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Author: Russell Sandberg
Publisher:
ISBN: 9781032044415
Category : Law
Languages : en
Pages : 0
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Book Description
The trouble with law schools -- The problem with legal history -- Subversive legal history -- The F in feminist legal history -- The perils of periodisation -- Counterfactual legal history -- The parallel world of legal geography -- We are all legal historians now.
Author: Russell Sandberg
Publisher:
ISBN: 9781032044415
Category : Law
Languages : en
Pages : 0
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Book Description
The trouble with law schools -- The problem with legal history -- Subversive legal history -- The F in feminist legal history -- The perils of periodisation -- Counterfactual legal history -- The parallel world of legal geography -- We are all legal historians now.
Author: Russell Sandberg
Publisher: Routledge
ISBN: 0429575491
Category : Education
Languages : en
Pages : 272
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Book Description
Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that legal change on a larger scale is possible. Far from being archaic, this recasts legal history as being anarchic. Subversive Legal History is not a type of Legal History but is its defining characteristic if it is to be a central part of Law School life. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. This book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but also to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.
Author: Russell Sandberg
Publisher: Cambridge University Press
ISBN: 110709058X
Category : History
Languages : en
Pages : 295
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Book Description
Designed for those studying law for the first time, this book explores where the English common law came from.
Author: Heather Laird
Publisher: Four Courts Press
ISBN:
Category : History
Languages : en
Pages : 200
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Book Description
Contributes to a neglected topic in Irish literary and cultural history--the modes of protest and cultural forms available to the subaltern classes under landlordism. Using the economic writings of figures like John Stuart Mill and George Campbell and such literary works as Emily Lawless's 'Hurrish, ' Heather Laird shows that the so-called unwritten "agrarian code" of popular justice, though often depicted as anarchic and pathological, was pro-social as opposed to anti-social, emanating from an alternative moral code whose very existence undermined the legitimacy of the colonial civil law. The book explores this clash of legal systems and the resulting crisis in law administration.--From publisher's description.
Author: Andrew J. Bell
Publisher: Taylor & Francis
ISBN: 1040267319
Category : Law
Languages : en
Pages : 257
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Book Description
Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not—because they cannot—produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law’s understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty’s often unclear boundaries; and developed a broad range of different responses to solve or avoid it, across doctrine, time, and jurisdiction. The work examines a selection of key uncertainty problems across private law as elements of a singular uncertainty issue endemic in legal systems. This analysis will be of interest to historians and comparatists, but also to doctrinal, theoretical, and other scholars and practitioners. The analysis leaves us better informed and better equipped for dealing with future scenarios where uncertainty arises, including insights beyond national and doctrinal confines.
Author: Russell Sandberg
Publisher: Anthem Press
ISBN: 1839990376
Category : Law
Languages : en
Pages : 188
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Book Description
This edited collection provides the first accessible introduction to Law and Humanities. Each chapter explores the nature, development and possible further trajectory of a disciplinary ‘law and’ field. Each chapter is written by an expert in the respective field and addresses how the two disciplines of law and the other respective field operate. This edited work, therefore, fulfils a real and pressing need to provide an accessible, introductory but critical guide to law and humanities as a whole by exploring how each disciplinary ‘law and’ field has developed, contributes to further scrutinizing the content and role of law, and how it can contribute and be enriched by being understood within the law and humanities tradition as a whole.
Author: Nilan Yu
Publisher: Wilfrid Laurier Univ. Press
ISBN: 177112086X
Category : Social Science
Languages : en
Pages : 263
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Book Description
Subversive Action presents cases that explore the use of extralegal action undertaken in pursuit of human rights and social justice, and locate that action with reference to the boundaries of social work. Definitions of social work often include goals of social change, social justice, empowerment, and the liberation of people, but social work texts make little mention of extralegal actions. Mainstream conceptions of social work usually consider it to fall within the framework of particular legal and societal contexts. As such, it is presented with boundaries for legitimate action even as it espouses principles that may require it to challenge these boundaries. How does one do social work in legal and societal contexts that challenge these principles with institutional and state-mandated exclusion and discrimination? Should social workers simply act within the bounds of the law in line with their professional sanction and mandate? Do their actions qualify as social work if they are beyond the limits of the law? The essays in this volume, by authors from around the world, raise these questions by providing a basis for reflection about the claims we make in social work embodied in discourses on social justice and human rights.
Author: Lawrence M. Friedman
Publisher: Cambridge University Press
ISBN: 1108588816
Category : Law
Languages : en
Pages : 155
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Book Description
In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.
Author: Samuel, Geoffrey
Publisher: Edward Elgar Publishing
ISBN: 1802200746
Category : Law
Languages : en
Pages : 407
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Book Description
This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.
Author: Russell Sandberg
Publisher: Edward Elgar Publishing
ISBN: 1800886195
Category : Law
Languages : en
Pages : 261
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Book Description
This incisive book delineates the development of Law and Religion as a sub-discipline, critically reflecting on the author’s own role in constructing the field. It develops a subversive social systems theory in order to take both law and religion seriously and to challenge them equally.
