Studies in History and Jurisprudence
Author : James Bryce Bryce (Viscount)
Publisher :
Page : 482 pages
File Size : 16,52 MB
Release : 1901
Category : Australia
ISBN :
Law's History
Author : David M. Rabban
Publisher : Cambridge University Press
Page : 585 pages
File Size : 38,7 MB
Release : 2013
Category : History
ISBN : 0521761913
Book Description
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Studies in History and Jurisprudence, Vol. 2
Author : James Bryce
Publisher : Jazzybee Verlag
Page : 553 pages
File Size : 35,59 MB
Release : 2017
Category : Law
ISBN : 3849650162
Book Description
This volume contains a collection of studies composed at different times over a long series of years. It treats of diverse topics: yet through many of them there runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. The author has handled this comparison from several points of view, applying it in one essay to the growth of the Roman and British Empires, in another to the extension over the world of their respective legal systems, in another to their Constitutions, in others to their legislation, in another to an important branch of their private civil law. The topic is one profitable to a student of the history of either nation; and it has not been largely treated by any writers before Bryce, as indeed few historians touch upon the legal aspects of history. This is volume two out of two.
Sir Henry Maine
Author : Raymond Cocks
Publisher : Cambridge University Press
Page : 236 pages
File Size : 28,71 MB
Release : 1988
Category : History
ISBN : 9780521524964
Book Description
A demonstration of the contemporary context and significance of Maine's approach to the law.
Comparative Legal History
Author : Olivier Moréteau
Publisher : Edward Elgar Publishing
Page : 513 pages
File Size : 47,43 MB
Release :
Category : Law
ISBN : 1781955220
Book Description
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Jurists and Jurisprudence in Medieval Italy
Author : Osvaldo Cavallar
Publisher : University of Toronto Press
Page : 894 pages
File Size : 40,34 MB
Release : 2020-10-01
Category : History
ISBN : 1487536348
Book Description
Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.
Common Law, History, and Democracy in America, 1790-1900
Author : Kunal M. Parker
Publisher : Cambridge University Press
Page : 318 pages
File Size : 42,39 MB
Release : 2011-03-14
Category : History
ISBN : 9780521519953
Book Description
This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Making Legal History
Author : Anthony Musson
Publisher : Cambridge University Press
Page : pages
File Size : 34,78 MB
Release : 2012-01-26
Category : Law
ISBN : 1139505238
Book Description
Drawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.
Subversive Legal History
Author : Russell Sandberg
Publisher :
Page : 0 pages
File Size : 34,21 MB
Release : 2021
Category : Law
ISBN : 9781032044415
Book Description
The trouble with law schools -- The problem with legal history -- Subversive legal history -- The F in feminist legal history -- The perils of periodisation -- Counterfactual legal history -- The parallel world of legal geography -- We are all legal historians now.
The Oxford Handbook of Legal History
Author : Markus D. Dubber
Publisher : Oxford University Press
Page : 1201 pages
File Size : 45,97 MB
Release : 2018-08-02
Category : Law
ISBN : 0192513133
Book 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.
