- "These essays epitomize the deep and broad impact that William Nelson has had on the writing of American legal history.." - David Thomas Konig, Washington University in St. Louis - " Bill Nelson's influence] is displayed in this wonderful collection." - Larry Kramer, President, William & Flora Hewlett Foundation - "A fundamental contribution to our understanding of this country's legal history... Fine essays... A fitting tribute." - Stanley N. Katz, Princeton University "A wonderful offering." - Hendrik Hartog, Princeton University
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.
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Adopting a microhistory approach, Fair and Unfair Trials in the British Isles, 1800-1940 provides an in-depth examination of the evolution of the modern justice system. Drawing upon criminal cases and trials from England, Scotland, and Ireland, the book examines the errors, procedural systems, and the ways in which adverse influences of social and cultural forces impacted upon individual instances of justice. The book investigates several case studies of both justice and injustice which prompted the development of forensic toxicology, the implementation of state propaganda and an increased interest in press sensationalism. One such case study considers the trial of William Sheen, who was prosecuted and later acquitted of the murder of his infant child at the Old Baily in 1827, an extraordinary miscarriage of justice that prompted outrage amongst the general public. Other case studies include trials for treason, theft, obscenity and blasphemy. Nash and Kilday root each of these cases within their relevant historical, cultural, and political contexts, highlighting changing attitudes to popular culture, public criticism, protest and activism as significant factors in the transformation of the criminal trial and the British judicial system as a whole. Drawing upon a wealth of primary sources, including legal records, newspaper articles and photographs, this book provides a unique insight into the evolution of modern criminal justice in Britain.
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.
This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia