Pub Date : 2022-07-03DOI: 10.1080/2049677X.2022.2131527
Lukasz Jan Korporowicz, J. G. Owen
Entailing landed property was a common feature of European property law in the late medieval and early modern periods, and beyond. Entails were far more common in some European states than others. This article undertakes comparative research into different forms of entailed property in Poland (where entails were uncommon) and England and Wales (where entails were common). It also undertakes comparative analysis with the later English common law strict settlement, which had the entail at its core. It investigates who created such settlements; why they were created; the different methods of creation; the attitude of the state/royal government; who benefitted under such settlements; inalienability of land; and perpetuity.
{"title":"Polish ordynacje and the English common law entail and strict settlement: Social, political, and religious comparative contexts","authors":"Lukasz Jan Korporowicz, J. G. Owen","doi":"10.1080/2049677X.2022.2131527","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131527","url":null,"abstract":"Entailing landed property was a common feature of European property law in the late medieval and early modern periods, and beyond. Entails were far more common in some European states than others. This article undertakes comparative research into different forms of entailed property in Poland (where entails were uncommon) and England and Wales (where entails were common). It also undertakes comparative analysis with the later English common law strict settlement, which had the entail at its core. It investigates who created such settlements; why they were created; the different methods of creation; the attitude of the state/royal government; who benefitted under such settlements; inalienability of land; and perpetuity.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"172 - 203"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49252538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/2049677X.2022.2131522
Agustín Parise, M. Dyson
Comparative legal history is a fertile autonomous discipline gathering a growing number of adherents from across the globe. This journal aims to offer a forum for the studies that result from that discipline and that look at law transversely through time and space. It was first published in 2013, and it is part of the wider efforts of the European Society for Comparative Legal History (ESCLH). The journal is based in Europe, though both its Editorial Board and its International Editorial Board gather comparative legal historians from across the globe, making palpable that the autonomous discipline is expanding sans frontières. Issue 2 of Volume 10 gathers contributions from different corners of the world, hence confirming the statement above, showing the global dimension of this discipline. The first article, by Fernando Pérez Godoy, Carlos Fernando Teixeira Alves and Fernando Liendo Tagle, offers a transatlantic exercise of comparative legal history. The authors trace and place the presence of natural law and the law of nations at three centres for the study of law (ie, Coimbra, Seville, and Santiago de Chile) during the eighteenth and nineteenth centuries. The intellectual dialogue amongst forums and actors unveils the transnational history of these fields, both with an impact on legal education and politics. The second article, by Saliha Belmessous, raises a question that the literature had failed to fully answer: what is a colonial treaty? The author looks at agreements that European states concluded with non-European polities as from the late fifteenth century. The role of natural law and the law of nations in thereby noted, while the article alerts on the different understandings of what were ‘unequal treaties.’ After all, we need to know the history and extent of terms we use when engaging in comparative legal history. The third article, by Lukasz Jan Korporowicz and John Gwilym Owen, deals with a pillar of law and society by looking at entailed property in Poland and England and Wales. Their comprehensive study traces the evolution in both jurisdictions across time, tackling multiple aspects of the life of entails, placing them within social, political, and religious contexts. The three articles in this issue remind readers that comparative legal historical efforts can only but benefit from the rich contexts that derive from interdisciplinary approaches to law. Law has to be placed in the corresponding context in order to fully unveil its development across time and space. The book reviews section of this issue presents nine monographs that confirm the global dimension of comparative legal history. The first book reviewed deals with European legal thought (or in words of its author, ‘legal imagination’) exploring a c 500-year path that is linked to the law of nations and to the
