Preface ZNR 1 (1979)

Preface by the editors ZNR 1 (1979) pp. 1-2:

The field of legal history has undergone a profound transformation since the era of the historical school, raising critical questions about methodology, content, and the discipline’s self-conception. Since the late 19th century, legal history has distanced itself from its origins in historical dogmatics and its direct connection to applicable law. Today, the discipline is increasingly grounded in historical empiricism, though it remains largely shaped by legal scholars, reflecting the perspectives and concerns of modern jurisprudence.

The dynamic interplay between historical and jurisprudential issues continues to shape the research process in legal history, underscoring the enduring relevance of both fields. Legal-historical studies increasingly incorporate insights from social and intellectual history, aligning with trends in modern historiography. However, the discipline still struggles to disentangle itself fully from the framework of the modern legal system. This tension is further compounded by the legal-theoretical discourse on the historicity of law, which challenges researchers to reconsider the contemporary significance of their work.

Despite ongoing reorientation, many traditional areas of legal history remain vital. Yet the once-cohesive unity of the discipline has fragmented. The proliferation of research projects and diverse methodologies has made it more difficult to maintain an overview or foster meaningful academic dialogue. Legal-historical scholarship now extends beyond traditional outlets like the Savigny-Zeitschrift, appearing in a wide array of historical, legal, and interdisciplinary publications. This diversification has led to increasing uncertainty about the discipline’s specific objectives.

The Zeitschrift für Neuere Rechtsgeschichte seeks to address these challenges by providing a forum for pressing issues in contemporary academic discourse while contributing to the reintegration of the discipline. The journal focuses on the more recent period—from the late Middle Ages to the post-war era—not to devalue the study of the Middle Ages or ancient legal cultures, but because recent history remains underrepresented in the traditional canon of legal history. Moreover, this era forms the foundation of modern legal and constitutional systems, making its study particularly crucial.

Acknowledging the limitations of a single journal to comprehensively address all periods of legal history, the Zeitschrift für Neuere Rechtsgeschichte advocates for a broader perspective. It moves beyond a narrowly defined history of dogma and institutions, incorporating approaches from economic and social history, intellectual history, and anthropology. This interdisciplinary focus aims to break down the traditional silos of Romance studies, German studies, and canon law, fostering a more integrated approach to legal history.

While the journal emphasizes developments within German-speaking countries, it is committed to engaging with international research and fostering global scholarly dialogue. The publication also aims to amplify emerging discussions on methodology, ensuring these debates receive the attention they deserve.

For now, the journal will be published biannually, with plans to transition to quarterly issues as resources allow. However, space constraints mean the review section cannot cover all legal-historical literature from the modern period. Instead, the focus will be on works of particular significance, complemented by ongoing research reports that critically assess recent literature and highlight emerging trends. Regular literature surveys will also cover research conducted outside German-speaking countries.

Ultimately, the Zeitschrift für Neuere Rechtsgeschichte aspires to serve as a vibrant platform for scholarly dialogue, fulfilling its primary role as an academic journal by publishing original research.

Establishing a new journal for a specialized field like legal history entails inherent risks. Nevertheless, the editors believe that the opportunity presented by the publisher Manz is too important to pass up. They hope their efforts will garner the impartial support of colleagues across the discipline, ensuring the journal becomes a valuable addition to the field.