Law in Theory and History: New Essays on a Neglected Dialogue
Editat de Dr Maksymilian Del Mar, Dr Michael Lobbanen Limba Engleză Hardback – 16 noi 2016
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Specificații
ISBN-13: 9781849467995
ISBN-10: 1849467994
Pagini: 368
Dimensiuni: 156 x 234 x 27 mm
Greutate: 0.73 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1849467994
Pagini: 368
Dimensiuni: 156 x 234 x 27 mm
Greutate: 0.73 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
Brings together legal historians and theorists to explore the relationshipbetween their respective disciplines.
Notă biografică
Maksymilian Del Mar is Professor of Legal Theory at Queen Mary University of London Michael Lobban is Professor of Legal History at the London School of Economics and Political Science.
Cuprins
Part I: Introducing the Dialogue Between Legal Theory and Legal History1. Legal Theory and Legal History: Prospects for Dialogue Michael Lobban2. Beyond Universality and Particularity, Necessity and Contingency: On Collaboration Between Legal Theory and Legal History Maks Del Mar3. Legal Theory and Legal History: A View from Anthropology Fernanda Pirie4. Legal Theory and Legal History: Which Legal Theory? Sionaidh Douglas-ScottPart II: Methodology and Historiography5. Historicism and Materiality in Legal Theory Christopher Tomlins6. Legal Consciousness: A Metahistory Jonathan Gorman7. Modelling Law Diachronically: Temporal Variability in Legal Theory Maks Del Mar8. Is Comparative Law Necessary for Legal Theory? John BellPart III: The History of Theory9. Reading Juristic Theories In and Beyond Historical Context: The Case of Lundstedt's Swedish Legal Realism Roger Cotterrell10. Legal Realism and Natural Law Dan Priel and Charles Barzun11. The Role of Rules: Legal Maxims in Early-modern Common Law Principle and Practice Ian Williams12. Theory in History: Positivism, Natural Law and Conjectural History in Seventeenth- and Eighteenth-century English Legal Thought Michael LobbanPart IV: Uses and Limits of Theory in History13. Legal History and Legal Theory Shaking Hands: Towards a Gentleman's Agreement About a Definition of the State Jean-Louis Halpérin and Pierre Brunet14. Law, Self-interest, and the Smithian Conscience Joshua Getzler15. The Practical Dimension of Legal Reasoning Stephen Waddams16. Corrective Justice-An Idea Whose Time Has Gone? Steve HedleyAfterword17. How History Bears on Jurisprudence Brian Z Tamanaha
Recenzii
This collection of essays provides benefits to legal theorists and legal historians, and choristers and non-choristers, alike. The collection achieves the editors' aim of extolling the virtues of considering the lessons that can be shared between legal theory and legal history.
... an excellent and thought-provoking book ... a range of considerations and practical difficulties bringing theory and history together are well problematized and explored in a number of chapters. The reader finishes this book with a sense of the potential for interdisciplinary research both between theory and history, and with wider disciplines. One is left with the feeling that interdisciplinary researchers now have some additional material to add to their arsenal, and should feel bolstered in their belief that legal theory and history are excellent bedfellows.
It is a complex volume and encompasses a number of different understandings of what a renewed rapport between legal theory and history might entail, but its most compelling claim is that there were not two schools of jurisprudence or legal theory in the twentieth-century, but three: as well as positivism and natural law, there was the "historical" school.
... a fascinating and stimulating collection of papers that ought certainly to remind legal theorists that there is much more to their subject than the standard names that seem to dominate many jurisprudence courses.
The volume is an important contribution to the topic, which has seen something of a resurgence lately and one from which both legal theorists and legal historians will greatly benefit.
Law in Theory and History offers much to the reader. It addresses issues of significant historical and theoretical interest from a ... variety of perspectives.
... an excellent and thought-provoking book ... a range of considerations and practical difficulties bringing theory and history together are well problematized and explored in a number of chapters. The reader finishes this book with a sense of the potential for interdisciplinary research both between theory and history, and with wider disciplines. One is left with the feeling that interdisciplinary researchers now have some additional material to add to their arsenal, and should feel bolstered in their belief that legal theory and history are excellent bedfellows.
It is a complex volume and encompasses a number of different understandings of what a renewed rapport between legal theory and history might entail, but its most compelling claim is that there were not two schools of jurisprudence or legal theory in the twentieth-century, but three: as well as positivism and natural law, there was the "historical" school.
... a fascinating and stimulating collection of papers that ought certainly to remind legal theorists that there is much more to their subject than the standard names that seem to dominate many jurisprudence courses.
The volume is an important contribution to the topic, which has seen something of a resurgence lately and one from which both legal theorists and legal historians will greatly benefit.
Law in Theory and History offers much to the reader. It addresses issues of significant historical and theoretical interest from a ... variety of perspectives.