比较法律史是一门丰富的自主学科，在全球范围内聚集了越来越多的追随者。本刊旨在为该学科的研究提供一个论坛，这些研究通过时间和空间横向看待法律。它于2013年首次出版，是欧洲比较法律史学会(ESCLH)更广泛努力的一部分。该杂志的总部设在欧洲，尽管它的编辑委员会和国际编辑委员会都汇集了来自全球的比较法律历史学家，这明显表明，这门自治学科正在扩展到无国界。第10卷第2期汇集了来自世界不同角落的贡献，从而证实了上述说法，显示了这一学科的全球维度。第一篇文章由Fernando p雷斯·戈多伊、Carlos Fernando特谢拉·阿尔维斯和Fernando Liendo Tagle撰写，提供了跨大西洋比较法律史的实践。作者追溯并将自然法和国家法的存在置于18世纪和19世纪的三个法律研究中心(即科英布拉、塞维利亚和智利圣地亚哥)。论坛和行动者之间的知识对话揭示了这些领域的跨国历史，对法律教育和政治都有影响。第二篇文章由Saliha Belmessous撰写，提出了一个文献未能完全回答的问题:什么是殖民条约?作者考察了自15世纪晚期以来欧洲国家与非欧洲国家达成的协议。自然法和国法的作用在其中得到了注意，而文章则提醒人们对什么是“不平等条约”的不同理解。毕竟，在研究比较法律史时，我们需要了解术语的历史和范围。第三篇文章由Lukasz Jan Korporowicz和John Gwilym Owen撰写，通过考察波兰、英格兰和威尔士的法定财产来探讨法律和社会的一个支柱。他们的综合研究追踪了两个司法管辖区的演变，处理了需要的生活的多个方面，将它们置于社会，政治和宗教背景下。这期的三篇文章提醒读者，比较法律历史的努力只能受益于跨学科的法律研究方法所产生的丰富背景。只有将法律置于相应的语境中，才能充分揭示其跨越时空的发展。这期的书评部分提出了九篇专著，证实了比较法律史的全球维度。第一本书回顾了欧洲的法律思想(或者用作者的话说，“法律想象”)，探索了一条与国法和国际法有关的500年之路
{"title":"Editorial","authors":"Agustín Parise, M. Dyson","doi":"10.1080/2049677X.2022.2131522","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131522","url":null,"abstract":"Comparative legal history is a fertile autonomous discipline gathering a growing number of adherents from across the globe. This journal aims to offer a forum for the studies that result from that discipline and that look at law transversely through time and space. It was first published in 2013, and it is part of the wider efforts of the European Society for Comparative Legal History (ESCLH). The journal is based in Europe, though both its Editorial Board and its International Editorial Board gather comparative legal historians from across the globe, making palpable that the autonomous discipline is expanding sans frontières. Issue 2 of Volume 10 gathers contributions from different corners of the world, hence confirming the statement above, showing the global dimension of this discipline. The first article, by Fernando Pérez Godoy, Carlos Fernando Teixeira Alves and Fernando Liendo Tagle, offers a transatlantic exercise of comparative legal history. The authors trace and place the presence of natural law and the law of nations at three centres for the study of law (ie, Coimbra, Seville, and Santiago de Chile) during the eighteenth and nineteenth centuries. The intellectual dialogue amongst forums and actors unveils the transnational history of these fields, both with an impact on legal education and politics. The second article, by Saliha Belmessous, raises a question that the literature had failed to fully answer: what is a colonial treaty? The author looks at agreements that European states concluded with non-European polities as from the late fifteenth century. The role of natural law and the law of nations in thereby noted, while the article alerts on the different understandings of what were ‘unequal treaties.’ After all, we need to know the history and extent of terms we use when engaging in comparative legal history. The third article, by Lukasz Jan Korporowicz and John Gwilym Owen, deals with a pillar of law and society by looking at entailed property in Poland and England and Wales. Their comprehensive study traces the evolution in both jurisdictions across time, tackling multiple aspects of the life of entails, placing them within social, political, and religious contexts. The three articles in this issue remind readers that comparative legal historical efforts can only but benefit from the rich contexts that derive from interdisciplinary approaches to law. Law has to be placed in the corresponding context in order to fully unveil its development across time and space. The book reviews section of this issue presents nine monographs that confirm the global dimension of comparative legal history. The first book reviewed deals with European legal thought (or in words of its author, ‘legal imagination’) exploring a c 500-year path that is linked to the law of nations and to the","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"107 - 109"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47770597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/2049677X.2022.2131532
Bruce C. Brasington
This interesting study of criminal justice in the Sienese context offers a new exploration of tensions between Christian education about peace and penance, the idea of public justice, and the culture of revenge. Zanetti Domingues proposes a penitential model of medieval criminal justice, using as a case study the Italian commune of Siena in the years 1260 – 1330. The author argues that criminal justice reform had among its aims penance and moral reintegration, goals that are fundamentally religious in nature. She proposes that “ a penitential discourse on criminal justice [. . .] coexisted alongside the other ones based on revenge or on notions of public order ” (2).
