Thai Legal History in Theory and Practice: Experience of Thailand as Viewed from an Anglo-Saxon Perspective
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Abstract
This Article is a tentative first shot at a comparative study of Thai and Anglo-Saxon’ legal history studies. While, generally, it is taken for granted that such studies constitute an inherent monolith, in actual fact, as our scrutiny of the Anglo-Saxon world will reveal, they are blessed with a diverse, if baffling, variety not discernible to non-practioners. The Anglo-Saxon’s legal history studies are developed into various fields. The exploring of Anglo-Saxon’s legal history studies indicates one clear benefit. That is the classification of legal history according to the objectives of studies. This paper aims to indicate that Thai legal history is a new subject and scatter. The jurisprudence, history of legal doctrine or legal school of thoughts are separated and taught in legal philosophy. At the same time, legal principles in Thai law are always imported from foreign legal principles. Therefore, Thai legal history studies in the future should be gathered the scatter pieces of legal history. For example, the history of jurisprudence, history of legal principles and history of legal institutions should be studied together. Furthermore, legal history should be studied by both historians and lawyers who are interested in legal history. This article consists of five parts which are: (1) This paper will start with introduction. (2) Benefits of using historical method. (3) Types of legal history in Anglo-Saxon. (4) Legal history studies and research in Thailand. (5) Conclusion.
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References
Cosgrove, Richard A. “The Culture of Academic Legal History: Lawyers’ History and Historians’ Law 1870-1930.” Cambrian L. Rev 33 (2002): 23-34.
Harding, Andrew, and Peter Leyland. Lecturer in Law Leyland. The Constitutional System of Thailand: A Contextual Analysis Constitutional Systems of the World. Oxford, Portland, OR: Hart, 2011.
Hurst, James Willard. Law and Economic Growth: A Legal History of the Lumber Industry in Wisconsin, 1836-1915. Cambridge: Harvard University, 1964.
Inventing the Individual. The Origins of Western Individualism. London: Penguin, 2015.
Levitt, Steven D., and Stephen J. Dubner. Think Like a Freak. New York: William Morrow and Company, 2014.
Lobban, Michael. “The Varieties of Legal History.” Clio@ Thémis 5 (2012): 3-29.
Mazzucato, Mariana. The Entrepreneurial State, Debunking Public vs Private Sector Myths. London: Penguin, 2018.
Milsom, S. F. C. Historical Foundations of the Common Law. London: Butterworths, 1969.
Milsom, S. F. C. The Legal Framework of English Feudalism. New York: Cambridge University, 1976.
Prachoom Chomchai. Gleanings of Thai Private Law in a Roman and Anglo-Saxon Setting: A Preliminary Exercise in Legal History and Comparative Law, an Updated and Recast English Version of the Thai Original. Bangkok:
The Project for the Promotion of Textbooks and Teaching Materials Faculty of Law, Thammasat University, 2011. [In Thai]
Prachoom Chomchai. Introduction to the Principles of Fiscal and Financial Laws. Bangkok: The Project for the Promotion of Textbooks and Teaching Materials Faculty of Law, Thammasat University, 2009. [In Thai]
Prachoom Chomchai. Private Law, Preliminary Comparison: Roman and Anglo-Saxon Customary Laws. Bangkok: The Project for the Promotion of Textbooks and Teaching Materials Faculty of Law, Thammasat University, 2010. [In Thai]
Siedentop, Larry. Inventing the Individual: The Origins of Western Individualism. London: Penguin, 2015.
Walker, David M. The Oxford Companion to Law. Michigan: Clarendon, 1980.
Wikipedia. “Frederic William Maitland.” Accessed February 1, 2019. https//en.wikipedia.org/wiki/Frederic_William_Maitland.
Wikipedia. “James Willard Hurst.” Accessed February 1, 2019. https://en.wikipedia.org./wiki/James_Willard_Hurst.
Wikipedia. “Stroud Francis Charles Milsom.” Accessed February 1, 2019. https://en.wikipedia.org/wiki/S._F._Milsom.
Willard Hurst, James, and the Common Law Tradition in American. “Legal Historiography.” Law & Society 9 (1975-6): 9-55.
Willard Hurst, James. Law and Economic Growth: A Legal History of the Lumber Industry in Wisconsin, 1836-1915. Cambridge: Harvard University, 1964.