Full Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation.
Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Contents
Introduction
Part I Contexts: Locating Legal History
1: Maks Del Mar: Philosophical Analysis and Historical Inquiry: Theorising Normativity, Law and Legal Thought
2: Ron Harris: The History and Historical Stance of Law and Economics
3: Günter Frankenberg: Critical Histories of Comparative Law
4: Simon Stern: Literary Analysis of Law
5: Marianne Constable and Samera Esmeir: Rhetoric and the Possibilities of Legal History
Part II Approaches: Conceptualizing Legal History
6: Markus Dubber: Legal History as Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law
7: Laura F. Edwards: Law as Social History
8: Roy Kreitner: Legal History as Political History
9: Assaf Likhovski: The Intellectual History of Law
10: Joshua Getzler: Legal History as Doctrinal History
11: Bryan Wagner: Historical Method in the Study of Law and Culture
12: Anne Fleming: Legal History as Economic History
13: Carolyn Strange: Femininities and Masculinities: Looking Backward and Moving Forward in Criminal Legal Historical Gender Research
14: Angela Fernandez: Legal history as the History of Legal Texts
15: Katharina Isabel Schmidt: From Evolutionary Functionalism to Critical Transnationalism: Comparative Legal History, Aristotle to Present
16: Renisa Mawani: Archival Legal History: Toward the Ocean as Archive
17: Elizabeth Dale: Spelunking, or, Some Meditations on the New Presentism
18: Paul D. Halliday: Legal History: Taking the Long View
19: Daniel Klerman: Quantitative Legal History
PART III Perspectives: Legal History in Modern Legal Thought
20: John V. Orth: Blackstone
21: Philip Schofield: Jeremy Bentham
22: Mathias Reimann: Historical Jurisprudence
23: Michael Lobban: Legal Formalism
24: Noga Morag-Levine: Sociological Jurisprudence and the Spirit of the Common Law
25: Dan Priel: The Return of Legal Realism
26: Catherine L. Fisk: &: Law Society in Historical Legal Research
27: Tom Johnson: Legal History and the Material Turn
28: Christopher Tomlins: Marxist Legal History
29: Justin Desautels-Stein: Structuralist and Poststructuralist Legal History
30: John Henry Schlegel: Sez Who? Critical Legal History without a Privileged Position
31: Emilios Christodoulidis and Johan van der Walt: Critical Legal Studies: Europe
32: Maria Drakopoulou: Feminist Historiography of Law: An Exposition and Proposition
33: H. Timothy Lovelace, Jr.: Critical Race Theory and the Political Uses of Legal History
34: David Minto: Queering Law's Empire: Domination and Domain in the Sexing Up of Legal History
PART IV Traditions: Tracing Legal History
35: Clifford Ando: Roman Law
36: Karl Shoemaker: Medieval Canon Law
37: Kunal M. Parker: The Transformation of the Common Law: Modernism, History, and the Turn to Process
38: Heikki Pihlajamäki: Tracing Legal History in Continental Civil Law
39: Steven Wilf: Jewish Law
40: Lena Salaymeh: Historical Research on Islamic Law
41: Tahirih V. Lee: 'By the Light of the Moon': Looking for China's Rich Legal Tradition
42: Shaunnagh Dorsett: Aboriginal and Indigenous Law in Australia and New Zealand)
43: Thomas Duve: Indigenous Rights in Latin America
44: Mitra Sharafi: Indian Law
45: Doreen Lustig: Governance Histories of International Law
46: Paul McHugh: Imperial law: the Legal Historian and the Trials and Tribulations of an Imperial Past
PART V Illustrations: Doing Things with Legal History
47: Gerry Leonard: A History of Violence: American Constitutional History and the Criminal System
48: Alfred L. Brophy: Historical Analysis in Property Law
49: Anat Rosenberg: What Do Contracts Histories Tell Us About Capitalism: From Origins and Distribution, to the Body and the Nation
50: Arlie Loughnan: Historical Analysis in Criminal Law: a Counter-History of Criminal Trial Verdicts
51: Martin Loughlin: The Historical Method in Public Law
52: David Schorr: Historical Analysis in Environmental Law
53: Norman W. Spaulding: Redeeming the American Founding?
54: Peter Lindseth: Foundings: Europe
55: R.P. Boast: Adjudication of Indigenous-Settler Relations
56: Leora Bilsky and Rachel Klagsbrun: Cultural Genocide: between Law and History
57: Sam Erman and Nathan Perl-Rosenthal: Historians' Amicus Briefs: Practice and Prospect
