The Oxford Handbook of Legal History
Series: Oxford Handbooks;
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 August 2018
- ISBN 9780198794356
- Binding Hardback
- No. of pages1202 pages
- Size 254x180x62 mm
- Weight 1976 g
- Language English 0
Categories
Short description:
Some of the most exciting, and innovative, legal scholarship over the past few decades has been driven by historical curiosity. This Handbook offers a fascinating compendium of methodological studies from the field of legal history.
MoreLong 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.
[T]he team have completed their trip around legal history brilliantly and, to use a phrase, have thankfully left no stone unturned.
Table of Contents:
Introduction
Part I Contexts: Locating Legal History
Philosophical Analysis and Historical Inquiry: Theorising Normativity, Law and Legal Thought
The History and Historical Stance of Law and Economics
Critical Histories of Comparative Law
Literary Analysis of Law
Rhetoric and the Possibilities of Legal History
Part II Approaches: Conceptualizing Legal History
Legal History as Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law
Law as Social History
Legal History as Political History
The Intellectual History of Law
Legal History as Doctrinal History
Historical Method in the Study of Law and Culture
Legal History as Economic History
Femininities and Masculinities: Looking Backward and Moving Forward in Criminal Legal Historical Gender Research
Legal history as the History of Legal Texts
From Evolutionary Functionalism to Critical Transnationalism: Comparative Legal History, Aristotle to Present
Archival Legal History: Toward the Ocean as Archive
Spelunking, or, Some Meditations on the New Presentism
Legal History: Taking the Long View
Quantitative Legal History
PART III Perspectives: Legal History in Modern Legal Thought
Blackstone
Jeremy Bentham
Historical Jurisprudence
Legal Formalism
Sociological Jurisprudence and the Spirit of the Common Law
The Return of Legal Realism
&: Law _ Society in Historical Legal Research
Legal History and the Material Turn
Marxist Legal History
Structuralist and Poststructuralist Legal History
Sez Who? Critical Legal History without a Privileged Position
Critical Legal Studies: Europe
Feminist Historiography of Law: An Exposition and Proposition
Critical Race Theory and the Political Uses of Legal History
Queering Law's Empire: Domination and Domain in the Sexing Up of Legal History
PART IV Traditions: Tracing Legal History
Roman Law
Medieval Canon Law
The Transformation of the Common Law: Modernism, History, and the Turn to Process
Tracing Legal History in Continental Civil Law
Jewish Law
Historical Research on Islamic Law
'By the Light of the Moon': Looking for China's Rich Legal Tradition
Aboriginal and Indigenous Law in Australia and New Zealand)
Indigenous Rights in Latin America
Indian Law
Governance Histories of International Law
Imperial law: the Legal Historian and the Trials and Tribulations of an Imperial Past
PART V Illustrations: Doing Things with Legal History
A History of Violence: American Constitutional History and the Criminal System
Historical Analysis in Property Law
What Do Contracts Histories Tell Us About Capitalism: From Origins and Distribution, to the Body and the Nation
Historical Analysis in Criminal Law: a Counter-History of Criminal Trial Verdicts
The Historical Method in Public Law
Historical Analysis in Environmental Law
Redeeming the American Founding?
Foundings: Europe
Adjudication of Indigenous-Settler Relations
Cultural Genocide: between Law and History
Historians' Amicus Briefs: Practice and Prospect
