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Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that legal change on a larger scale is possible. Far from being archaic, this recasts legal history as being anarchic. Subversive Legal History is not a type of Legal History but is its defining characteristic if it is to be a central part of Law School life. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. This book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but also to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.
The trouble with law schools -- The problem with legal history -- Subversive legal history -- The F in feminist legal history -- The perils of periodisation -- Counterfactual legal history -- The parallel world of legal geography -- We are all legal historians now.
Contributes to a neglected topic in Irish literary and cultural history--the modes of protest and cultural forms available to the subaltern classes under landlordism. Using the economic writings of figures like John Stuart Mill and George Campbell and such literary works as Emily Lawless's 'Hurrish, ' Heather Laird shows that the so-called unwritten "agrarian code" of popular justice, though often depicted as anarchic and pathological, was pro-social as opposed to anti-social, emanating from an alternative moral code whose very existence undermined the legitimacy of the colonial civil law. The book explores this clash of legal systems and the resulting crisis in law administration.--From publisher's description.
In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert – the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.
There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.
This incisive book delineates the development of Law and Religion as a sub-discipline, critically reflecting on the author’s own role in constructing the field. It develops a subversive social systems theory in order to take both law and religion seriously and to challenge them equally.
"A dauntingly ambitious, obsessively researched" (Los Angeles Times) global history of music that reveals how songs have shifted societies and sparked revolutions. Histories of music overwhelmingly suppress stories of the outsiders and rebels who created musical revolutions and instead celebrate the mainstream assimilators who borrowed innovations, diluted their impact, and disguised their sources. In Music: A Subversive History, Ted Gioia reclaims the story of music for the riffraff, insurgents, and provocateurs. Gioia tells a four-thousand-year history of music as a global source of power, change, and upheaval. He shows how outcasts, immigrants, slaves, and others at the margins of society have repeatedly served as trailblazers of musical expression, reinventing our most cherished songs from ancient times all the way to the jazz, reggae, and hip-hop sounds of the current day. Music: A Subversive History is essential reading for anyone interested in the meaning of music, from Sappho to the Sex Pistols to Spotify.
This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.
Subversive Action presents cases that explore the use of extralegal action undertaken in pursuit of human rights and social justice, and locate that action with reference to the boundaries of social work. Definitions of social work often include goals of social change, social justice, empowerment, and the liberation of people, but social work texts make little mention of extralegal actions. Mainstream conceptions of social work usually consider it to fall within the framework of particular legal and societal contexts. As such, it is presented with boundaries for legitimate action even as it espouses principles that may require it to challenge these boundaries. How does one do social work in legal and societal contexts that challenge these principles with institutional and state-mandated exclusion and discrimination? Should social workers simply act within the bounds of the law in line with their professional sanction and mandate? Do their actions qualify as social work if they are beyond the limits of the law? The essays in this volume, by authors from around the world, raise these questions by providing a basis for reflection about the claims we make in social work embodied in discourses on social justice and human rights.
Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.