The Invention Of Legal Research
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Author | : Peter Cane |
Publisher | : OUP Oxford |
Total Pages | : 1112 |
Release | : 2012-05-17 |
Genre | : Law |
ISBN | : 019163543X |
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.
Author | : June Starr |
Publisher | : Cornell University Press |
Total Pages | : 390 |
Release | : 2018-03-15 |
Genre | : Law |
ISBN | : 1501723324 |
No detailed description available for "History and Power in the Study of Law".
Author | : Mario Biagioli |
Publisher | : University of Chicago Press |
Total Pages | : 476 |
Release | : 2015-07-31 |
Genre | : Law |
ISBN | : 022617249X |
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
Author | : James A. Brundage |
Publisher | : ReadHowYouWant.com |
Total Pages | : 650 |
Release | : 2010-10 |
Genre | : History |
ISBN | : 1459605802 |
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
Author | : Morris L. Cohen |
Publisher | : |
Total Pages | : |
Release | : 1998 |
Genre | : Law |
ISBN | : |
An electronic version of the six-volume set, from which the introduction and other front-matter have been included for general-information consultation. Indexes have been supplanted by the searching capablities of Folio.
Author | : Markus D. Dubber |
Publisher | : Oxford University Press |
Total Pages | : 1201 |
Release | : 2018-08-02 |
Genre | : Law |
ISBN | : 0192513133 |
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Author | : Teemu Ruskola |
Publisher | : Harvard University Press |
Total Pages | : 358 |
Release | : 2013-06-03 |
Genre | : Law |
ISBN | : 0674075781 |
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Author | : Kermit L. Hall |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 1996 |
Genre | : Derecho |
ISBN | : 9780195097634 |
The second edition is updated and expanded, making this highly successful college textbook the authoritative text on its subject. New material encompasses recent developments in American constitutional and legal history, with special attention given to issues of death and dying, criminal justice, and the feminist critique of the law.
Author | : Philip Girard |
Publisher | : University of Toronto Press |
Total Pages | : 928 |
Release | : 2018-12-21 |
Genre | : Law |
ISBN | : 1487530595 |
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Author | : Joseph L. Gerken |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : Citation of legal authorities |
ISBN | : 9780837740317 |
The online revolution in legal research methodology over the past three decades is not unprecedented, and it is not a stretch to think that law practice was transformed during the period from 1870 to 1890 as much as it has been the past thirty years. This is the story of those "golden decades," which saw the development of U.S. case reporters, digests and citators from the early days of the republic to the emergence of the West National Reporter System, West Digests and Shepard's Citations. The book also explores the relationship between this revolution in legal research and two phenomena that occurred during the same period: courts' adoption of the doctrine of stare decisis in deciding cases, and the implementation of the case method of instruction in law schools. Ultimately, it is most of all a narration of the stunning accomplishments of a remarkable generation of innovators.--Publisher.