History's living legacy: an outline of ‘modern’ historiography of the common law

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 251-324 ◽  
Author(s):  
K J M Smith ◽  
J P S McLaren
Keyword(s):  
Legal History ◽  
Common Law ◽  
First Century ◽  
Historical Interpretation ◽  
The Past ◽  
Capacity To Act ◽  
Steady Current ◽  
The Common ◽  
The 1950S ◽  
Twenty First Century

This essay offers a survey and analysis of the principal methodologies adopted and the aims pursued by ‘modern’ historians of the common law in England, Canada, and America, from Blackstone's time to the opening of the twenty-first century. From the beginning of this period through to the 1950s, the analysis reveals a steady current of contention amongst legal historians in respect of what legal history could do and just how these aims might be realised. The post-1950s era is characterised by the accelerating influence of the methodologies and objectives of extra-legal disciplines. These include, most especially, the work and techniques of social and political historians, and, eventually, the various manifestations of the postmodernist challenge to the segregation of ‘objective’ historical interpretation from the polemical and creative reconstruction of the past. It is argued that the infusion of this methodological new blood has been largely beneficial, enhancing the reach and subtlety of legal historiography, and boosting its overall capacity to act as an intellectually enriching discipline.

Administrative Law

2021 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Public Law ◽  
First Century ◽  
Government Agencies ◽  
Private Law ◽  
The Subject ◽  
The Common ◽  
Twenty First Century

Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.

Common Law Codification: Lessons and Warnings from Twenty-First Century Australia

2020 ◽  
Vol 10 (3) ◽  
pp. 183-206
Author(s):  
Mark Lunney
Keyword(s):  
Common Law ◽  
Tort Law ◽  
First Century ◽  
Rare Phenomenon ◽  
The Common ◽  
The Law ◽  
Twenty First Century ◽  
Negligence Law

AbstractCodification of tort law is a rare phenomenon in the common law world. However, building on earlier precedents, in the early 2000s, Australian jurisdictions embarked on a project of placing important general principles of negligence law into legislation. This article considers these provisions and argues that they can be considered as an attempt to codify certain parts of the law of tort. Both the process by which this codification took place, and the contents of the ‘codes’, provide interesting comparative material for civilian jurisdictions with codified tort law as well as for common law systems.

Labels, Histories, Politics: Indian/South Asian Dance on the Global Stage

2008 ◽  
Vol 26 (2) ◽  
pp. 223-243 ◽  
Author(s):  
AVANTHI MEDURI
Keyword(s):  
South Asian ◽  
First Century ◽  
Nation State ◽  
The South ◽  
Global Networks ◽  
Indian Nation ◽  
The 1950S ◽  
Twenty First Century ◽  
The Uk

In this paper, I discuss issues revolving around history, historiography, alterity, difference and otherness concealed in the doubled Indian/South Asian label used to describe Indian/South Asian dance genres in the UK. The paper traces the historical genealogy of the South Asian label to US, Indian and British contexts and describes how the South Asian enunciation fed into Indian nation-state historiography and politics in the 1950s. I conclude by describing how Akademi: South Asian Dance, a leading London based arts organisation, explored the ambivalence in the doubled Indian/South Asian label by renaming itself in 1997, and forging new local/global networks of communication and artistic exchange between Indian and British based dancers and choreographers at the turn of the twenty-first century.

Staging Beckett: Constructing Histories of Performance

2014 ◽  
Vol 23 (1) ◽  
pp. 11-33 ◽  
Author(s):  
Anna McMullan ◽  
Trish McTighe ◽  
David Pattie ◽  
David Tucker
Keyword(s):  
First Century ◽  
Research Project ◽  
The 1950S ◽  
Twenty First Century ◽  
The Uk ◽  
Victoria And Albert Museum

This multi-authored essay presents some selected initial findings from the AHRC Staging Beckett research project led by the Universities of Reading and Chester with the Victoria and Albert Museum, London. For example, how did changes in economic and cultural climates, such as funding structures, impact on productions of Beckett's plays in the UK and Ireland from the 1950s to the first decade of the twenty-first century? The paper will raise historiographical questions raised by the attempts to map or construct performance histories of Beckett's theatre in the UK and Ireland.

Introduction

2017 ◽  
Author(s):  
Alex J. Bellamy
Keyword(s):  
Cold War ◽  
East Asia ◽  
First Century ◽  
The Past ◽  
Twenty First Century ◽  
The Cold War

Until recently, East Asia was a boiling pot of massacre and blood-letting. Yet, almost unnoticed by the wider world, it has achieved relative peace over the past three decades.1 At the height of the Cold War, East Asia accounted for around 80 percent of the world’s mass atrocities. By the second decade of the twenty-first century, it accounted for less than 5 percent....

The Twenty-first Century

2018 ◽  
Author(s):  
Alexander Gillespie
Keyword(s):  
Environmental Sustainability ◽  
First Century ◽  
Bad News ◽  
Good News ◽  
Species Loss ◽  
The Past ◽  
Scientific Terms ◽  
Twenty First Century ◽  
Open Question ◽  
New Generation

The cumulative environmental challenge of sustainable development in the twenty-first century is larger than anything humanity has ever had to deal with in the past. The good news is that solid progress is being reached in the understanding of issues in scientific terms and understanding what needs to be done. The bad news is twofold. First, although many of the environmental problems of earlier centuries are now being confronted, a new generation of difficulties is eclipsing what were the older difficulties. Secondly, much of the progress is being achieved by the wealthier parts of the planet, rather than the developing world. From population growth to climate change to unprecedented habitat and species loss, whether environmental sustainability can be achieved in the twenty-first century is an open question.

Ancient and Modern Practices of Citizenship in Asia and the West

2018 ◽  
Keyword(s):  
Everyday Life ◽  
The Self ◽  
First Century ◽  
Care Of The Self ◽  
The West ◽  
City Life ◽  
Good Citizen ◽  
The Past ◽  
Twenty First Century ◽  
Point Of Departure

What does it mean to be a good citizen today? What are practices of citizenship? And what can we learn from the past about these practices to better engage in city life in the twenty-first century? Ancient and Modern Practices of Citizenship in Asia and the West: Care of the Self is a collection of papers that examine these questions. The contributors come from a variety of different disciplines, including architecture, urbanism, philosophy, and history, and their essays make comparative examinations of the practices of citizenship from the ancient world to the present day in both the East and the West. The papers’ comparative approaches, between East and West, and ancient and modern, leads to a greater understanding of the challenges facing citizens in the urbanized twenty-first century, and by looking at past examples, suggests ways of addressing them. While the book’s point of departure is philosophical, its key aim is to examine how philosophy can be applied to everyday life for the betterment of citizens in cities not just in Asia and the West but everywhere.

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