

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What are we comparing when we compare law and race across cultures? This was once an easier question to answer. If we take “races” to be real categories existing in the world, then we can compare “race relations” and “racial classifications” in different legal systems, and measure the impact of different legal systems on the salience of racial distinction and the level of racial hierarchy in a given society. That was the approach of the leading comparativist scholars at mid-century. Frank Tannenbaum and Carl Degler compared race relations in the United States and Latin America, drawing heavily on legal sources regarding racial definition, manumission of slaves, and marriage. They were studying relations between “white people” and “Negroes,” as well as the possibility of an intermediate class of “mulattoes.” But once we understand race itself to be produced by relations of domination, through several powerful discourses of which law is one, we are up against a more formidable challenge. We must compare the interaction of two things—legal processes and ideologies of race—in systems in which neither is likely to have a stable or equivalent meaning. Because “law” is likewise no longer as clear-cut a category as it once was; in addition to the formal law of statute books and common law appellate opinions, we now understand “law” to encompass a broad set of institutions, discourses, and processes produced by a larger cast of characters than solely jurists, legislators, and appellate judges.

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2

Foster, Nicholas H. D. "The Journal of Comparative Law." Rechtsgeschichte - Legal History 2005, no. 07 (2005): 230–31. http://dx.doi.org/10.12946/rg07/230-231.

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3

Yazici Caglar, Zeynep. "Comparative Legal History – But How?" Rechtsgeschichte - Legal History 2019, no. 27 (2019): 241–43. http://dx.doi.org/10.12946/rg27/241-243.

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4

Duve, Thomas. "Legal traditions: A dialogue between comparative law and comparative legal history." Comparative Legal History 6, no. 1 (January 2, 2018): 15–33. http://dx.doi.org/10.1080/2049677x.2018.1469271.

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5

Rausch, Franklin. "Law and Custom in Korea: Comparative Legal History." Sungkyun Journal of East Asian Studies 14, no. 2 (October 2014): 286–90. http://dx.doi.org/10.21866/esjeas.2014.14.2.009.

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6

Hellwege, Phillip. "A Comparative History of Insurance Law in Europe." American Journal of Legal History 56, no. 1 (March 2016): 66–75. http://dx.doi.org/10.1093/ajlh/njv010.

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7

Zimmermann, Reinhard. "Gábor Hamza, Comparative Law and Antiquity." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 111, no. 1 (August 1, 1994): 533–36. http://dx.doi.org/10.7767/zrgra.1994.111.1.533.

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8

Ibbetson, David. "The Challenges of Comparative Legal History." Comparative Legal History 1, no. 1 (May 15, 2013): 1–11. http://dx.doi.org/10.5235/2049677x.1.1.1.

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9

Remak, Henry H. H. "Literary history and comparative literary history." Neohelicon 20, no. 2 (September 1993): 95–118. http://dx.doi.org/10.1007/bf02538806.

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10

MacQueen, Hector L. "Legal Nationalism: Lord Cooper, Legal History and Comparative Law." Edinburgh Law Review 9, no. 3 (September 2005): 395–406. http://dx.doi.org/10.3366/elr.2005.9.3.395.

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11

Reimann, Mathias, and Alain Levasseur. "Comparative Law and Legal History in the United States." American Journal of Comparative Law 46, suppl_1 (1998): 1–15. http://dx.doi.org/10.1093/ajcl/46.suppl1.1.

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12

Halpérin, Jean-Louis. "Spatializing Law in a Comparative Perspective of Legal History." Extrême-Orient, Extrême-Occident, no. 40 (November 21, 2016): 207–18. http://dx.doi.org/10.4000/extremeorient.644.

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13

Dubber, Markus D. "The Comparative History and Theory of Corporate Criminal Liability." New Criminal Law Review 16, no. 2 (2013): 203–40. http://dx.doi.org/10.1525/nclr.2013.16.2.203.

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An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany after 1800.

