The Oxford handbook of legal history / edited by Markus D. Dubber and Christopher Tomlins.

Oxford : Oxford University Press, 2018.

1st edition

88655

Law -- History -- Research.

Law -- History -- Research -- Methodology.

PART I: Contexts: locating legal history

1. Philosophical Analysis and Historical Inquiry: Theorizing Normativity, Law, and Legal Thought

2. The History and Historical Stance of Law and Economics

3. Critical Histories of Comparative Law

4. Literary Analysis of Law

5. Rhetoric and the Possibilities of Legal History

PART II: Approaches: conceptualizing legal history

6. Legal History as Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law

7. Law as Social History

8. Legal History as Political History

9. The Intellectual History of Law

10. Legal History as Doctrinal History

11. Historical Method in the Study of Law and Culture

12. Legal History as Economic History

13. Femininities and Masculinities: Looking Backward and Moving Forward in Criminal Legal Historical Gender Research

14. Legal History as the History of Legal Texts

15. From Evolutionary Functionalism to Critical Transnationalism: Comparative Legal History, Aristotle to Present

16. Archival Legal History: Towards the Ocean as Archive

17. Spelunking, or, Some Meditations on the New Presentism

18. Legal History: Taking the Long View

19. Quantitative Legal History

PART III: Perspectives: legal history in modern legal thought

20. Blackstone

21. Jeremy Bentham (1748-1832)

22. Historical Jurisprudence

23. Legal Formalism

24. Sociological Jurisprudence and the Spirit of the Common

25. The Return of Legal Realism

26. &: Law_ Society in Historical Legal Research

27. Legal History and the Material Turn

28. Marxist Legal History

29. Structuralist and Post-Structuralist Legal History

30. Sez Who? Critical Legal History without a Privileged

31. Critical Legal Studies: Europe

32. Feminist Historiography of Law: An Exposition and Proposition

33. Critical Race Theory and the Political Uses of Legal History

34. Queering Law's Empire: Domination and Domain in the Sexing Up of Legal History

PART IV: Traditions: tracing legal history

35. Roman Law

36. Medieval Canon Law

37. The Transformation of the Common Law: Modernism, History, and the Turn to Process

38. Tracing Legal History in Continental Civil Law

39. Jewish Law

40. Historical Research on Islamic Law

41. 'By the Light of the Moon': Looking for China's Rich Legal Tradition

42. Traditions: Tracing Legal History, Aboriginal/Indigenous Law (Australia/New Zealand)

43. Indigenous Rights: Latin America

44. Indian Law

45. Governance Histories of International Law

46. Imperial Law: The Legal Historian and the Trials and Tribulations of an Imperial Past

PART V: Illustrations: doing things with legal history

47. A History of Violence: American Constitutional History and the Criminal System

48. Doing Things with Legal History: Historical Analysis in Property Law

49. What Do Contracts Histories Tell Us About Capitalism?From Origins and Distribution, to the Body and the Nation

50. Historical Analysis in Criminal Law: A Counter-History of Criminal Trial Verdicts

51. The Historical Method in Public Law

52. Historical Analysis in Environmental Law

53. Redeeming the American Founding?

54. Foundings: European Integration

55. Adjudication of Indigenous-Settler Relations

56. Cultural Genocide: Between Law and History

57. Historians' Amicus Briefs: Practice and Prospect.

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. - Publisher's website.

9780198794356

xviii, 1182 pages ; 26 cm