{"title":"Confession and criminal justice in late medieval Italy: Siena, 1260–1330","authors":"Bruce C. Brasington","doi":"10.1080/2049677X.2022.2131532","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131532","url":null,"abstract":"This interesting study of criminal justice in the Sienese context offers a new exploration of tensions between Christian education about peace and penance, the idea of public justice, and the culture of revenge. Zanetti Domingues proposes a penitential model of medieval criminal justice, using as a case study the Italian commune of Siena in the years 1260 – 1330. The author argues that criminal justice reform had among its aims penance and moral reintegration, goals that are fundamentally religious in nature. She proposes that “ a penitential discourse on criminal justice [. . .] coexisted alongside the other ones based on revenge or on notions of public order ” (2).","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"213 - 217"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60011702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/2049677x.2022.2131538
Peter H. Sand
{"title":"Weltnaturschutz: Umweltdiplomatie in Völkerbund und Vereinten Nationen 1920–1950; The league of nations and the protection of the environment","authors":"Peter H. Sand","doi":"10.1080/2049677x.2022.2131538","DOIUrl":"https://doi.org/10.1080/2049677x.2022.2131538","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"230 - 234"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45957942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/2049677X.2022.2131530
Luisa Brunori
European interventions and for its suggestive observations about the place of property in European legal thought about global power. Few historians will disagree with Koskenniemi’s observations about the functions of legal imagination to persuade, illuminate power, and draw on materials at hand to respond to novel problems. Some may push further, and perhaps also challenge, specific assertions about property and rights in European legal discourse. Still others may define ‘home’ in radically different ways or emphasize continuities rather than differences among geographically centred traditions of European discourse. For its provocations about property and its broad coverage, the book will surely be mined by historians pursuing these and other scholarly agendas for generations to come.
{"title":"Going the distance. Eurasian trade and the rise of the business corporation, 1400–1700","authors":"Luisa Brunori","doi":"10.1080/2049677X.2022.2131530","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131530","url":null,"abstract":"European interventions and for its suggestive observations about the place of property in European legal thought about global power. Few historians will disagree with Koskenniemi’s observations about the functions of legal imagination to persuade, illuminate power, and draw on materials at hand to respond to novel problems. Some may push further, and perhaps also challenge, specific assertions about property and rights in European legal discourse. Still others may define ‘home’ in radically different ways or emphasize continuities rather than differences among geographically centred traditions of European discourse. For its provocations about property and its broad coverage, the book will surely be mined by historians pursuing these and other scholarly agendas for generations to come.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"209 - 213"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41501532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/2049677x.2022.2131540
M. Janis
{"title":"The economic weapon: the rise of sanctions as a tool of modern war","authors":"M. Janis","doi":"10.1080/2049677x.2022.2131540","DOIUrl":"https://doi.org/10.1080/2049677x.2022.2131540","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"234 - 237"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45345354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063509
A. Parise, M. Dyson
