Comparative Contexts in Legal History : Are We All Comparatists Now?

Abstract

The article discusses Comparative Legal History from a methodological point of view, seeking to define comparison departing from historiography and demonstrating how the discipline of legal history emerged in the nineteenth century to validate the idea of a national legal science.Secondly, the article presents the traditional idea of comparison as a means of constructing new identities.Finally, it introduces a new method of Comparative Legal History, claiming that the research object can always be located in a wider perspective than the national one.This demonstrates that comparison could be understood as an innate instrument of the legal historian.

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