Author: Robert W. Gordon
Publisher: Cambridge University Press
Release Date: 2017-06-30
Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.
Author: Paul Vinogradoff
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1913
Vinogradoff, Paul, editor. Essays in Legal History Read Before the International Congress of Historical Studies Held in London in 1913. London: Oxford University Press, 1913. viii, 396 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-351-0. Cloth. $85. * Complete text of papers read at the International Congress, in their native tongue, edited by Paul Vinogradoff, who presided over the section. The collection of 20 includes essays given by Gierke, Hazeltine, and Huebner, as well as "The Numismatic Illustrations of the History of Roman Law" by E. C. Clark, "The Transformation of Equity" by Sir Frederick Pollock, "The Influence of Coke on the Development of English Law" by W.S. Holdsworth, and "La Maxime Princeps Legibus Solutus est dans l'ancien Droit public francais" by E. Esmein.
Author: Tracy A. Thomas
Publisher: NYU Press
Release Date: 2011-04-04
Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women’s interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women’s legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment. Feminist Legal History represents feminist legal historians’ efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton’s notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case. Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp
Author: Michael Stolleis
Publisher: CRC Press
Release Date: 2008-09-25
Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.
Author: Maksymilian Del Mar
Publisher: Bloomsbury Publishing
Release Date: 2016-11-17
This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two discplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.
'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.
Author: Steven Wilf
Release Date: 2017-07-05
Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.
Author: Sir William Searle Holdsworth
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1995
Holdsworth, William S. Essays in Law and History. Edited by A.L. Goodhart and H.G. Hanbury. Oxford: At the Clarendon Press, 1946. xv, 302 pp. Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN 99-047234. ISBN 1-886363-13-7. Cloth. $75. * This volume collects seventeen essays the great legal scholar wrote over the course of his very prolific career. Topics chosen include martial law, the English constitution, case law, equity, trusts, libel, law reporting in the nineteenth- and twentieth-centuries, contract and land law, among others. "The constitutional historian, the international lawyer, the real property expert, the common law practitioner, the civilian and even the general reader will each find something to his address. It is a book to browse and enjoy at leisure.": Law Quarterly Review 64:120-2. The book concludes with a table of cases and name and general indexes.
Author: R. B. Bernstein
Publisher: NYU Press
Release Date: 2013-09-20
One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.
Author: G. Edward White
Publisher: Oxford University Press on Demand
Release Date: 1994-01-01
This collection of essays by G. Edward White provides, in one place, discussion of a number of the substantive issues of current interest in American legal history and jurisprudence. Ranging through a diverse body of subjects, including "doing history" (methodology and practice), judicial review, and the politics of jurisprudence, the author both explores important topics and raises critical issues affecting the process of writing legal history. Topics include the nature and process of "revisionism" in historical writing, the role of lawyers in the New Deal, the roles of evidence and interpretation in legal history, critical theory, the significance of the Supreme Court in American culture, the historiography of the Marshall Court, and the career of Justice Oliver Wendell Holmes. Written by one of the nation's preeminent legal historians, Intervention and Detachment skillfully integrates the theoretical and the concrete, offering scholars and students a vital survey of modern American legal history.
Author: Philip Girard
Publisher: University of Toronto Press
Release Date: 2011-10-01
This third volume of Essays in the History of Canadian Law presents thoroughly researched, original essays in Nova Scotian legal history. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss the juridical failure of the Annapolis regime, present a collective biography of the province's superior court judiciary to 1900, and examine the property rights of married women in the nineteenth century. The second section deals with criminal law, exploring vagrancy laws in Halifax in the late nineteenth century, aspects of prisons and punishments before 1880, and female petty crime in Halifax. The third section, on family law, examines the issues of divorce from 1750 to 1890 and child custody from 1866 to 1910. Finally, two essays relate to law and the economy: one examines the Mines Arbitration Act of 1888; the other considers the question of private property and public resources in the context of the administrative control of water in Nova Scotia.