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14

Atrey, Shreya. "Intersectionality and Comparative Antidiscrimination Law." Brill Research Perspectives in Comparative Discrimination Law 4, no. 1 (June 24, 2020): 1–86. http://dx.doi.org/10.1163/24522031-12340008.

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Abstract This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses intersectionality from the lens of comparative antidiscrimination law. The term ‘intersectionality’ was coined by Kimberlé Williams Crenshaw in 1989. As a field, intersectionality has a longer history, of nearly two hundred years. Meanwhile, comparative antidiscrimination law as a field may be just over a few decades old. Thus, intersectionality’s tryst with antidiscrimination law is a fairly recent one. Developed as a critique of antidiscrimination law, intersectionality has had a significant influence on it. Yet, intersectionality’s logic does not seem to have infiltrated the logic of antidiscrimination law completely. Comparative antidiscrimination law continues to develop with intersectionality in sight, but rarely, in step. On the occasion of the 30th anniversary of Crenshaw’s seminal article that coined the term in the context of antidiscrimination law, Shreya Atrey explores this irony. Her article provides a meta-narrative of the development of the two fields with the purpose of showing what appear to be orthogonal trajectories.

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15

Agmon, Danna. "Law in Theory, Law in Practice." Historical Reflections/Réflexions Historiques 45, no. 1 (March 1, 2019): 28–49. http://dx.doi.org/10.3167/hrrh.2019.450103.

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Letters written by early modern missionaries played an important role in the development of global intellectual networks and inquiry into religion, language, cartography, and science. But the historical ethnography of law has not recognized the role that Jesuits played in creating the field of comparative law. This article examines the writings on law in India by the French Jesuit Jean-Venant Bouchet, who was an important source for Enlightenment philosophes and later Orientalists. It considers Bouchet’s systemic accounts of Indian law alongside his more ethnographic description of his legal encounters in South India, and argues that the practice of conversion and experiences in local legal fora determined and shaped Bouchet’s interpretation of Indian law. In other words, legal scholarship was produced in spiritual, religious, and political contexts, and cannot be abstracted from them.

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16

Burns, Peter. "Comparative law: the Dutch school." Asian Studies Association of Australia. Review 11, no. 1 (July 1987): 100–106. http://dx.doi.org/10.1080/03147538708712487.

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17

Carlson, Laura. "Comparative Discrimination Law: Historical and Theoretical Frameworks." Brill Research Perspectives in Comparative Discrimination Law 1, no. 1 (November 17, 2017): 1–136. http://dx.doi.org/10.1163/24522031-12340001.

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AbstractHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The national frameworks examined are the United States, the United Kingdom and Sweden, focusing on the historical developments in each of the countries with respect to discrimination legislation. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. These include access to justice, comparative law method, feminist legal theory, critical race theory, post-colonial theory, queer theory and intersectionality.

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18

Melchert, Christopher, and Haim Gerber. "State, Society, and Law in Islam: Ottoman Law in Comparative Perspective." American Historical Review 101, no. 4 (October 1996): 1256. http://dx.doi.org/10.2307/2169762.

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19

Pihlajamäki, Heikki. "Merging Comparative Law and Legal History: Towards an Integrated Discipline." American Journal of Comparative Law 66, no. 4 (December 2018): 733–50. http://dx.doi.org/10.1093/ajcl/avy045.

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20

Roebuck, Derek. "The Past is Another Country: Legal History as Comparative Law." Asia Pacific Law Review 3, sup1 (December 1994): 9–23. http://dx.doi.org/10.1080/18758444.1994.11788001.

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21

Aulia, Farihan, and Sholahuddin Al-Fatih. "PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR." Jurnal Ilmiah Hukum LEGALITY 25, no. 1 (July 14, 2018): 98. http://dx.doi.org/10.22219/jihl.v25i1.5993.

