Law and History: Current Legal Issues 2003 Volume 6

Description

Law and History contains a collection of essays by prominent legal historians, which explore the ways in which history has been used by lawyers past and present to answer legal questions. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. This volume covers a broad range of topics, from a discussion of the nature of norms in the middle ages to the role of war crimes trials in the twentieth century. It includes wide-ranging historiographical discussions, which examine the nature and aims of the legal historian, as well as contributions which explore the methodology and aims of writers such as Coke, Maine, Weber, Montesquieu, and Kames, who sought to use historical models to explain law. A number of contributions examine developments in legal doctrine, particularly in the nineteenth century, including developments in the law of contract, administrative law, and perjury. These raise important questions about the nature of the legal categorizations which developed in that era. Law and History also includes a collection of contributons on the use of history in twentieth century trials, including the Nuremberg trials, the trial of the Gang of Four, and trials arising from the events in the former Yugoslavia and Rwanda. Title_Pages (1) General_Editors_Preface Tables_of_Cases Tables_of_Legislation Notes_on_Contributors Introduction_The_Tools_and_the_Tasks_of_the_Legal_Historian What_is_Legal_History_a_History_of Norms_and_Legal_Argument_before_1150 Myth_Mistake_Invention_Excavating_the_Foundations_of_the_English_Legal_Tradition_______________________________________________1 Montesquieu_between_Law_and_History The_Ambition_of_Lord_Kamess_Equity Law_History_and_Memorable_Sentences Henry_Sumner_Maines_Grand_Tour_Roman_Law_in_Ancient_Law Law_and_Tradition_Henry_Maine_and_the_Theoretical_Origins_of_Indirect_Rule Max_Weber_and_Comparative_Legal_History Weber_and_the_Ideal_of_Roman_Law Law_History_and_the_Social_Sciences_Intellectual_Traditions_of_Late_Nineteenth_and_Early_Twentiethcentury_Europe Classification_of_Private_Law_in_Relation_to_Historical_Evidence_Description_Prescription_and_Conceptual_Analysis Mistaken_Arguments_The_Role_of_Argument_in_the_Development_of_a_Doctrine_of_Contractual_Mistake_in_Nineteenthcentury_England Officialism_Law_Bureaucracy_and_Ideology_in_Late_Victorian_England Perjurious_Albion_Perjury_Prosecutions_and_the_Victorian_Trial Unsettling_Accounts_Methodological_Issues_within_the_Reconstruction_of_the_Role_of_a_US_Intelligence_Agency_within_the_Nuremberg_War_Crimes_Trials The_Holocaust_History_and_Legal_Memory Settling_Accounts_Law_as_History_in_the_Trial_of_the_Gang_of_Four Law_and_Chaos_Legal_Argument_as_a_Nonlinear_Process Index