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 | : 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 | : 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 | : 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 | : Jonathan Vroom |
| Publisher | : BRILL |
| Total Pages | : 263 |
| Release | : 2018-09-11 |
| Genre | : Religion |
| ISBN | : 9004381643 |
In The Authority of Law in the Hebrew Bible and Early Judaism, Vroom identifies a development in the authority of written law that took place in early Judaism. Ever since Assyriologists began to recognize that the Mesopotamian law collections did not function as law codes do today—as a source of binding obligation—scholars have grappled with the question of when the Pentateuchal legal corpora came to be treated as legally binding. Vroom draws from legal theory to provide a theoretical framework for understanding the nature of legal authority, and develops a methodology for identifying instances in which legal texts were treated as binding law by ancient interpreters. This method is applied to a selection of legal-interpretive texts: Ezra-Nehemiah, Temple Scroll, the Qumran rule texts, and the Samaritan Pentateuch.
| 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.
| Author | : Yves Dezalay |
| Publisher | : Univ of California Press |
| Total Pages | : 250 |
| Release | : 2021-09-28 |
| Genre | : History |
| ISBN | : 0520382714 |
Introduction : Legal revolutions, cosmopolitan legal elites, and interconnected histories -- Learned law, legal education, social capital, and states : European Geneses of these relationships and the enduring role of family capital -- Legal hybrids, corporate law firms, the Langdellian Revolution in legal education, and the Construction of a U.S.-oriented international justice through an alliance of U.S. corporate lawyers with European professors -- Social and neo-liberal revolutions in the United States -- India : an embattled senior bar, the marginalization of legal knowledge, and an internationalized challenge -- Hong Kong as a paradigm case : an open market for corporate law firms and the technologies of legal education reform as Chinese hegemony grows -- South Korea and Japan : contrasting attacks through legal education reform on the traditional conservative and insular bar -- Legal education, international strategies, and rebuilding the value of legal capital in China / coauthored with Zhizhou Wang -- Conclusion : Combining social capital with learned capital: competing on different imperial paths.
| 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 | : Joshua C. Tate |
| Publisher | : Routledge |
| Total Pages | : 353 |
| Release | : 2018-12-07 |
| Genre | : History |
| ISBN | : 1351068466 |
This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.
| Author | : Daniel Martin Katz |
| Publisher | : Cambridge University Press |
| Total Pages | : 525 |
| Release | : 2021-02-18 |
| Genre | : Business & Economics |
| ISBN | : 1107142725 |
This cutting-edge volume offers a theoretical and applied introduction to the emerging legal technology and informatics industry.
