The Oxford Handbook of Legal History

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.

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.

Auteur
Markus D. Dubber is Professor of Law and Director of the Centre for Ethics at the University of Toronto. Much of Markus's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. He has published, as author or editor, eighteen books as well as over seventy papers; his work has appeared in English and German, and has been translated into Arabic, Chinese, Italian, Korean, Persian, and Spanish. His publications include Criminal Law: A Comparative Approach (with Tatjana Hörnle) (2014); The Oxford Handbook of Criminal Law (with Tatjana Hörnle) (2014); Foundational Texts in Modern Criminal Law (2014); The New Police Science: The Police Power in Domestic and International Governance (with Mariana Valverde) (2006); The Police Power: Patriarchy and the Foundations of American Government (2005); and Victims in the War on Crime (2002). Christopher Tomlins is the Elizabeth J. Boalt Professor of Law at the University of California, Berkeley. He joined the Berkeley Law faculty in 2014. Trained as a historian at The Johns Hopkins University, his teaching career began in 1980 at La Trobe University, Melbourne, where he was successively Lecturer, Senior Lecturer, and University Reader in Legal Studies. In 1992 Tomlins joined the research faculty of the American Bar Foundation, Chicago, where he remained until 2009, when he became Chancellor's Professor of Law at the University of California, Irvine. Tomlins' primary affiliation at Berkeley Law is to the Jurisprudence and Social Policy (Ph.D.) program, in which he teaches courses on the history and law of slavery, and on legal history. He also teaches in the undergraduate Legal Studies Program.

Contenu

• 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: and: 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 …