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The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

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22

Vassileva, Radosveta. "Shattering Myths: The Curious History of the Bulgarian Law of Obligations." Studia Iuridica 82 (March 2, 2020): 309–27. http://dx.doi.org/10.5604/01.3001.0013.9793.

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While Bulgarian scholars concur that Bulgaria’s Law of Obligations and Contracts, which was enacted in 1950 and which is still in force today following cosmetic changes in the early 1990s, is an original Bulgarian legal text, archival and comparative research shows that it is heavily based on the Italian Codice Civile of 1942. Why would a communist country seek inspiration in a country with a Fascist ideology? Exploring the reasons behind this legislative choice as well as the reasons why this ‘dark’ secret was buried for so long challenges traditional taxonomies of comparative law, reveals the peculiar patterns of legal change, including the key role of the legal scholar in the process, and demonstrates the power of comparative law in shattering myths in legal history.

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23

Wertheimer, John W. "Introduction." Law and History Review 29, no. 2 (May 2011): 465–69. http://dx.doi.org/10.1017/s0738248011000046.

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In recent years, the conspicuous advance of globalization has inspired many historians to rethink the past in cross-national and comparative terms. Frustration with the limits of traditional, national approaches to history has spawned interesting comparative work in such fields as women's history, labor history, economic history, and imperial history. Although legal history tends to be somewhat parochial by tradition, it, too, has taken a cross-national and comparative turn.

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24

Antonov, Mikhail. "History of Russian Law and Its Interpretations." Review of Central and East European Law 45, no. 1 (March 13, 2020): 161–80. http://dx.doi.org/10.1163/15730352-04501006.

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This essay examines methodological nuances connected with historical research of Russian law. These nuances are studied against the backdrop of two books published respectively by Professor Ferdinand Feldbrugge and Professor William Pomeranz on Russian legal history. The methods employed by these authors reveal specific features of Russian legal language and mentality which can be helpful in explaining the dissimilarities between legal and political developments in Russia and the West. They place particular emphasis on the development of legal language and productively analyze many current issues of Russian law through the lens of history of concepts. These books are evaluated as important contributions to comparative analysis of Russian and Western legal cultures. The key events of Russian legal history are considered in a perspective that sheds light on the current challenges faced by Russian law.

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25

Fekete, Balázs. "The Revival of Comparative Law in a Socialist Country: The Impact of Imre Szabó and Gyula Eörsi on the Development of Hungarian Comparative Law." Review of Central and East European Law 38, no. 1 (2013): 37–52. http://dx.doi.org/10.1163/092598812x13274154887268.

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This article discusses the revival of comparative law in Hungarian Socialist jurisprudence. Prior to World War II, the development of comparative law generally had followed international trends; however, it was disrupted at both a personal and an institutional level at the end of the 1940s due to the Marxist-Leninist turn of legal thinking that accompanied the introduction of a Communist regime in the country. Nonetheless, this rejection of comparative law was gradually replaced by a more open attitude that strongly supported participation in the international comparative-law movement from the 1960s. Imre Szabó and Gyula Eörsi played a prominent role in this transformation. They legitimized the use of comparative methods in Socialist jurisprudence and, also, created a plausible conceptual framework for Socialist comparative law.

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26

Saltman, Michael. "Feudal Relationships and the Law: A Comparative Enquiry." Comparative Studies in Society and History 29, no. 3 (July 1987): 514–32. http://dx.doi.org/10.1017/s0010417500014705.

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This essay is no more than a preliminary endeavor to examine analogies between principles of land tenure in the recent history of an East African society and what appear to be strikingly similar principles that obtained in the twelfth and thirteenth centuries in England. If these analogies are demonstrable with a reasonable degree of plausibility, a useful framework of reference may be established within which some broader theoretical issues can be discussed. One such issue is that, given a degree of structural similarity between two or more social systems, there might be a corresponding equivalence in the logic of legal thought in response to a common object of litigation—in this particular case, the subject of land tenure.

