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.
- Paul Burgess Doctoral candidate, University of Edinburgh, Edinburgh Law 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.
- Cerian Charlotte Griffiths, Lancaster University, The Journal of 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.
- Tim Rogan, The Cambridge Law Journal
... 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.
- Geoffrey Samuel, Professor of Law, Kent Law School, Comparative Legal History
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.
- Shivprasad Swaminathan, The Canadian Journal of Law & Jurisprudence
<i>Law in Theory and History</i> offers much to the reader. It addresses issues of significant historical and theoretical interest from a ... variety of perspectives.
- David Fraser, University of Nottingham, Modern Law Review
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
Brings together legal historians and theorists to explore the relationship
between their respective disciplines.
Produktdetaljer
Om bidragsyterne
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.