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Accident  

Daniel Williams

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter explores some legal and literary ramifications of “accident” in British law and society from the late eighteenth through the early twentieth century. This period saw changes in ... More

Affect and Empathy Studies  

Suzanne Keen

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter discusses two domains of research into and theorizing about human emotions of interest to legal theorists and practitioners in the law. Written by a non-lawyer with expertise ... More

Agonism, Democracy, and Law  

Panu Minkkinen

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter begins by examining the origins of agonism in the German philosopher Friedrich Nietzsche’s early text “Homer’s Contest.” It then attempts to formulate a political ... More

An Anti-Liberal Defense of Free Speech: Foundations of Democracy in the Western Philosophical Canon  

Eric Heinze

Print publication date:
Dec 2019
Online publication date:
Jan 2020
Western democracies have determined the extent and limits of free expression largely within rights-based frameworks. As captured by Mill’s classically liberal “harm principle,” expression ... More

Book History  

Henrike Manuwald

Print publication date:
Dec 2019
Online publication date:
Jan 2020
Book history, understood broadly as the analysis of written communication, interacts with legal studies in two main areas: first, legal rules frame the production and dissemination of books ... More

Boundaries, Walls, Envelopes, Rooms, and Other Spatialities of Law  

Timothy Hyde

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter outlines the several scales at which material arrangements of architecture, urbanism, and territory are bound up with surrounding legal contexts. Using these three scales, the ... More

Challenging the Legal Self Through Performance  

Marett Leiboff

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter reconsiders and reorients performance as a critical practice in law and the humanities, turning away from the philosophically and sociologically inflected variants of ... More

Comics  

Hillary Chute

Print publication date:
Dec 2019
Online publication date:
Jan 2020
The art form of comics has been at center of heated global free speech debates, which remain among the defining issues of our time, particularly as they map onto cultural and religious ... More

Developing the Free Mind  

Emily Buss

Online publication date:
Feb 2020
In the U.S. Supreme Court’s cases addressing students’ constitutional rights in school, the focus is near exclusively on the special constraints imposed on rights by the school context. ... More

Digital Humanities  

Stephen Robertson

Print publication date:
Dec 2019
Online publication date:
Jan 2020
Legal scholarship has its own distinctive place in the different disciplinary responses to digital humanities. It has long relied on databases of digitized sources and consequently on ... More

Disability, Law, and the Humanities: The Rise of Disability Legal Studies  

Rabia Belt and Doron Dorfman

Print publication date:
Dec 2019
Online publication date:
Jan 2020
Disability studies is a relatively new academic discipline that approaches disability as a social, cultural, and political phenomenon and has a firm foothold within the humanities. This ... More

Education Federalism: Why It Matters and How the United States Should Restructure It  

Kimberly Jenkins Robinson

Online publication date:
Apr 2020
Education federalism in the United States promotes state and local authority over education and a limited federal role. This approach to education federalism often serves as an influential ... More

Emblems  

Valérie Hayaert

Print publication date:
Dec 2019
Online publication date:
Jan 2020
The early modern tradition of the emblem book offers a fertile ground to uncover the renewal of legal ethics during the Renaissance. Andrea Alciato was first and foremost a lawyer, and ... More

Facing Justice: Evidence, Legibility, and Pensiveness in the Early Modern Imagination  

Subha Mukherji

Print publication date:
Dec 2019
Online publication date:
Jan 2020
Law and the literary imagination in early modern England had shared stakes in the relation between face and intent, surface and significance, truth and semblance, nature and artifice. Using ... More

Family Law  

Khiara M. Bridges

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter examines the dual system of family law in the USA. It observes that the USA has a set of laws that regulates more affluent families and an entirely distinct set of laws that ... More

Form Contract  

Tal Kastner

Print publication date:
Dec 2019
Online publication date:
Jan 2020
In light of the tendency to view contract through a lens of free will and agreement, this chapter approaches contract from the vantage point of standard form agreements. Drawing on ... More

From Eternity to Here: Divine Accommodation and the Lost Language of Law  

Nomi M. Stolzenberg

Print publication date:
Dec 2019
Online publication date:
Jan 2020
The discourse of religious accommodation has stopped making sense and the reason it has stopped making sense is because our terminology is inherited from a tradition of political ... More

The Functions of Legal Literature and Case Reporting Before and After Stare Decisis  

Andrew Benjamin Bricker

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter documents some of the diverse functions of legal literature and case reporting prior to the emergence of the modern doctrine of stare decisis in the mid-nineteenth century. In ... More

The Gap Between Fairness and Law: Hamlet and Equity from a Cognitive Perspective  

Ellen Spolsky

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter explores the gap between the abstract ideal of fairness and the bodily materiality of retribution. The aim is to suggest how embodied versions of current cognitive science ... More

History, Literature, and Authority in International Law  

Christopher N. Warren

Print publication date:
Dec 2019
Online publication date:
Jan 2020
One consequence of international law’s recent historical turn has been to sharpen methodological contrasts between intellectual history and international law. Scholars including Antony ... More

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