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27

Macfarlane, Alan. "Law and custom in Japan: some comparative reflections." Continuity and Change 10, no. 3 (December 1995): 369–90. http://dx.doi.org/10.1017/s026841600000285x.

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En comparaison avec d'autres nations industrielles, le Japon présente des taux de criminalité et de procédures civiles extraordinairement bas. Ce que Ton trouve à l'origine de cette situation peu commune, c'est le sens des responsabilités de groupe ou individuelle, la pesanteur du conformisme et le rôle que jouent conciliation et médiation. En examinant les cinq phases du développement juridique du Japon – les phases chinoise, féodale, ‘féodale centralisée’, celle du droit romain et celle du droit anglo-américain – on peut mieux comprendre certaines contradictions. II en ressort en effet, pour le règlement des conflits, une curieuse interaction entre d'une part un cadre juridique ‘moderne’ et d'autre part une attitude ‘traditionnelle’; aussi voit-on se dégager un intéressant parallèle entre les lois coutumières japonaises et anglaises de la période médiévale.

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28

Fernández, Juan Pablo Murga. "Creditor Protection in Succession Law: a Comparative Analysis." Edinburgh Law Review 25, no. 3 (September 2021): 269–90. http://dx.doi.org/10.3366/elr.2021.0712.

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The transfer of the deceased's debts is a common consequence that arises from the phenomenon of succession in both civil and common law legal systems. In this respect, a number of conflicting interests are at stake: namely, the interest of the beneficiaries that need to be balanced against the interests of the different groups of creditors (the ones of the estate and those of the beneficiaries). Common law legal systems are generally considered as the most creditor friendly, for beneficiaries only receive the residue once the estate is fully wound up. By contrast, civil law legal systems are characterised by the dogma of fusion of patrimonies, where the estate is fused with the beneficiary's patrimony. Taking these aspects into account, the article analyses how creditors’ interests are protected in the most representative European succession laws, with a view to identifying the merits and shortcomings of each of these models.

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Khabrieva, Talia, and Zalina Khamchieva. "The Venice Commission: the 30 Years of History." Contemporary Europe 103, no. 3 (June 30, 2021): 5–16. http://dx.doi.org/10.15211/soveurope320210516.

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The article is dedicated to the results of thirty years activity of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), which is a recognized expert center in the field of constitutional law. Russia has been participating in its work since 2002. The purpose of the article is to show the evolution of the VC expert opinions’ problematics from the general problems of constitutional reforms to the specification of individual institutions, the assessment of electoral systems, the effectiveness of justice, guarantees of civil and political rights of citizens. This comparative analysis contributes to a better understanding of the Commission's current activities. The main stages of the Commissions’ formation are considered. The authors explore the expansion of the geographical sphere of Venice Commission’s influence and the strengthening of its role in the political-legal and scientific-legal fields. The conducted research makes it possible to fill an obvious gap in the domestic science of comparative and constitutional law, since there are only a few special works dedicated to the Venice Commission. The article sets out tasks that can contribute to the shaping of new directions for the development of legal science, taking into account the experience of the Commission and its contribution to the improvement of democratic institutions. The work is intended for scientists specializing in comparative and constitutional law, teachers and students studying the law of the Council of Europe. An optional seminar on the legal positions of the Venice Commission was organized at the Master's program of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

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30

А., Shevchenko, and Kudin S. "Main directions of improving the methodology of comparative history of law in the context of comparative legal science." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 74–78. http://dx.doi.org/10.33663/2524-017x-2020-11-13.

