The studies collected in this volume show that by careful analysis of the texts and the chains of transmission, the history of Muslim traditions can be reconstructed with a high degree of probability
Scholars of history and law present research that is original but to a greater or lesser extent inspired by Brand (English legal history, Oxford U.). Among the topics are the transformation of the fie
A collection of contemporary research on Roman law, comparative law, and legal history. Chapters provide new insight on areas including translation and interpretation, actor and defendant in negato
In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide
In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide
This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework
David Daube (1909–1999) was an eminent authority on Talmudic, Roman and ancient law, who taught legal history and jurisprudence at Cambridge, Aberdeen, Oxford and Berkeley. He was also in the vanguard of scholars who established the importance of Jewish and Talmudic perspectives to the understanding of the New Testament. This book, first published in 1947 and now reissued, contains five ground-breaking essays on the legal issues present in a number of Old Testament narratives including the story of Joseph and his brothers. Among the topics discussed are theft, deception, evidence, liability and punishment. These are set in the wider context of the growth of codes in the Pentateuch, Rabbinic interpretations of the Torah, and Roman sources including Macrobius and Gaius. Daube's book will resonate afresh in the scholarly climate of the twenty-first century, where the relationships between law and religion and between Judaism and Christianity are again the subject of lively debate.
In this innovative book, historian Matthew Crow unpacks the legal and political thought of Thomas Jefferson as a tool for thinking about constitutional transformation, settler colonialism, and race and civic identity in the era of the American Revolution. Thomas Jefferson's practices of reading, writing, and collecting legal history grew out of broader histories of early modern empire and political thought. As a result of the peculiar ways in which he theorized and experienced the imperial crisis and revolutionary constitutionalism, Jefferson came to understand a republican constitution as requiring a textual, material culture of law shared by citizens with the cultivated capacity to participate in such a culture. At the center of the story in Thomas Jefferson, Legal History, and the Art of Recollection, Crow concludes, we find legal history as a mode of organizing and governing collective memory, and as a way of instituting a particular form of legal subjectivity.
Stolleis (public law and early modern legal history, Johann Wolfgang Goethe-University, Frankfurt am Main, Germany) examines the evolution of legal history, theory, and practice in Nazi Germany with s
This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear ap
Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes criss-crossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that 'capacity' was a term laden with legal meaning and competing communal values about family, race relations and rationality. These concepts evolved as Kentuc