30 Years of Participation in ‘Korean Law and Society Movement’ and Invitation to ‘Korean Socio-Legal History’

2021 ◽  
Vol 68 ◽  
pp. 43-49
Author(s):  
Hui gi Sim
Keyword(s):  
Legal History ◽  
Law And Society

Reassessing Hurst: A Transatlantic Perspective

2000 ◽  
Vol 18 (1) ◽  
pp. 215-222
Author(s):  
David Sugarman
Keyword(s):  
Legal History ◽  
Sleeping Beauty ◽  
Law And Society ◽  
History Of ◽  
History Of Law ◽  
Growth Industry

Today, the history of law and society has become an exciting growth industry. But just a couple of decades ago this possibility would have seemed implausible. Indeed, when Willard Hurst became professor of law in Madison in 1937, modern legal history was, to put it kindly, dead. Reviving this moribund discipline required more than imagination and an acute awareness of the point and nature of law. Sleeping Beauty had to be woken with a kiss, and Hurst surely brought a serious, tenacious passion to his vocation. Through exhortation, inspiration, and sheer determination, he attempted to resuscitate a huge domain.

Law and Society: Structuring Legal Revolutions, 1870-1920

2006 ◽  
Vol 5 (4) ◽  
pp. 309-323 ◽  
Author(s):  
Christopher Waldrep
Keyword(s):  
Nineteenth Century ◽  
Legal History ◽  
Law And Society ◽  
Historical Study ◽  
Late Nineteenth Century ◽  
Law Schools ◽  
Late Nineteenth

In the 1970s and 1980s some of the most exciting work in legal history challenged late-nineteenth-century law as following a false formalism, only pretending to reason from abstract principles isolated from life's realities. Others took a different view, but these scholars insisted that law should be seen as political or economically determined rather than emerging from principle. Law was no more than a system of argumentative exchange. “Of dialectics there is no end,” one observed. In this view, principled law served only as a cover for economic avarice and political strength. If law merely reflects power, then there is really little reason for historians to study law or constitutionalism, and the recent migration of the historical study of constitutionalism, away from history departments and into law schools is well placed.

James Willard Hurst as Entrepreneur for the Field of Law and Social Science

2000 ◽  
Vol 18 (1) ◽  
pp. 37-58 ◽  
Author(s):  
Bryant G. Garth
Keyword(s):  
Social Science ◽  
Intellectual History ◽  
Legal History ◽  
Law And Society ◽  
Legal Scholarship ◽  
Professional Identification ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

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.

Recent Research on the Legal History of Modern Mexico

2007 ◽  
Vol 23 (1) ◽  
pp. 181-193 ◽  
Author(s):  
Peter L. Reich
Keyword(s):  
Latin America ◽  
Mexico City ◽  
Legal History ◽  
Law And Society ◽  
Crime And Punishment ◽  
History Of ◽  
Duke University

Indíígena y Criminal. Interpretaciones del derecho y la antropologíía en Mééxico, 1871––1921. By Beatriz Uríías Horcasitas. Mexico: Universidad Ibero-americana, 2000. Criminal and Citizen in Modern Mexico. By Robert M. Buffington. Lincoln and London: University of Nebraska Press, 2000. Crimen y Castigo. Legislacióón penal, interpretaciones de la criminalidad y administracióón de justicia (Ciudad de Mééxico, 1872––1910). By Elisa Speckman Guerra. Mexico: El Colegio de Mééxico, Universidad Nacional Autóónoma de Mééxico, 2002. City of Suspects. Crime in Mexico City, 1900––1931. By Pablo Piccato. Durham and London: Duke University Press, 2001. Reconstructing Criminality in Latin America. Ed. Carlos A. Aguirre and Robert Buffington. Wilmington: Scholarly Resources, 2000. Crime and Punishment in Latin America. Law and Society since Late Colonial Times. Ed. Ricardo D. Salvatore, Carlos Aguirre, and Gilbert M. Joseph. Durham and London: Duke University Press, 2001.

The Oxford Handbook of Roman Law and Society

2016 ◽  
Keyword(s):  
Legal History ◽  
Ancient World ◽  
Law And Society ◽  
Roman Law ◽  
Private Law ◽  
Contemporary Research ◽  
International Private Law ◽  
Anthropological Research ◽  
Popular Constitutionalism

The Handbook surveys contemporary research into Roman law and society. More than a guide to Roman law as a doctrinal system, it employs the full resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society. The volume brings the study of Roman law into closer alignment with historical, sociological and anthropological research in law in other periods. The volume is directed not simply to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

What is Left of the Law and Society Paradigm after Critique? Revisiting Gordon's “Critical Legal Histories”

2012 ◽  
Vol 37 (01) ◽  
pp. 155-166 ◽  
Author(s):  
Christopher Tomlins
Keyword(s):  
Social Life ◽  
Legal History ◽  
Historical Analysis ◽  
Law And Society ◽  
Critical Legal Studies ◽  
Legal Studies ◽  
Sociolegal Studies ◽  
Indeterminacy Thesis ◽  
The Law ◽  
Resultant Stress

For more than twenty-five years, Robert Gordon's “Critical Legal Histories” has been savored by legal historians as one of the most incisive explanations available of what legal history can and should be. Gordon's essay, however, is of significance to the course of sociolegal studies in general. This commentary offers an appreciation, and a critique, of “Critical Legal Histories.” It explores Gordon's articulation of the central themes of critical legal studies, in particular his corrosion of functionalism and embrace of the indeterminacy thesis, and assesses the consequences for sociolegal and legal-historical analysis of the resultant stress on the contingency and complexity of social life.

Economics of Legal History

2017 ◽  
Author(s):  
Dan Klerman
Keyword(s):  
Human Behavior ◽  
Legal History ◽  
The State ◽  
Law And Society ◽  
Legal Change ◽  
Change Over Time ◽  
Private Ordering ◽  
Independent Variable ◽  
The Law ◽  
Over Time

In order to make sense of the field, this survey identifies and discusses five genres of scholarship that use economics to understand legal history: 1) Works that analyze law as the dependent variable try to explain why societies have the laws they do and why laws change over time. 2) Scholarship that views law as an independent variable looks at the effect of law and legal change on human behavior. 3) In bidirectional histories, law and society interact in dynamic ways over time. Laws change society, but change in society in turn leads to pressure to change the law, which starts the cycle over again. 4) Studies of private ordering investigate the ability of groups to develop norms and practices partly or wholly independently of the state. 5) Works on litigation and contracts in former times analyze these phenomena using modern tools and theories.

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