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The article examines the main directions of improving the methodology of comparative history of law in the context of comparative legal science. It is proved that the comparative historical approach includes a basic comparative historical method, and taking about the principles of interdisciplinary, it can integrate the methodological capabilities of those tools that are used in other areas of scientific knowledge. It is found that the comparative historical method integrates the existing ways, methods and techniques of comparative knowledge of all forms of reflection of historical and legal reality. It is revealed that the use of a comparative historical approach and method in the area of comparative history of law allows us to learn the general, special and unique in the historical and legal development of diverse manifestations and forms of reflection of historical and legal reality in relation to various "non-legal" phenomena. It is proved that such knowledge is based on the integration of subject knowledge and the plurality of their understanding. It is found that the comparative-historical approach can attract the possibilities of methodological approaches used in the Humanities and social Sciences and adapted to the knowledge of legal reality (anthropological, humanistic, civilization). In the comparative history of law area, they «aim» at the scientific study of historical and legal reality, and the comparative-historical approach integrates the acquired knowledge for the purpose of comparative research of the historical and legal development of its manifestations and forms of reflection. It is established that the comparative-historical approach not only integrates this knowledge, but also "processes" it in the comparative perspective of knowledge. It is proved that it becomes possible to receive and accumulate substantive knowledge about the historical dynamics of human and civil rights and freedoms, the legal status of various sectors of the population in any spatial geographical scope with the variety of their forms reflect, subject to the identification of common and different", "equal and opposite"; it becomes possible to clarify the common and different», «equal and opposite to the historical development of "human right" in different societies. It is proved that the comparative historical approach based on the recognition of the equivalence of the "legal values" of all civilizations and the fact that any civilization can not be considered as an ideal model, searches for and integrates the common and different", "identical and opposite", "common and different", "confrontational-dangerous", "sensational, explosive", that caused in history the non-perception and rejection of the "legal values" of other civilizations. Key words: legal science, comparative history of law, methodology, comparative historical approach, historical-legal reality.

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31

Fleischer, Holger. "Comparative Approaches to the Use of Legislative History in Statutory Interpretation." American Journal of Comparative Law 60, no. 2 (January 1, 2012): 401–37. http://dx.doi.org/10.5131/ajcl.2011.0008.

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32

Лафитский, Владимир, and Vladimir Lafitskiy. "SCIENCE TRADITIONS OF COMPARATIVE STUDIES IN THE HISTORY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16117.

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The article is devoted to the sources and development of comparativistic researches of the Institute of Legislation and Comparative Law, which had been initiated in 1930 —1940 in the works of M. N. Gernet, G. S. Gurvitch, A. I. Denisov, I. B. Novitsky, E. A. Fleishiz and which starting from the middle of the XX century have been brilliantly continued in the works of А. А. Tille, A. V. Tumanov, Y. A. Tikhomirov, other comparativists of the Institute. The article reveals the continuity of the comparativistic ideas of the scholars of the Institute of different generations, highlights the doctrinal approaches to elaborating the new and deepening traditional trends of comparative law researches.

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Zakharchenko, P. "History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification." Herald of criminal justice, no. 4 (2019): 138–46. http://dx.doi.org/10.17721/2413-5372.2019.4/138-146.

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The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.

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Kocsis, Imola, and Marcin Olechowski. "Suretyship in German and Polish Law: A Comparative Analysis." Review of Central and East European Law 31, no. 3 (2006): 331–59. http://dx.doi.org/10.1163/157303506x129422.

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AbstractThis paper analyzes the institution of suretyship in the German and Polish legal systems. It highlights both differences and similarities of the main characteristics, such as conditions to validity, scope of liability, defences available to the surety and the recourse by the surety in case of payment. The analysis is based not only on the relevant legal provisions, jurisprudence and doctrine, but also on their application in the business practice of the two countries.The comparative overview of the suretyship permits the conclusion that both legal systems regulate the principal features of this institution rather similarly. However, there are also a number of significant differences. Notably, German jurisprudence and doctrine appear to adopt a more flexible approach to this institution than the prevailing position in Polish law. On the other hand, the liability of the surety is more rigorously shaped under Polish law. Whereas German law and practice seem in many respects to be more protective of the surety than Polish law and jurisprudence, the latter provides the surety with far less possibilities to be released from the assumed liability.

