Randall Lesaffer, EUROPEAN LEGAL HISTORY: A CULTURAL AND POLITICAL PERSPECTIVE Cambridge: Cambridge University Press (www.cambridge.org), 2009. ix + 549 pp. ISBN 9780521701778 (pb). £27.99. ISBN 9780521877985 (hb). £65.

Pages144-145
AuthorPaul J du Plessis
DOI10.3366/elr.2011.0007
Published date01 January 2011
Date01 January 2011

Lesaffer's interesting new book on the history of legal development in Europe is a novel take on an old idea. The main aim of the book, according to its author (viii), is to provide an account of the external history of legal development in Europe for those who do not have a detailed knowledge of general European history. In this respect, it continues a long and illustrious tradition started by the German jurist Savigny whose monumental Geschichte des römischen Rechts im Mittelalter (1815–1831) is commonly regarded as the first systematic account of European legal history as an academic discipline. For much of the period following the publication of Savigny's work until roughly after the Second World War, scholarship in this subject was dominated by grand narratives which, as a rule, downplayed legal pluralism in favour of themes such as unity and the continuity of the Western legal tradition. It was only after the Second World War that a more critical attitude towards the accepted narrative evolved in legal scholarship. Lesaffer's book continues this post-war tradition, but what sets it apart is that it situates the grand narrative of legal history in its broader cultural and political context (using a concept which the author refers to as “cultural history” (7)). Although the idea of cultural history is an interesting one and the author takes time to explain the relationship between cultural history and universal history, there is a sense that these notions are perhaps too complex for a textbook aimed primarily at those with little background knowledge of the subject and that the matter could perhaps have been summarised more concisely with reference to the idea of “context”, but this is a minor complaint.

The book is divided into seven chapters, each of which follows roughly the same internal division. In each chapter, an external history of the period is provided (under the heading “politics and the state”), which is followed by an overview of the legal development during that period (under the heading “culture and the law”). An interesting feature of the book is that Lesaffer has identified a key feature of the legal culture of each period and has structured his discussion around it, e.g. in the chapter on Roman law, the salient feature has been identified as suum cuique tribuere – giving everyone his dues. This...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT