{"title":"‘Doing’ Legal History in Refugee Law: A Snapshot of Bangladesh’s Engagement with <i>Non-Refoulement</i>","authors":"M Sanjeeb Hossain","doi":"10.1093/jrs/fead025","DOIUrl":null,"url":null,"abstract":"Abstract This article advocates for the adoption of legal history in the study of refugee law and associated legal scholarship. It begins by illustrating the meaning and value of legal history by sifting through the texts introducing the inaugural issues of some of the world’s most reputed legal history journals. It asks what makes a good legal historian and highlights the impossibility of attaining total objectivity when producing historical work. The article then sheds light on archival research and oral history as essential tools for doing legal history but cautions against being swayed by arrogant claims that the application of such empiricist and contextualist methods produces impartial legal history. Finally, the article demonstrates the value of doing legal history in refugee law by offering a snapshot of Bangladesh’s engagement with non-refoulement in the late 1970s when mass displacements of the Rohingya people from Myanmar and Indian Muslims from India took place.","PeriodicalId":51464,"journal":{"name":"Journal of Refugee Studies","volume":"13 1","pages":"0"},"PeriodicalIF":2.2000,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Refugee Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/jrs/fead025","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"DEMOGRAPHY","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This article advocates for the adoption of legal history in the study of refugee law and associated legal scholarship. It begins by illustrating the meaning and value of legal history by sifting through the texts introducing the inaugural issues of some of the world’s most reputed legal history journals. It asks what makes a good legal historian and highlights the impossibility of attaining total objectivity when producing historical work. The article then sheds light on archival research and oral history as essential tools for doing legal history but cautions against being swayed by arrogant claims that the application of such empiricist and contextualist methods produces impartial legal history. Finally, the article demonstrates the value of doing legal history in refugee law by offering a snapshot of Bangladesh’s engagement with non-refoulement in the late 1970s when mass displacements of the Rohingya people from Myanmar and Indian Muslims from India took place.
期刊介绍：
Journal of Refugee Studies provides a forum for exploration of the complex problems of forced migration and national, regional and international responses. The Journal covers all categories of forcibly displaced people. Contributions that develop theoretical understandings of forced migration, or advance knowledge of concepts, policies and practice are welcomed from both academics and practitioners. Journal of Refugee Studies is a multidisciplinary peer-reviewed journal, and is published in association with the Refugee Studies Centre, University of Oxford.
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