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Law in Theory and History: New Essays on a Neglected Dialogue

Law in Theory and History: New Essays on a Neglected Dialogue


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About the Book

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.

Table of Contents:
Part I: Introducing the Dialogue Between Legal Theory and Legal History 1. Legal Theory and Legal History: Prospects for Dialogue Michael Lobban 2. Beyond Universality and Particularity, Necessity and Contingency: On Collaboration Between Legal Theory and Legal History Maks Del Mar 3. Legal Theory and Legal History: A View from Anthropology Fernanda Pirie 4. Legal Theory and Legal History: Which Legal Theory? Sionaidh Douglas-Scott Part II: Methodology and Historiography 5. Historicism and Materiality in Legal Theory Christopher Tomlins 6. Legal Consciousness: A Metahistory Jonathan Gorman 7. Modelling Law Diachronically: Temporal Variability in Legal Theory Maks Del Mar 8. Is Comparative Law Necessary for Legal Theory? John Bell Part III: The History of Theory 9. Reading Juristic Theories In and Beyond Historical Context: The Case of Lundstedt's Swedish Legal Realism Roger Cotterrell 10. Legal Realism and Natural Law Dan Priel and Charles Barzun 11. The Role of Rules: Legal Maxims in Early-modern Common Law Principle and Practice Ian Williams 12. Theory in History: Positivism, Natural Law and Conjectural History in Seventeenth- and Eighteenth-century English Legal Thought Michael Lobban Part IV: Uses and Limits of Theory in History 13. Legal History and Legal Theory Shaking Hands: Towards a Gentleman's Agreement About a Definition of the State Jean-Louis Halpérin and Pierre Brunet 14. Law, Self-interest, and the Smithian Conscience Joshua Getzler 15. The Practical Dimension of Legal Reasoning Stephen Waddams 16. Corrective Justice-An Idea Whose Time Has Gone? Steve Hedley Afterword 17. How History Bears on Jurisprudence Brian Z Tamanaha

About the Author :
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.

Review :
... 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. 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. 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.


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Product Details
  • ISBN-13: 9781509903870
  • Publisher: Bloomsbury Publishing PLC
  • Publisher Imprint: Hart Publishing
  • Language: English
  • Sub Title: New Essays on a Neglected Dialogue
  • ISBN-10: 1509903879
  • Publisher Date: 17 Nov 2016
  • Binding: Digital (delivered electronically)
  • No of Pages: 368


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