Comparative Legal History
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Comparative Legal History

Edited by Olivier Moréteau, Aniceto Masferrer and Kjell A. Modéer

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
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Chapter 4: Comparative legal history: methodology for morphology

Matthew Dyson

Abstract

Whatever the direction of the research on comparative legal history is, it can be made easier by a handful of methodological steps drawn from both comparative law and legal history. This chapter discusses the boundaries, terminology and purpose of methodology and a collection of five methodological steps that can assist in doing comparative legal history, drawing on examples from a range of legal systems in the last 200 years.

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