Law in Theory and History

by Maksymilian Del Mar
Law in Theory and History
Author: Maksymilian Del Mar
Publisher: Bloomsbury Publishing
Total Pages: 584
Release: 2016-11-17
Genre: Law
ISBN: 1509903879
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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.

Legal Theory and Legal History

by Alfred William Brian Simpson
Legal Theory and Legal History
Author: Alfred William Brian Simpson
Publisher: A&C Black
Total Pages: 458
Release: 1987-01-01
Genre: Law
ISBN: 9780907628835
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Reason, Revelation and Law in Islamic and Western Theory and History

by R. Charles Weller
Reason, Revelation and Law in Islamic and Western Theory and History
Author: R. Charles Weller
Publisher: Springer Nature
Total Pages: 174
Release: 2021-02-24
Genre: Religion
ISBN: 9811562458
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This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences.

A Historical Introduction to English Law

by Russell Sandberg
A Historical Introduction to English Law
Author: Russell Sandberg
Publisher: Cambridge University Press
Total Pages: 295
Release: 2023-04-30
Genre: History
ISBN: 110709058X
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Designed for those studying law for the first time, this book explores where the English common law came from.

The Oxford Handbook of Legal History

by Markus D. Dubber
The Oxford Handbook of Legal History
Author: Markus D. Dubber
Publisher: Oxford University Press
Total Pages: 1254
Release: 2018-07-26
Genre: Law
ISBN: 0192513141
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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.

Handbook of Historical Sociology

by Gerard Delanty
Handbook of Historical Sociology
Author: Gerard Delanty
Publisher: SAGE
Total Pages: 438
Release: 2003-06-23
Genre: History
ISBN: 9780761971733
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Systematic and informative, this book is a complete and authoritative guide to historical sociology in three parts foundations, different approaches and major substantive themes.

International Law Theories

by Andrea Bianchi
International Law Theories
Author: Andrea Bianchi
Publisher: Oxford University Press
Total Pages: 337
Release: 2016
Genre: Law
ISBN: 0198725116
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Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water ' His friend looks at him with great scepticism: 'Water? What's that? Show me some water ' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

The Methodology of Legal Theory

by Michael Giudice
The Methodology of Legal Theory
Author: Michael Giudice
Publisher: Routledge
Total Pages: 559
Release: 2017-07-05
Genre: History
ISBN: 1351542621
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The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.