The journal has now reached its tenth volume, continuously offering a forum for comparative legal historians and their work. The content of the existing volumes attests that the journal endorses the efforts of the European Society for Comparative Legal History (ESCLH). Together, the journal and the ESCLH aim to develop and disseminate disciplinary studies that look at law across time and space. Issue 1 of Volume 10 offers methodological tools and exemplary studies that ought to be considered by those who aim to engage in comparative legal historical exercises. The articles section of this issue confirms the above statement by means of three articles. The first article, by Caroline Laske, offers a much needed toolbox that can be used when the subject of study relates to the language within a source. The author alerts readers of the usefulness of corpus linguistics methodologies when aiming to answer questions that require the unveiling of patterns in legal language usage and ways of encoding meanings. After all, language is a fundamental conduit for the law. The second article, by Gustaaf van Nifterik, offers an example of how the activities of actors – at different times and places – can be interconnected, with the potential of showing common, diverging, or recurring narratives. The author offers a ‘dialogue’ between Edward Coke, Fernando Vázquez de Menchaca, Jean Bodin, and Hugo de Groot on iurisdictio and imperium. The author does not hesitate to point to a Europe-wide process. The third article, by Ricardo Pelegrin Taboada, takes the readers to the Americas and analyses the development of the legal profession during the Spanish Colonial period and until the emergence of republics in the nineteenth century. The focus is on Mexico and Cuba, offering transatlantic and inter-American bridges. The author attends the different roles played by universities, bar associations, and the existing elites. The three articles in this issue confirm that comparative legal history is a discipline that cannot be circumscribed to a specific time and place, being therefore broad and diverse in its scope. The book reviews section of this issue presents a sample of the specialized literature that continues to develop in the field of comparative legal history. The first book reviewed deals with international law in West Africa under British colonialism, hence addressing a part of the Globe that continues to require more attention in the pages of the journal. The second book reviewed undertakes a comparative exploration of the relationship between guilds and the development of insurance, hence bridging an important lacuna in the field. The third book reviewed deals with a pillar of private law, looking at the family and marital property mainly around Northern Italy and the Austrian realm. That work offers valuable approaches from social anthropology and
该杂志目前已出版第十卷，不断为比较法律历史学家及其工作提供论坛。现有卷的内容证明，该期刊认可了欧洲比较法律史学会（ESCLH）的努力。该杂志和ESCLH共同致力于开发和传播跨时间和空间的法律学科研究。第10卷第1期提供了方法论工具和示范性研究，那些旨在从事比较法律历史实践的人应该考虑这些工具和研究。本期文章部分通过三篇文章证实了上述说法。Caroline Laske的第一篇文章提供了一个非常需要的工具箱，当研究主题与源语言相关时，可以使用它。作者提醒读者，在回答需要揭示法律语言使用模式和意义编码方式的问题时，语料库语言学方法是有用的。毕竟，语言是法律的基本渠道。Gustaaf van Nifterik的第二篇文章提供了一个例子，说明了演员在不同时间和地点的活动是如何相互关联的，有可能表现出共同、分歧或重复的叙事。作者提供了爱德华·科克、费尔南多·巴斯克斯·德·门查卡、让·博丁和雨果·德·格鲁特之间关于权力和统治的“对话”。作者毫不犹豫地指出了整个欧洲的进程。Ricardo Pelegrin Taboada的第三篇文章将读者带到美洲，分析了西班牙殖民时期法律职业的发展，直到19世纪共和国的出现。重点是墨西哥和古巴，提供跨大西洋和美洲之间的桥梁。作者关注大学、律师协会和现有精英所扮演的不同角色。本期的三篇文章证实，比较法律史是一门不能局限于特定时间和地点的学科，因此其范围广泛多样。本期的书评部分提供了在比较法律史领域继续发展的专门文献的样本。评论的第一本书涉及英国殖民主义统治下西非的国际法，因此谈到了《环球报》中仍然需要更多关注的部分。第二本书对行会与保险发展之间的关系进行了比较探索，从而填补了该领域的一个重要空白。第三本书论述了私法的一个支柱，主要关注意大利北部和奥地利王国的家庭和婚姻财产。这项工作提供了社会人类学和
{"title":"Editorial","authors":"A. Parise, M. Dyson","doi":"10.1080/2049677X.2022.2063509","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063509","url":null,"abstract":"The journal has now reached its tenth volume, continuously offering a forum for comparative legal historians and their work. The content of the existing volumes attests that the journal endorses the efforts of the European Society for Comparative Legal History (ESCLH). Together, the journal and the ESCLH aim to develop and disseminate disciplinary studies that look at law across time and space. Issue 1 of Volume 10 offers methodological tools and exemplary studies that ought to be considered by those who aim to engage in comparative legal historical exercises. The articles section of this issue confirms the above statement by means of three articles. The first article, by Caroline Laske, offers a much needed toolbox that can be used when the subject of study relates to the language within a source. The author alerts readers of the usefulness of corpus linguistics methodologies when aiming to answer questions that require the unveiling of patterns in legal language usage and ways of encoding meanings. After all, language is a fundamental conduit for the law. The second article, by Gustaaf van Nifterik, offers an example of how the activities of actors – at different times and places – can be interconnected, with the potential of showing common, diverging, or recurring narratives. The author offers a ‘dialogue’ between Edward Coke, Fernando Vázquez de Menchaca, Jean Bodin, and