Abstract
In this paper, we set out what it means to offer a ‘biography’ of a law, illustrating the discussion through the example of the Abortion Act (1967), an important statute that has regulated a highly controversial field of practice for five decades. Biography is taken as a useful shorthand for an approach which requires simultaneous attention to continuity and change in the historical study of a law's life. It takes seriously the insight that written norms are rooted in the past, enshrining a certain set of historically contingent values and practices, yet that – as linguistic structures that can impact on the world only through acts of interpretation – they are simultaneously constantly evolving. It acknowledges the complex, ongoing co-constitution of law and the contexts within which it operates, recognising that understanding how law works requires historical, empirical study. Finally, it suggests that consideration of a law can offer a unique window through which to explore these broader contexts.
Original language | English |
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Pages (from-to) | 18-35 |
Journal | Legal Studies |
Volume | 39 |
Issue number | 1 |
Early online date | 5 Dec 2018 |
DOIs | |
Publication status | Published - 1 Mar 2019 |
Keywords / Materials (for Non-textual outputs)
- abortion law
- biography
- health care law
- legal history
- Abortion Act 1967
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Gayle Davis
- School of History, Classics and Archaeology - Personal Chair of the History of Medicine
- History
Person: Academic: Research Active