Issue 8 (2017)

THE HISTORY OF LAW AS PRACTICAL SCIENCE AND ARGUMENTATION THEORY

Authors: Beka Kantaria

Abstract: Historical law research is one of the key directions of European law science. The history of justice keeps its actuality alive. History of law belongs to cultural sciences. It will examine the cultural processes of reception of law. The history of law is a history of law reception. The history of justice is not just “history of law”. It is a history of comparative law. The history of law is interdisciplinary. Its subdivisions will study the history of origin and development of separate fi elds of law. Most of the inspired research areas are the history of private law and constitution. The history of law has great practical signifi cance with cognition. Law history data is used in modern law-making activity. The history of law is the search for justice. From this point of view, the history of the law is argumentative for the legislature. The existence of the old norms or the old legal institutions in modern reality or establishing them in the future, in it, prescribes the law of argumentative nature. The history of law is often a source of legitimacy for legislative work.

Key Words: Law, history, argumentation

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