Law as Social History

Author(s):  
Laura F. Edwards

This chapter explores two related themes embedded within the relationship between legal history and social history, focusing on the nineteenth century to highlight conceptual points that also apply more generally to other periods. First, it argues the field of legal history takes a broader understanding of the law than other historical fields. Moving beyond the written records, legal officials, and designated institutions usually associated with the law’s presence and influence, legal historians extend law into the realm of social history. As that scholarship shows, law flourished in many institutional contexts and even in rural byways and city streets, where it structured broad-reaching economic and cultural dynamics as well as the ordinary relationships of daily life. Second, the chapter argues that legal history changes our view of social history by exposing the law’s presence in places and relationships that most historians imagine to be far from remotely legal.

Author(s):  
John B. Nann ◽  
Morris L. Cohen

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.


2021 ◽  
Vol 76 (2) ◽  
pp. 137-162
Author(s):  
Joe Bray

Joe Bray, “‘Come brother Opie!’: Amelia Opie and the Courtroom” (pp. 137–162) This essay examines how Amelia Opie’s lifelong fascination with the human drama of the courtroom is reflected in her fiction, specifically in her tales that revolve around trial scenes. Focusing on three examples in particular, “Henry Woodville” (1818), “The Robber” (1806), and “The Mysterious Stranger” (1813), it argues that Opie’s fictional courtrooms encourage an emotional engagement on the part of both characters and narrators, which in turn can be extended to that of the reader. In the case of “The Mysterious Stranger,” a character is on figurative trial throughout, with both narrator and reader frequently in the dark as to her motives. As a result, judgment is both hazardous and uncertain. Through a sympathetic representation of the passions and vicissitudes experienced by all those in the courtroom context, whether real or metaphorical, Opie’s fiction develops a model of readerly participation that adds a new, affective dimension to traditional accounts of the relationship between early-nineteenth-century literature and the law.


2021 ◽  
Vol 66 (2) ◽  
pp. 161-189
Author(s):  
Louis Pahlow ◽  
Sebastian Teupe

Abstract The relationship between business strategies and legal institutions is important for understanding the historical dynamics of modern capitalism. While legal history and economic history have remained distinct disciplines, a growing number of studies now populates a vibrant «borderland» between the two. Building on frameworks of legal history, organization studies, and «new entrepreneurial history», our contribution systematizes the relation of entrepreneurship and the law from a historical perspective of change. This paper explains how an analysis of this specific relation contributes to our understanding of economic change and addresses the question of synthesis and interdisciplinary connectivity by offering a conceptual triad that focuses on the problems of agency and change at the intersection of businesses and the law. This paper argues that economic actors have used, sought, and avoided laws to transform their legal and economic environments. Each of these interactions combined a distinct set of variables conceptualized as legal business creativity, legal-institutional entrepreneurship, and Schumpeterian rule-breaking.


2005 ◽  
Vol 48 (1) ◽  
pp. 295-303 ◽  
Author(s):  
MARGOT C. FINN

The common law tradition: lawyers, books and the law. By J. H. Baker. London: Hambledon, 2000. Pp. xxxiv+404. ISBN 1-85285-181-3. £40.00.Lawyers, litigation and English society since 1450. By Christopher W. Brooks. London: Hambledon, 1998. Pp. x+274. ISBN 1-85285-156-2. £40.00.Professors of the law: barristers and English legal culture in the eighteenth century. By David Lemmings. Oxford: Oxford University Press, 2000. Pp. xiv+399. ISBN 0-19-820721-2. £50.00.Industrializing English law: entrepreneurship and business organization, 1720–1844. By Ron Harris. Cambridge: Cambridge University Press, 2000. Pp. xvi+331. ISBN 0-521-66275-3. £37.50.Between law and custom: ‘high’ and ‘low’ legal cultures in the lands of the British Diaspora – the United States, Canada, Australia, and New Zealand, 1600–1900. By Peter Karsten. Cambridge: Cambridge University Press, 2002. Pp. xvi+560. ISBN 0-521-79283-5. £70.00.The past few decades have witnessed a welcome expansion in historians' understanding of English legal cultures, a development that has extended the reach of legal history far beyond the boundaries circumscribed by the Inns of Court, the central tribunals of Westminster, and the periodic provincial circuits of their judges, barristers, and attorneys. The publication of J. G. A. Pocock's classic study, The ancient constitution and the feudal law, in 1957 laid essential foundations for this expansion by underlining the centrality of legal culture to wider political and intellectual developments in the early modern period. Recent years have seen social historians elaborate further upon the purchase exercised by legal norms outside the courtroom. Criminal law was initially at the vanguard of this historiographical trend, and developments in this field continue to revise and enrich our understanding of the law's pervasive reach in British culture. But civil litigation – most notably disputes over contracts and debts – now occupies an increasingly prominent position within the social history of the law. Law's empire, denoting the area of dominion marked out by the myriad legal cultures that emanated both from parliamentary statutes and English courts, is now a far more capacious field of study than an earlier generation of legal scholars could imagine. Without superseding the need for continued attention to established lines of legal history, the mapping of this imperial terrain has underscored the imperative for new approaches to legal culture that emphasize plurality and dislocation rather than the presumed coherence of the common law.


