Download or read book Subversive Legal History written by Russell Sandberg and published by Routledge. This book was released on 2021-07-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Critical Legal Education as a Subversive Activity written by Helen Gibbon and published by Taylor & Francis. This book was released on 2015-10-16 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert – the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.

Download or read book A Historical Introduction to English Law written by Russell Sandberg and published by Cambridge University Press. This book was released on 2023-04-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for those studying law for the first time, this book explores where the English common law came from.

Download or read book Subversive Law in Ireland 1879 1920 written by Heather Laird and published by Four Courts Press. This book was released on 2005 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Reliance and denial in legal histories PULP FICTIONS No 4 written by Karin van Marle and published by Pretoria University Law Press. This book was released on 2009-01-01 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reliance and denial in legal histories - PULP FICTIONS No.4 Edited by Karin van Marle 2009 ISSN: 1992-5174 Pages: 27 Print version: Available Electronic version: Free PDF available About the publication [F]or if legal history is written and taught merely to add further justification for currently accepted notions it becomes a mundane, sterile activity; but if it is used to reveal the alternative structures and ideas that are possible it can assist in breaking down the restrictive, artificial barriers which every legal system tends to develop.’ (D Visser ‘The legal historian as subversive’ in D Visser (ed) Essays on the history of law (1989) 19 We cannot and need not abolish or reinvent legal history, but we can and have to reinvent our legal tradition as a way of observing and describing the law and the history of law. (AJ Van der Walt ‘Legal history, legal culture and transformation in a constitutional democracy’ 2006 Fundamina 46) The University of Pretoria celebrated its 100th birthday during 2008. The year was marked by several celebratory events, amongst others the creation of a centenary rose, an attempt to have a centenary flame burning at the main entrance of the university and a centenary ball in the sports arena. Closer to the ideal and functions of the university there were also a prestige lecture series and a book fair displaying the latest theory, art and even children’s books to members of the university and the public. For legal scholars history at all levels — a history of ideas, social and political history, and also the history of law — lies at the heart of our teaching and research. We were lucky enough to catch A1 rated academic and holder of the South African Research Chair in Property at the University of Stellenbosch, André van der Walt, during a visit to the faculty for the annual property law conference to present some of his reflections on history and particularly legal history. Lize Kriel from the University of Pretoria’s Department of Historical and Heritage Studies acted as respondent. Van der Walt’s paper and Kriel’s response have been taken up in this edition of Pulp fictions. As always we hope that the thoughts expressed here will inspire and open more space and time for further reflection. About the Editor: Karin van Marle is a Professor at the Department of Legal History, Comparitive Law and Jurisprudence, at the Faculty of Law, University of Pretoria

Download or read book Towards a New Legal History of Capitalism and Unfree Labor written by Matthew Axtell and published by . This book was released on 2014 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: New work on the "history of capitalism" reveals how the personal freedom enjoyed by people living within the liberal capitalist mainstream is often purchased by coerced labor at the social margins. Walter Johnson's book "River of Dark Dreams: Slavery and Empire in the Cotton Kingdom" (2013) makes this argument with force, utilizing the concept of "slave racial capitalism" to suggest how race-based slavery constituted a necessary component of early American economic expansion. Using Johnson's framework as a starting point, this essay argues that the legal institutions of property and contract, institutions underwriting a genuinely "slave racial capitalist" regime, also contained certain subversive possibilities within themselves, eventually challenging unfree labor as a modality of rule within the modernizing United States.

