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Adjudication of Indigenous-Settler Relations  

Richard P. Boast

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter examines the connections between the field of legal history and the various ways in which claims against states by indigenous groups are adjudicated and resolved. It focuses ... More

Animals  

Kristen Stilt

Print publication date:
Nov 2018
Online publication date:
Sep 2017
This chapter examines the scholarship in the new and growing field of study of Islamic animal law. It starts by defining the field of animal law generally and then explaining what makes ... More

Anthropology and Islamic Law  

John R. Bowen

Print publication date:
Nov 2018
Online publication date:
Oct 2015
The anthropology of Islamic law is concerned centrally with observing and analyzing practices governed by explicit norms that are given Islamic justification, from commercial transactions ... More

Critical Race Theory and The Political Uses of Legal History  

H. Timothy Lovelace Jr.

Print publication date:
Aug 2018
Online publication date:
Sep 2018
In 1976, Derrick Bell, a former lawyer for the NAACP Legal Defense and Educational Fund, wrote about the inability of modern civil rights litigation to advance real racial justice. His ... More

Cultural Genocide: Between Law and History  

Leora Bilsky and Rachel Klagsbrun

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter attempts to depict in broad brushstrokes the development of the term ‘cultural genocide’, its connection to the term ‘genocide’, and what this can teach us about the ... More

Custom in the Islamic Legal Tradition  

Ayman Shabana

Print publication date:
Nov 2018
Online publication date:
Sep 2015
This article offers a survey of modern scholarship on the role of custom in the Islamic legal tradition. It begins with a definition of the concept of custom and also the relationship ... More

Historical Method In The Study of Law And Culture  

Bryan Wagner

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter explores some of the ways that legal historical research has been conditioned by the concept of culture. It argues for the importance of understanding key terms of analysis in ... More

&: Law _ Society in Historical Legal Research  

Catherine L. Fisk

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter begins with a brief survey of different interdisciplinary approaches to the historical study of law. It then explores the growth of both halves of the law & society dyad. It ... More

Law as Social History  

Laura F. Edwards

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter explores two related themes embedded within the relationship between legal history and social history, focusing on the nineteenth century to highlight conceptual points that ... More

The Law of the Welfare State  

Bruno Aguilera-Barchet

Print publication date:
Jul 2018
Online publication date:
Aug 2018
The tremendous social inequalities provoked by the laissez-faire model of state led to the advent of the ‘Social Question’ and socialism, and finally to state intervention in social ... More

Legal History as Political History  

Roy Kreitner

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter takes the phrase ‘legal history as political history’ as gesturing at two existing, perhaps by now classic debates. One is the question of political history’s meaning, or its ... More

Queering Law’s Empire: Domination and Domain In The Sexing Up of Legal History  

David Minto

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter suggests two broad and distinctive directions that could benefit the field of queer legal history. The first direction relates to the historical circumstances in which ... More

The Right to Bear Arms  

Saul Cornell

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines what the U.S. Constitution says about the right to bear arms. It begins with an overview of the changing meaning of the right to bear arms in American history, along ... More

Sociological Jurisprudence and The Spirit of The Common Law  

Noga Morag-Levine

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter explores the work and influence of Roscoe Pound who offered sociological jurisprudence in response to transatlantic-inspired threats to the future of the common law. At issue ... More

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