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35

Husa, Jaakko. "Seeking a disciplinary identity – the case of comparative legal history." Comparative Legal History 8, no. 2 (July 2, 2020): 173–93. http://dx.doi.org/10.1080/2049677x.2020.1830491.

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Rauch, R. "International Max Planck Research School for comparative european legal history." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 120, no. 1 (August 1, 2003): 983. http://dx.doi.org/10.1515/zrgga.2003.120.1.983.

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37

Fogelson, Yury, and Dmitry Poldnikov. "The Social History of Law as a Factor of the Rule of Law." osteuropa recht 67, no. 2 (2021): 172–201. http://dx.doi.org/10.5771/0030-6444-2021-2-172.

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The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12

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Weber, Jack K. "The king's peace: A comparative study." Journal of Legal History 10, no. 2 (September 1989): 135–60. http://dx.doi.org/10.1080/01440368908530960.

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Кресин, Алексей, and Aleksey Kresin. "International congresses of comparative law as a form of research activities: towards the 90th anniversary of the International academy of comparative law." Comparative Research In Law and Politics 2, no. 1 (June 15, 2014): 1–14. http://dx.doi.org/10.12737/5042.

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The article is devoted to the reconstruction of the history of international congress of comparative law, the principles and mechanisms for their organization, the evolution of their program, as well as intermediate congresses and other forms of the International Academy of Comparative Law activities. The dynamics and geography of the publication of works of Congress are analyzed. The author concludes that IACL congresses are the form of exercise big-scale international research projects, reconstructs their stages and principles, compares them with projects within other international organizations.

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Chen, Lei. "Marie Seong-Hak Kim, Law and Custom in Korea: Comparative Legal History." Comparative Legal History 1, no. 2 (December 15, 2013): 277–81. http://dx.doi.org/10.5235/2049677x.1.2.277.

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McNamara, Dennis L. "Marie Seong-Hak Kim. Law and Custom in Korea: Comparative Legal History." American Historical Review 120, no. 3 (June 2015): 998–99. http://dx.doi.org/10.1093/ahr/120.3.998.

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Valdés, Mario. "Relational literary theory and comparative literary history." Neohelicon 13, no. 2 (September 1986): 45–60. http://dx.doi.org/10.1007/bf02028899.

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Dev, Amiya. "Literary history, literary theory and comparative literature." Neohelicon 20, no. 2 (September 1993): 23–29. http://dx.doi.org/10.1007/bf02538799.

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Kushner, Eva. "Comparative literary history as dialogue among nations." Neohelicon 20, no. 2 (September 1993): 37–50. http://dx.doi.org/10.1007/bf02538802.

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Dyson, Matthew. "Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850." Cambridge Yearbook of European Legal Studies 11 (2009): 247–88. http://dx.doi.org/10.1017/s1528887000001609.

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Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

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Masferrer, Aniceto. "Enhancing comparative legal history: the ESCLH’s contribution on its 10th anniversary." Comparative Legal History 7, no. 1 (January 2, 2019): 67–92. http://dx.doi.org/10.1080/2049677x.2019.1614136.

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Лазарева, Наталья, and Natalya Lazareva. "HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16140.

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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.

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Husa, Jaakko. "Comparative and Economic Approaches to Law: A Tale of Wilful Misunderstanding?" Comparative Legal History 1, no. 1 (May 15, 2013): 105–24. http://dx.doi.org/10.5235/2049677x.1.1.105.

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Schermaier, Martin Josef. "Critical Studies in Ancient Law, Comparative Law and Legal History, ed. by John W. Cairns/Olivia F. Robinson." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 122, no. 1 (August 1, 2005): 392–400. http://dx.doi.org/10.7767/zrgra.2005.122.1.392.

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S.V., Kudin. "STUDIES IN THE COMPARATIVE HISTORY OF LAW IN THE WORKS OF F.V. TARANOVSKY." Juridical scientific and electronic journal 6 (2019): 33–36. http://dx.doi.org/10.32782/2524-0374/2019-6/5.

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