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The History of Law is the legal-historical discipline that analyzes the set of facts and historical processes related to all the legal rules and social practices "strong", [1] that is, they had concerning the law.

The nature of the history of law as a discipline, means that there be between two great branches of learning such as history and law. Thus, it has been argued that the historian has aright to dual citizenship, being considered good historians among lawyers, and good jurist among historians. [2] Thus, the history of law has had the need to develop a rationale to justify its own existence and independence of other disciplines. Today, it is noteworthy that the discipline is taught mostly in law schools.
To have science we need a scientific field defined, and a scientific method.To study this subject is to do a study of each historical period. The historical and legal sources, initially, would refer only to the law. This award comes from the rationalist conception settled in the seventeenth century. However, over the next two centuries, a number of European scientific currents included in the direct sources to custom, judicial decisions and legal doctrine.

[Edit] ObjectestudioLa Legal History covers the history of the development, implementation and reviews of law, and history of social institutions regulated by it. [3] Thus, it integrates the history of the world of law obtained from the legal texts and the history of institutions, whether public or private.

[Edit] Specification unanimously materialExiste when clearly define the substantive scope of concernto the History of Law. A priori it is said that the moral law is excluded. In regard to social practices, there is more disagreement, although most legal historiography takes its basis in the distinction made by Ortega y Gasset between social uses "strong" and "weak."

On the other hand, has also attempted to establish the border of the rule of law based on its enforceable. However, an approachthat does not quite solve the problem, as history would exclude the right to legal fields as evident as international law not to be a valid coercive force to restore legality. On the other hand, there are many cases in which a rule is by no means CoActive legal, such as the rule requiring stay within a canon of beauty, for sure.

The majority opinion attempts to distinguish the field of action of theHistory of Law within the rules whose violation is pursued by the social group organized under duress. Other authors go further and provide a number of features considered circumstantial for the existence of legal matters. This can be seen as the consequences of rule violation involving a "clear and distinct behavior of the offender, changes in the social-legal status or satisfaction of apenalty" are, in principle, rule of law. [4]

[Edit] Specification espacialTradicionalmente, has made the distinction between history of domestic and foreign law. [5] Thus, the usual object of the History of law of each country is usually the national legal world. However, it has also sought to make a universal history of law. In this sense, the first substantial attempt to develop a supranationalhistory of law was made by Heinrich Mitteis in 1891, with its imperial law and popular in the eastern provinces of the Roman Empire. Here we attempted to perform a global history of the right using Roman sources, Greek, Egyptian, and a lesser amount, using sources of Oriental peoples. Nevertheless, it should be noted that the work would be non-Mitteis fully universal, but it would take an intermediateposition, which expanded the geographic scope to a supranational level, but did not come to encompass a comprehensive history.

It should be noted that although at present the history of universal law and comparative law are clearly differentiated, because the latter focuses on the analysis of legal systems, there was a time when both disciplines blur. Thus, we have inherited from the French...