Abstract
This contribution is a synopsis of the methodological and theoretical issues encountered during my doctoral research on the use of legal argumentation by European Diplomacy in the early eighteenth century and after 1945. Tackling such a subject requires training in international law (of course), diplomatic history, international relations and legal history. Consequently, one tries to avoid both evident and hidden pitfalls and traps. A study of "text in context" requires both the rigour of legal reasoning and the collection of salient details in literary, esthetic diplomatic writing. Moreover, the comparison between two epochs seems at first sight a long shot, and many lawyers have their doubts on the use of history to explain contemporary positive norms. Yet, insights from other social sciences (sociology, cultural history, antropology) can help.
| Original language | English |
|---|---|
| Pages (from-to) | 31-42 |
| Number of pages | 12 |
| Journal | Rechtskultur - Zeitschrift für Europäische Rechtsgeschichte |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 15 Nov 2013 |
Keywords
- legal history
- legal culture
- history of international law
- diplomatic history