The Challenges of Comparative Legal History

Abstract The emerging discipline of Comparative Legal History poses many problems for researchers. Primary texts which need to be accessed are not always easily available outside the place where they were produced, and even modern literature can be hard to access. Linguistic nuances have to be grasped, and legal materials have to be interpreted within their own institutional frameworks. The problems are such that the only sensible way forward is collaborative work involving specialists familiar with different legal systems. The present paper explores these challenges and draws some lessons from the project on the comparative history of fault liability in Europe co-directed by the author.