Download or read book Reliance and Denial in Legal Histories written by Karin van Marle and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: [F]or if legal history is written and taught merely to add further justification for currently accepted notions it becomes a mundane, sterile activity; but if it is used to reveal the alternative structures and ideas that are possible it can assist in breaking down the restrictive, artificial barriers which every legal system tends to develop.' (D Visser 'The legal historian as subversive' in D Visser (ed) Essays on the history of law (1989) 19. We cannot and need not abolish or reinvent legal history, but we can and have to reinvent our legal tradition as a way of observing and describing the law and the history of law. AJ Van der Walt 'Legal history, legal culture and transformation in a constitutional democracy' 2006 Fundamina 46). The University of Pretoria celebrated its 100th birthday during 2008. The year was marked by several celebratory events, amongst others the creation of a centenary rose, an attempt to have a centenary flame burning at the main entrance of the university and a centenary ball in the sports arena. Closer to the ideal and functions of the university there were also a prestige lecture series and a book fair displaying the latest theory, art and even children's books to members of the university and the public. For legal scholars history at all levels - a history of ideas, social and political history, and also the history of law - lies at the heart of our teaching and research. We were lucky enough to catch A1 rated academic and holder of the South African Research Chair in Property at the University of Stellenbosch, André van der Walt, during a visit to the faculty for the annual property law conference to present some of his reflections on history and particularly legal history. Lize Kriel from the University of Pretoria's Department of Historical and Heritage Studies acted as respondent. Van der Walt's paper and Kriel's response have been taken up in this edition of Pulp fictions. As always we hope that the thoughts expressed here will inspire and open more space and time for further reflection.

Download or read book A Historical Introduction to English Law written by Russell Sandberg and published by Cambridge University Press. This book was released on 2023-05-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.

Download or read book Some Lessons from Our Legal History written by William Searle Holdsworth (Sir).) and published by . This book was released on 1928 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The History of Conspiracy and Abuse of Legal Procedure written by Percy Henry Winfield and published by Palala Press. This book was released on 2016-05-02 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Download or read book The Legal History of the Church of England written by Norman Doe and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

Download or read book The History of Conspiracy and Abuse of Legal Procedure Classic Reprint written by Percy Henry Winfield and published by . This book was released on 2015-07-05 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The History of Conspiracy and Abuse of Legal Procedure This series of studies has been designed as an agency for furthering scientific investigation in regard to the development of the laws of England and thus for advancing the knowledge of one of the most important aspects of British and world history. At the beginning of the work of carrying out this design it is fitting that a few words should be said about the nature of the studies, their general scope, their purpose, and the functions which they should fulfil in the life of the present day. Two kinds of studies will be included in the series: monographs and editions of texts. Dr Winfield's illuminating study, The History of Conspiracy and Abuse of Legal Procedure, work which consolidates the results of years of painstaking, skilful and learned research, is published in the present volume as the first of the monographs. This study may be taken as an indication of the general character of the monographs which are to follow. It is intended that most of the monographs shall be studies, based on original researches in manuscript and printed materials, of some special period or of some special topic; but at the same time it is hoped that certain of the studies will trace, on more general lines, broader aspects of legal evolution. Some of the monographs will embody, in appendices, select texts which explain or illustrate certain of the subject-matters dealt with by the authors. The second group of studies will consist of editions of legal-historical texts which have not been published hitherto, or which have not as yet been published in a form consonant with modern critical standards. In each one of this second group of volumes there will be explanatory notes and an introduction of some length dealing with the nature of the texts and their significance in the development of the law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book Subversive Action written by Nilan Yu and published by Wilfrid Laurier Univ. Press. This book was released on 2015-12-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Leading Works in Law and Religion written by Russell Sandberg and published by Routledge. This book was released on 2018-12-07 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

Download or read book A Degraded Caste of Society written by Andrew T. Fede and published by University of Georgia Press. This book was released on 2024-10-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.

Download or read book Women Their Lives and the Law written by Victoria Barnes and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK. She has fostered the study of women's academic careers and, more politically, advanced progress on gender and equality issues including same-sex marriage and property law. Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside. Just as Rosemary's work does, the book seeks to end the marginalisation and exclusion of women in the legal world, by including them. The book begins fittingly with a discussion of Miss Bebb, the woman whose biography Auchmuty deployed to push feminist legal history into the mainstream. It turns then to a discussion of women known and unknown and their struggles within the legal profession offering within those chapters a critical appraisal of the role of history and biography as a methodology. From there it moves to consider feminist perspectives and critiques of the dominant structures of private law. This is followed by chapters that explore those who educate the legal profession within the academy. The chapters, and the collection as a whole, examine areas of law that have a deep significance for women's lives.

Download or read book Libertines and the Law written by Adam Horsley and published by British Academy Monographs. This book was released on 2021-04-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study sheds new light on the trials of 'libertine' authors (a term for religious, sexual, social or moral subversion), by considering them primarily as legal defendants.