2000 ◽  
Vol 18 (1) ◽  
pp. 37-58 ◽  
Author(s):  
Bryant G. Garth

Celebrations of the career of Willard Hurst tend to concentrate, quite understandably, on his scholarship in legal history. Most of those who now read and comment on his works are professional legal historians, and they tend to read and define Hurst according to that professional identification. This article takes a different approach, concentrating on Hurst's own role in the more general politics of legal scholarship. Hurst was not content with making a mark in legal history. He sought to challenge the legal establishment. We see the legacy of his efforts in the development of the field of law and social science, institutionalized in the mid 1960s in the Law and Society Association (LSA). Therefore, my focus is on the sociology and politics of scholarship rather than on intellectual history. I will not examine the relationship of Hurst's particular works to those who came before or after him, nor will I go through the exercise of suggesting what was good or lasting or useful about his work for present purposes.


Author(s):  
Simpson Gerry

This chapter suggests that the law of sovereignty and statehood tends to be practiced, organized, and theorized around two sets of argument (and a sleight of hand), and that this tendency has produced certain effects on the distribution of political resources in global politics. The first argument is structured around the material and immaterial qualities of statehood, as it maintains that the ‘infinite transition’ discussed by Peter Fitzpatrick is produced partly by the elasticity of the doctrinal ground and partly by the remarkable stability of a very particular and idealized sovereign subject. The second argument rests on an idiom of fragmentation and unity, by juxtaposing an apparent golden age of post-Charter state sovereignty with both a decentralized nineteenth-century sovereignty, and a more protean, early twenty-first century sovereignty. Finally, the ‘sleight of hand’ operates around the relationship between routine statehood and sui generis sovereignty.


1981 ◽  
Vol 15 (2) ◽  
pp. 177-201 ◽  
Author(s):  
Karen Leonard

The relationship between business and politics in preindustrial societies has seldom been clear from historical records. I have argued elsewhere that the major banking firms of Mughal India were central to the imperial system. These ‘great firms’ were not parasites, passively supportive of the state because it preserved the law and order necessary for trade; they were not self-contained caste communities interacting with the government through the leaders of panchayats or guilds. Their functions were as important to the government as those of its official treasurers, and their desertion of the Mughal Empire in the eighteenth century helped bring about its collapse.


2009 ◽  
Vol 54 (3) ◽  
pp. 391-416 ◽  
Author(s):  
Henrique Espada Lima

SummaryThis essay discusses the relationship between Brazilian labour laws and the labour arrangements entered into by former slaves (libertos – freed persons) in Brazil during the nineteenth century. It discusses firstly how the definition of “contract” was important in guiding the labour laws on Brazilian national and immigrant workers, as well as on former slaves. By analysing a sample of labour contracts entered into by freed persons and recorded in the archives of notaries in the southern Brazilian city of Desterro (now Florianópolis) between the 1840s and 1887, this essay discusses too the conflicted meanings of “freedom of labour” to freed persons and their employers. It attempts further to show how efforts to deal with precariousness were central to the strategies of freed persons and the negotiations underlying those contracts. Finally, this essay aims to understand the possible reasons for the disappearance of the contracts from notarial records after the end of slavery.


Author(s):  
Agnes Arnold-Forster

This book offers the first medical, cultural, and social history of cancer in nineteenth-century Britain. The Cancer Problem begins by looking at a community of doctors and patients who lived and worked in the streets surrounding The Middlesex Hospital in London. It follows in their footsteps as they walked the labyrinthine lanes and passages that branched off Tottenham Court Road; then, through seven chapters, its focus expands to successively include the rivers, lakes, and forests of England, the mountains, poverty, and hunger of the four nations of the British Isles, the reluctant and resistant inhabitants of the British Empire, and the networks of scientists and doctors spread across Europe and North America. It argues that it was in the nineteenth century that cancer acquired the unique emotional, symbolic, and politicized status it maintains today. Through an interrogation of the construction, deployment, and emotional consequences of the disease’s incurability, this book reframes our conceptualization of the relationship between medicine and modern life and reshapes our understanding of chronic and incurable maladies, both past and present.


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