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Law in theory and history : new essays on a neglected dialogue / edited by Maksymilian Del Mar and Michael Lobban.
Format
Book
Language
English
Published/Created
Oxford ; Portland, Oregon : Hart Publishing, 2016.
Description
xiv, 347 pages ; 24 cm
Availability
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Firestone Library - Stacks
K235 .L385 2016
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Details
Subject(s)
Law
—
Philosophy
[Browse]
Law
—
History
[Browse]
Jurisprudence
—
History
[Browse]
Editor
Del Mar, Maksymilian, 1979-
[Browse]
Lobban, Michael
[Browse]
Summary note
"This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas." --publisher's description.
Bibliographic references
Includes bibliographical references and index.
Contents
Legal theory and legal history : prospects for dialogue / Michael Lobban
Beyond universality and particularity, necessity, and contingency : on collaboration between legal theory and legal history / Maksymilian del Mar
Legal theory and legal history / Fernanda Pirie
Legal theory and legal history : which legal theory? / Sionaidh Douglas Scott
Historicism and materiality in legal theory / Christopher Tomlins
Legal consciousness : a metahistory / Jonathan Gorman
Modelling law diachronically : temporal variability in legal theory / Maksymilian del Mar
Is comparative law necessary for legal theory? / John Bell
Reading juristic theories in and beyond historical context : the case of Lundstedt's Swedish legal realism / Roger Cotterrell
Legal realism and natural law / Dan Priel and Charles Barzun
The role of rules : legal maxims in early-modern common law principle and practice / Ian Williams
Theory in history : positivism, natural law, and conjectural history in seventeenth- and eighteenth-century English legal thought / Michael Lobban
Legal history and legal theory shaking hands : towards a gentleman's agreement about a definition of the state / Pierre Brunet and Jean-Louis Halperin
Law, self-interest, and the Smithian conscience / Joshua Getzler
The practical dimension of legal reasoning / Stephen Waddams
Corrective Justice ? an idea whose time has gone? / Steve Hedley
How history does and does not bear on jurisprudence / Brian Z Tamanaha.
Show 14 more Contents items
ISBN
9781849467995 ((hbk.))
1849467994 ((hbk.))
9781509927975 ((paperback))
1509927972 ((paperback))
LCCN
2016034343
OCLC
917338805
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