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This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author's interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns.
This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author’s interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns.
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn’t trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans’ thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do—and LaChance argues, fascinatingly, that it’s the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to efforts to end cruelty to children and animals. They highlight problems both national and international in their implication. From different disciplines and theoretical positions, they illustrate the diverse and complex study of law’s history.
Bailyn, a professor at Harvard and winner of the Pulitzer Prize, writes of the impossibility of teaching history without bias, and that history itself is constantly open to new interpretations and viewpoints.
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
DIV A collection of ten essays paired with substantial prefaces, this book chronicles and contextualizes Roger Cooter’s contributions to the history of medicine. Through an analysis of his own work, Cooter critically examines the politics of conceptual and methodological shifts in historiography. In particular, he examines the “double bind” of postmodernism and biological or neurological modeling that, together, threaten academic history. To counteract this trend, suggests Cooter, historians must begin actively locating themselves in the problems they consider. The essays and commentaries constitute a kind of contour map of history’s recent trends and trajectories—its points of passage to the present—and lead both to a critical account of the discipline’s historiography and to an examination of the role of intellectual frameworks and epistemic virtues in the writing of history. /div
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.