Read complete books and articles on: Legal History

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13 of the Best Books and Articles on: Legal History

as selected by Questia librarians

1.

A Short History of Western Legal Theory » Read Now
by J. M. Kelly. 470 pgs.

Collections: Philosophy, Entire Library

...unavailable in English, to the history of legal theory in the West and he was...scholar Stig Stromholms Short History of Legal Thinking in the West 1985...aesthetics, could...
2.

The Concept of a Legal System: An Introduction to the Theory of Legal System » Read Now
by Joseph Raz. 245 pgs.

Collections: Entire Library

What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this...
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What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.
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3.

Statutes in Court: The History and Theory of Statutory Interpretation » Read Now
by William D. Popkin. 344 pgs.

Collections: Entire Library

How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. In Statutes in...
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How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. In Statutes in Court William D. Popkin provides an indispensable survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion.
Popkin begins by discussing the British origins of statutory interpretation in this country. He then maps the evolving conceptions of the judicial role in the United States from Revolutionary times through the twentieth century before presenting his "ordinary judging" theory -- one that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Claiming that theory cannot account for everything a judge does when determining statutory meaning orwriting an,opinion, Popkin shows how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court fills that gap.
This work will be valuable to anyone concerned about the judicial role in the interpretation of laws -- from judiciary officials and law professors to legal historians and political scientists.
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4.

A Historical Introduction to the Law of Obligations » Read Now
by D. J. Ibbetson. 310 pgs.

Collections: Entire Library

The English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and...
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The English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdictions have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at leasttemporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering.In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of half-consistent tension; loose-knit rules of equity developedin the Chancery infiltrate themselves into more tightly controlled Common law structures. The result is a system shot through with inconsistencies and illogicalities, but with the resilience to adapt as necessary to take account of shifting pressures and changing circumstances.
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5.

Law and Revolution: The Formation of the Western Legal Tradition » Read Now
by Harold J. Berman. 657 pgs.

Collections: Entire Library
6.

The Magic Mirror: Law in American History » Read Now
by Kermit L. Hall. 404 pgs.

Collections: History, Entire Library

Chronicling American law from its English origins to the present, and offering for the first time comprehensive treatment of twentieth-century developments, this book sets American law and legal institutions in the broad context of social, economic, and political events, weaving together themes from...
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Chronicling American law from its English origins to the present, and offering for the first time comprehensive treatment of twentieth-century developments, this book sets American law and legal institutions in the broad context of social, economic, and political events, weaving together themes from the history of both constitutional and private law. The Magic Mirror treats law in society, and the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, the development of American federalism, and the rise of the legal profession. Hall pays close attention to the evolution of substantive law categories--such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure--and addresses the intellectual evolution of American law, surveying movements such as legal realism and critical legal studies. Hall concludes that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social and economic conflicts that first provoke demands for legal change.
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7.

Law and the Great Plains: Essays on the Legal History of the Heartland » Read Now
by John R. Wunder. 200 pgs.

Collections: History, Entire Library

The first book about the legal history of the Great Plains written by highly respected American scholars who challenge existing theories.
8.

Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 » Read Now
by Lauren Benton. 285 pgs.

Collections: History, Entire Library

This book advances a new perspective in world history, arguing that institutions and culture--and not just the global economy--serve as important elements of international order. Focusing on colonial legal politics and the interrelation of local cultural contests and institutional change, it uses...
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This book advances a new perspective in world history, arguing that institutions and culture--and not just the global economy--serve as important elements of international order. Focusing on colonial legal politics and the interrelation of local cultural contests and institutional change, it uses case studies to trace a shift in plural legal orders--from the multicentric law of early empires to the state-centered law of the colonial and postcolonial world. Benton shows how Indigenous subjects across time were active in making, changing, and interpreting the law--and, by extension, in shaping the international order.
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9.

European Law in the Past and the Future: Unity and Diversity over Two Millennia » Read Now
by R. C. Van Caenegem. 175 pgs.

Collections: Entire Library

As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R.C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The...
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As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R.C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.
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10.

A Constitutional and Legal History of England » Read Now
by Goldwin Smith. 566 pgs.

Collections: History, Entire Library
11.

History of Law in Japan since 1868 » Read Now
by Wilhelm Rohl. 848 pgs.

Collections: History, Entire Library

This handbook volume traces the development of Japan's feudal legal system into that of a modern type of a state, covering the period from the beginning of modernization in 1886 to the end of the Pacific War, and, beyond that, the period of reorientation (1945-1950) and thereafter. Each author...
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This handbook volume traces the development of Japan's feudal legal system into that of a modern type of a state, covering the period from the beginning of modernization in 1886 to the end of the Pacific War, and, beyond that, the period of reorientation (1945-1950) and thereafter. Each author follows closely the development of a main branch of the legal system, describing the path of a legal institution progressing through a semi-feudalistic period, the introduction of western views, as well as the coexistence and mixture of essentially Japanese and European or American notions at the same time. A careful analysis of Japan's dealings with its legal system through a time of unprecedented change, and therefore a must for historians and jurists alike.
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12.

The Making of South African Legal Culture, 1902-1936: Fear, Favour, and Prejudice » Read Now
by Martin Chanock. 571 pgs.

Collections: Entire Library

Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and "Rule of Law" questions. His revisionist analysis of...
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Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and "Rule of Law" questions. His revisionist analysis of the South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the refashioning of law under circumstances of postcolonialism and globalization.
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13.

A Legal History of Asian Americans, 1790-1990 » Read Now
by Hyung-Chan Kim. 204 pgs.

Collections: Entire Library

This book describes the historical and legal experiences of Americans of Asian ancestry who began to come to the United States in the mid-19th century. Like all immigrants in America, they arrived with hopes of making a better life and home in a free country. Instead, Asian-Americans have been...
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This book describes the historical and legal experiences of Americans of Asian ancestry who began to come to the United States in the mid-19th century. Like all immigrants in America, they arrived with hopes of making a better life and home in a free country. Instead, Asian-Americans have been mistreated and discriminated against by their fellow Americans--even by Congress and the Supreme Court, which should have made and judged laws without prejudice. This study examines the way immigration and naturalization laws were unfairly administered against Asian immigrants and throws light on a less than admirable period of American legal history. It will be of great interest to scholars in Asian American studies, legal history, and American history.
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