History of law - epistemological configuration

Abstract

The History of Law consists of the discipline responsible for the study of the external sources of law, that is, how it is born, evolves and transforms to finally reach the present. Currently, examining and problematizing the relations between History and Law is of the utmost importance, especially when one takes into account the perception of normativity extracted from a certain historical context defined as a past experience that raises awareness and liberates the present. The beginning of the history of law dates back to the time when men began to live in organized groups, giving rise to the formation of communities, and from there they felt the need to discipline their own conduct, outlining norms of respect for the rights of each one. The study of the History of Law results in the legal utility for understanding the origin of the legal system and its connection with the institutes of the past, in which current law has its origin. It is practically impossible to unlink the study of the law from its origins, because the complete understanding of legislation requires knowledge of the history of its formation. Thus, the study of the history of law shows what it was in the past and the path it took to reach contemporary law. It is through the History of Law that the points of contact between the old and the modern legal institutions are established, creating better conditions and greater facilities for the examination and understanding of these same institutions in their current state.

DOI: https://doi.org/10.56238/tfisdwv1-103