Beruflich Dokumente
Kultur Dokumente
O N LEGA L H ISTORY 1
THO M AS D U V E (E D.)
Entanglements in
Legal History:
Conceptual Approaches
M ax P lanck I nstitute
for E uropean L egal H istory
ISBN 978-3-944773-00-1
ISSN 2196-9752
Published by Max Planck Institute for European Legal History, Frankfurt am Main
Max Planck Institute for European Legal History Open Access Publication
http://global.rg.mpg.de
Copyright
Cover photo by Christiane Birr, Frankfurt am Main
Cover design by Elmar Lixenfeld, Frankfurt am Main
Recommended citation:
Duve, Thomas (ed.) (2014), Entanglements in Legal History: Conceptual Approaches,
Global Perspectives on Legal History, Max Planck Institute for European Legal History
Open Access Publication, Frankfurt am Main, http://dx.doi.org/10.12946/gplh1
George Rodrigo Bandeira Galindo*
institution would have continued to develop in its parent system. Subsequent development
in the host system should not be confused with rejection. Watson (1993) 27.
4 Legrand (1997) 120.
5 Legrand (1997) 114.
6 Legrand (1997) 122.
14 As a matter of fact, space has duly been considered in an emerging literature on legal
pluralism and legal transplants. For a general picture, see von Benda-Beckmann /
von Benda-Beckmann / Griffiths (2009) 129. Some take the spatial turn in legal stud-
ies so seriously to the point of arguing that modern legal systems are invariably mixed,
what demands a complete reconceptualization of territoriality. For Donlan, for example,
[t]he uniqueness of mixed jurisdictions is thus no longer the fact of their hybridity, but
their particular mix and character. Donlan (2011) 29. Even if such argument may sound
exaggerated, it seems undisputable that we must look more thoroughly to the spatial
implications of the relationship between legal systems.
15 The opposite is also true, although this is not the main concern of this article. On the
subject, especially on the identification of at least three important contributions of
comparative law (and the comparative method as well) to legal history, see Graziadei
(1999) 530.
16 The search for authority (or its destruction) is on the basis of Robert Gordons taxonomy
of the three uses of the past by lawyers: static, dynamic (concerned with looking for
authority), and critical (focused on the destruction or the questioning of authority). See
Gordon (1996) 12426.
17 Koselleck (2004) 257. Those categories may be retraced to two authors that deeply
influenced Kosellecks thinking: Martin Heidegger and Hans-Georg Gadamer. On this, see
Olsen (2012) 220226.
18 Koselleck (2004) 259.
19 Koselleck (2004) 260.
20 Koselleck (2004) 260261.
5. Conclusions
Legal historians can offer a crucial contribution to the debate on legal
transplants if they convince comparative lawyers that, besides a spatial
dimension, a transplant also implies a specific conception of time that
encompasses both the space of experiences and the horizon of expectations.
Legal transplants not only transpose legal rules and arguments from one
place to another; they fundamentally try to change the future.
As a matter of fact, legal transplants are deeply influenced by what
Koselleck called historical times, a very subjective (sometimes irrational or
emotional) perception of how time flows. The plea to emphasize the study of
legal transplants through the lenses of historical times seems to have its
counterpart in a tendency found in comparative legal studies to stress the
role of individual actors in the transplantation process. 44 An inquiry into
Bibliography
Introduction
3 | Thomas Duve
Entanglements in Legal History. Introductory Remarks
29 | Thomas Duve
European Legal History Concepts, Methods, Challenges
Contents V
187 | Ana Belem Fernndez Castro
A Transnational Empire Built on Law: The Case of the Commercial
Jurisprudence of the House of Trade of Seville (15831598)
VI Contents
489 | Clara Kemme
The History of European International Law from a
Global Perspective: Entanglements in Eighteenth and
Nineteenth Century India
565 | Contributors
Contents VII