THEME: LEGAL HISTORY AND LEGAL
THEORY: A NEGLECTED DIALOGUE?
OUTLINE:
Apart from
some notable exceptions, much of contemporary legal theory is uninformed by
history, including legal history. This is deeply regrettable, for legal theories
may be vastly improved by being informed, and perhaps more importantly,
challenged by historical contexts. Theories of law, one might say, are better if
they are forged at the coal-face of historical research. Similarly, one could
argue that legal histories are better when they draw on, and themselves
contribute to, the conceptual resources of legal theory. Somewhat more
radically, if one agrees law does not have a nature, but a culture, then one
must account for how the culture of law changes, and has changed, over time.
This, by necessity, demands a historically-informed methodology. Similarly, the
problem of change is an unavoidable one in legal theory, whether that be change
in legal regimes or changes in certain areas of the law – here, again, the
resources of history, including the philosophy of history, are invaluable.
Putting things a little more colourfully, one could say that legal ideas cannot
but be understood historically. Further, legal theory has, of course, its own
history: legal theories are not disconnected islands, but rather interventions
in a long series of dialogues and polylogues amongst theorists. As many have
observed, and described, legal theory’s history needs to be informed not only by
such dialogues and polylogues amongst theorists, but also by awareness of the
theorist’s immersion in political, economic and other conditions of his or her
time and place – there, once more, a serious engagement with history is
important. This conference - the annual conference of the UK Branch of the IVR
(International Association of Legal and Social Philosophy) - is designed to
bring together legal theorists and legal historians (including historians of
legal theory and political thought) in an attempt to facilitate and encourage
dialogue between the two disciplines.
The event is hosted by the Queen Mary Legal Theory and Legal History Research Group: www.law.qmul.ac.uk/legaltheory.
Deadline: 1 October
2012
Details available here: http://www.law.qmul.ac.uk/events/items/76649.html
Apart from
some notable exceptions, much of contemporary legal theory is uninformed by
history, including legal history. This is deeply regrettable, for legal theories
may be vastly improved by being informed, and perhaps more importantly,
challenged by historical contexts. Theories of law, one might say, are better if
they are forged at the coal-face of historical research. Similarly, one could
argue that legal histories are better when they draw on, and themselves
contribute to, the conceptual resources of legal theory. Somewhat more
radically, if one agrees law does not have a nature, but a culture, then one
must account for how the culture of law changes, and has changed, over time.
This, by necessity, demands a historically-informed methodology. Similarly, the
problem of change is an unavoidable one in legal theory, whether that be change
in legal regimes or changes in certain areas of the law – here, again, the
resources of history, including the philosophy of history, are invaluable.
Putting things a little more colourfully, one could say that legal ideas cannot
but be understood historically. Further, legal theory has, of course, its own
history: legal theories are not disconnected islands, but rather interventions
in a long series of dialogues and polylogues amongst theorists. As many have
observed, and described, legal theory’s history needs to be informed not only by
such dialogues and polylogues amongst theorists, but also by awareness of the
theorist’s immersion in political, economic and other conditions of his or her
time and place – there, once more, a serious engagement with history is
important. This conference - the annual conference of the UK Branch of the IVR
(International Association of Legal and Social Philosophy) - is designed to
bring together legal theorists and legal historians (including historians of
legal theory and political thought) in an attempt to facilitate and encourage
dialogue between the two disciplines.The event is hosted by the Queen Mary Legal Theory and Legal History Research Group: www.law.qmul.ac.uk/legaltheory.
