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As a field of study, legal history has an unsteady place in Australian law schools yet academic research and writing in the field of legal history and at the intersections of the disciplines of ‘law’ and ‘history’ is undergoing something of a renaissance, with rich and vibrant new works regularly appearing in specialist journals and scholarly monographs. This collection seeks to reinvigorate the study of history within the law school curriculum, by showcasing what students of the law can achieve when, addressing topics from the use of Magna Carta as history and precedent in sixteenth-century England to the political manoeuvres behind the failed impeachment of President Bill Clinton in late twentieth-century America, they seek to understand legal processes and institutions historically. The volume comprises outstanding legal history papers authored by graduate (final year JD) students in the Melbourne Law School. This collection is dedicated to two women who championed the teaching of legal history at the Melbourne Law School in the 1960s—Dr Ruth Campbell and Mrs Betty Hayes.
Combining theoretical work with careful historical description and analysis of new data sources, History Matters makes a strong case for a more historical approach to economics, both by argument and by example. Seventeen original essays, written by distinguished economists and economic historians, use economic theory and historical cases to explore how and why "history matters." The chapters, which range in subject matter from the economic theory of irreversible investment to the nineteenth-century decline in U.S. rural fertility to the English poor law reform, are unified by three themes. The first explores the significance, causes, and consequences of path dependence in the evolution of technology and institutions. The second relates to the ways in which economic and political behavior are profoundly shaped and constrained by the cultural and political context inherited from history at a particular point in time. The final theme demonstrates the importance of integrating economic theory into historical research in the gathering and interpretation of data.
"All human beings are practicing historians," writes Gerda Lerner. "We live our lives; we tell our stories. It is as natural as breathing." It is as important as breathing, too. History shapes our self-definition and our relationship to community; it locates us in time and place and helps to give meaning to our lives. History can be the vital thread that holds a nation together, as demonstrated most strikingly in the case of Jewish history. Conversely, for women, who have lived in a world in which they apparently had no history, its absence can be devastating. In Why History Matters, Lerner brings together her thinking and research of the last sixteen years, combining personal reminiscences with innovative theory that illuminate the importance of history and the vital role women have played in it. Why History Matters contains some of the most significant thinking and writing on history that Lerner has done in her entire career--a summation of her life and work. The chapters are divided into three sections, each widely different from the others, each revelatory of Lerner as a woman and a feminist. We read first of Lerner's coming to consciousness as a Jewish woman. There are moving accounts of her early life as a refugee in America, her return to Austria fifty years after fleeing the Nazis (to discover a nation remarkable both for the absence of Jews and for the anti-Semitism just below the surface), her slow assimilation into American life, and her decision to be a historian. If the first section is personal, the second focuses on more professional concerns. Included here is a fascinating essay on nonviolent resistance, tracing the idea from the Quakers (such as Mary Dyer), to abolitionists such as Theodore Dwight Weld (the "most mobbed man" in America), to Thoreau's essay Civil Disobedience, then across the sea to Tolstoy and Gandhi, before finally returning to America during the civil rights movement of the 1950s. There are insightful essays on "American Values" and on the tremendous advances women have made in the twentieth century, as well as Lerner's presidential address to the Organization of American Historians, which outlines the contributions of women to the field of history and the growing importance of women as a subject of history. The highlight of the final section of the book is Lerner's bold and innovative look at the issues of class and race as they relate to women, an essay that distills her thinking on these difficult subjects and offers a coherent conceptual framework that will prove of lasting interest to historians and intellectuals. A major figure in women's studies and long-term activist for women's issues, a founding member of NOW and a past president of the Organization of American Historians, Gerda Lerner is a pioneer in the field of Women's History and one of its leading practitioners. Why History Matters is the summation of the work and thinking of this distinguished historian.
The Matter of History links the history of people with the history of things through a bold new materialist theory of the past.
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.
A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.
Written for everyone interested in women's and gender history, History Matters reaffirms the importance to feminist theory and activism of long-term historical perspectives. Judith M. Bennett, who has been commenting on developments in women's and gender history since the 1980s, argues that the achievement of a more feminist future relies on a rich, plausible, and well-informed knowledge of the past, and she asks her readers to consider what sorts of feminist history can best advance the struggles of the twenty-first century. Bennett takes as her central problem the growing chasm between feminism and history. Closely allied in the 1970s, each has now moved away from the other. Seeking to narrow this gap, Bennett proposes that feminist historians turn their attention to the intellectual challenges posed by the persistence of patriarchy. She posits a "patriarchal equilibrium" whereby, despite many changes in women's experiences over past centuries, women's status vis-à-vis that of men has remained remarkably unchanged. Although, for example, women today find employment in occupations unimaginable to medieval women, medieval and modern women have both encountered the same wage gap, earning on average only three-fourths of the wages earned by men. Bennett argues that the theoretical challenge posed by this patriarchal equilibrium will be best met by long-term historical perspectives that reach back well before the modern era. In chapters focused on women's work and lesbian sexuality, Bennett demonstrates the contemporary relevance of the distant past to feminist theory and politics. She concludes with a chapter that adds a new twist—the challenges of textbooks and classrooms—to viewing women's history from a distance and with feminist intent. A new manifesto, History Matters engages forthrightly with the challenges faced by feminist historians today. It argues for the radical potential of a history that is focused on feminist issues, aware of the distant past, attentive to continuities over time, and alert to the workings of patriarchal power.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Based on the popular "History Matters" Web site developed by the Center for History and New Media, this unique resource combines reviews of 250 of the most useful and reliable U.S. history Web sites with an introduction that guides students in locating, evaluating, and correctly citing online sources. Chosen and annotated by a group of Internet-savvy scholars, the Web sites offer opportunities for researching broad themes as well as special topics and regions. They feature a range of sources, including primary documents, maps, art, photographs, statistics, and audio and video recordings. The informative introduction and intelligent apparatus help students make the most of these resources.