Hugo de Groot on iurisdictio and imperium. The author does not hesitate to point to a Europe-wide process. The third article, by Ricardo Pelegrin Taboada, takes the readers to the Americas and analyses the development of the legal profession during the Spanish Colonial period and until the emergence of republics in the nineteenth century. The focus is on Mexico and Cuba, offering transatlantic and inter-American bridges. The author attends the different roles played by universities, bar associations, and the existing elites. The three articles in this issue confirm that comparative legal history is a discipline that cannot be circumscribed to a specific time and place, being therefore broad and diverse in its scope. The book reviews section of this issue presents a sample of the specialized literature that continues to develop in the field of comparative legal history. The first book reviewed deals with international law in West Africa under British colonialism, hence addressing a part of the Globe that continues to require more attention in the pages of the journal. The second book reviewed undertakes a comparative exploration of the relationship between guilds and the development of insurance, hence bridging an important lacuna in the field. The third book reviewed deals with a pillar of private law, looking at the family and marital property mainly around Northern Italy and the Austrian realm. That work offers valuable approaches from social anthropology and","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"1 - 2"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48929189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063519
M. Koenig
{"title":"Britain and international law in West Africa. The practice of empire","authors":"M. Koenig","doi":"10.1080/2049677X.2022.2063519","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063519","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"83 - 86"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41800027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063510
C. Laske
Corpus linguistics methodologies offer innovative ways of reading legal historical sources. Studying the language of source texts using computational techniques that retrieve linguistic data makes detailed searches of words, phrases, and lexical/grammatical patterns and structures possible and provides multiple contextual data that is both quantitative and qualitative, empirical rather than intuitive. It helps us understand not just what is being said, but also how it is being said, how language is used to encode meanings, and what that can tell us about underlying contents and the socio-political, cultural, geopolitical, economic, and other contexts and discourses in which these texts were produced. This paper argues that the use of corpus linguistics is relevant across comparative legal history and can be applied in comparative legal historical research independent of the area of the law or the historical period. Detailed studies incorporating corpus linguistics will be discussed to show the potential of this methodological shift.
{"title":"Corpus linguistics: the digital tool kit for analysing language and the law","authors":"C. Laske","doi":"10.1080/2049677X.2022.2063510","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063510","url":null,"abstract":"Corpus linguistics methodologies offer innovative ways of reading legal historical sources. Studying the language of source texts using computational techniques that retrieve linguistic data makes detailed searches of words, phrases, and lexical/grammatical patterns and structures possible and provides multiple contextual data that is both quantitative and qualitative, empirical rather than intuitive. It helps us understand not just what is being said, but also how it is being said, how language is used to encode meanings, and what that can tell us about underlying contents and the socio-political, cultural, geopolitical, economic, and other contexts and discourses in which these texts were produced. This paper argues that the use of corpus linguistics is relevant across comparative legal history and can be applied in comparative legal historical research independent of the area of the law or the historical period. Detailed studies incorporating corpus linguistics will be discussed to show the potential of this methodological shift.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"3 - 32"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47075340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063524
Victoria Barnes
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