The Varieties of Legal History

2021 ◽  
Author(s):  
Michael Lobban
Keyword(s):  
United States ◽  
Economic History ◽  
Legal History ◽  
The United States ◽  
Law Schools ◽  
The Past ◽  
Legal Questions ◽  
English Law ◽  
The Law ◽  
Contextual Study

This article looks at the different approaches which have been taken in the study of legal history in England and America by both historians in law and history faculties. The pioneer English legal historian was F.W. Maitland, who felt that the skills of the lawyer were needed to understand the legal materials which were the source of much medieval social and economic history. Maitland, who had no wish to use history to explain current doctrine, inspired a generation of medieval historians to look at legal questions. The study of legal history in English law schools was in turn revolutionized by S. F. C Milsom, who felt that the key to legal history was not to apply the skills of the present lawyer to the law of the past, but to attempt to get into the minds of previous generations of lawyers. Following Milson, doctrinal legal history flourished in England. In the United States, a different tradition dominated law schools. Here, the pioneer was J. Willard Hurst, who turned attention away from narrow doctrinal history, to a broader contextual study of law, looking at the operation of law in society. The article discusses the kind of historiography which developed in America after Hurst, before turning to what discuss what role doctrinal legal history can continue to play, both to inform historical and legal debates.

scholarly journals The gathering momentum for animal rights

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
David FAVRE
Keyword(s):  
United States ◽  
Animal Rights ◽  
The United States ◽  
Legal Institutions ◽  
Law Schools ◽  
The Past ◽  
Substantial Progress ◽  
The Law ◽  
Law Professors ◽  
Made In

The focus of this article is to track the progress that has been made on behalf of<br />animals within the legal institutions of the United States. While there is an obvious focus on<br />the adoption of new laws, there are many steps or changes that are necessary within broader<br />legal intuitions if substantial progress is to be made in the changing and enforcing of the<br />laws. For example, at the same time that legislatures must be convinced of the need for<br />change, so must the judges believe in the new laws, otherwise enforcement of the law will be<br />not forthcoming.<br />Besides the court and the legislature, legal institutions include law schools, legal publications,<br />and the various associations of lawyers and law professors. What is the visibility and<br />credibility of animal issues within these institutions? Without progress within all aspects of<br />the legal community, success on behalf of animals is not possible. We in the United States<br />have made progress, particularly in the past ten years, but we have much yet that needs to be<br />done. By charting the progress and lack of progress in the United States, the readers in<br />Brazil and other countries will have some landmarks by which to judge the progress of the<br />issue of animal rights/welfare within their own country.

scholarly journals On Legislation as to Life Insurance and Life Insurance Companies

1871 ◽  
Vol 16 (2) ◽  
pp. 77-98 ◽  
Author(s):  
T. B. Sprague
Keyword(s):  
United States ◽  
United Kingdom ◽  
Life Insurance ◽  
United States Of America ◽  
The United States ◽  
Insurance Companies ◽  
The Past ◽  
Life Assurance ◽  
The United Kingdom ◽  
The Law

The past session of Parliament has witnessed the passing of an Act for the regulation of Life Assurance Companies in the United Kingdom, which, while introducing great changes in the law, still stops very far short of the system of legislation which has been for several years in operation in a few of the United States of America, and which is warmly approved of and urgently recommended for adoption by some persons in this country. The present may therefore be considered a fitting time for reviewing what has been done and considering whether any further legislation is desirable, and if any, of what nature it should be.

Part II The Bermuda Form in Detail, 13 Misrepresentation and Nondisclosure

2018 ◽  
Author(s):  
Scorey David ◽  
Geddes Richard ◽  
Harris Chris
Keyword(s):  
United States ◽  
New York ◽  
Multinational Corporation ◽  
The United States ◽  
England And Wales ◽  
English Law ◽  
The Law

This chapter first discusses the law of misrepresentation and nondisclosure as it has developed in New York, since the law of that state is designated in the majority of Bermuda Form policies as governing the resolution of ‘any dispute, controversy or claim arising out of or related to the Policy’, which would clearly include a dispute about alleged misrepresentation in its procurement. The second part discusses English law. This is relevant for a number of reasons. It is not at all uncommon that the version of the Bermuda Form in play in respect of a given dispute will expressly adopt the law of England and Wales as controlling. This is often the case where the policy is issued to a multinational corporation whose management and headquarters are not located in the United States, or where the policy is not issued by an insurer resident in Bermuda.

Eco-Terrorism: A Legal Update on the Laws Protecting Scientific Research from Extremist Activists

2015 ◽  
Vol 6 (1) ◽  
Author(s):  
Josh W. Leamons
Keyword(s):  
United States ◽  
Scientific Research ◽  
The United States ◽  
Animal Research ◽  
The Past ◽  
Criminal Penalties ◽  
The Law

AbstractOver the past two decades, the event of eco-terrorism has become a significant threat. The law should encourage the advancement of scientific research by providing criminal penalties for those who engage in eco-terrorism. This article examines the threat eco-terrorists pose to scientific researchers in the United States, and covers the historical use of animal research, notable activists and organizations, and the applicable laws as they currently exist, including potential improvements.

Many Laws, Many Legalities

2003 ◽  
Vol 21 (3) ◽  
pp. 621-622 ◽  
Author(s):  
Bruce Kercher
Keyword(s):  
United States ◽  
Legal Status ◽  
Legal Education ◽  
The United States ◽  
Law Students ◽  
Privy Council ◽  
Law Schools ◽  
Supreme Courts ◽  
English Law ◽  
Made In

Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.

The Rise of Theological Schools in America

1937 ◽  
Vol 6 (3) ◽  
pp. 260-273
Author(s):  
William Warren Sweet
Keyword(s):  
United States ◽  
College Students ◽  
The United States ◽  
Law School ◽  
Law Students ◽  
Theological Seminary ◽  
Law Schools ◽  
Professional Schools ◽  
Theological Schools ◽  
The Law

Professional Schools in the United States, whether of medicine, law, engineering, or theology, are of relatively recent orgin. It is a matter of interest that the ministry was the first profession in America for which a technical and standardized training was provided. While the first law school in America was founded in the same year as the oldest theological seminary (1784), the courses were loosely organized and there was no definitely prescribed amount of work required of graduation and no academic requirement for the practice of law. In all the institutions where there were law departments or law schools, even as late as the middle of the last century, the law students were considered as distinctly inferior to the regular college students.

Truth on the Cross

2011 ◽  
Author(s):  
Francesco Boldizzoni
Keyword(s):  
United States ◽  
Economic History ◽  
The United States ◽  
Identity Crisis ◽  
Historical Research ◽  
Policy Recommendations ◽  
The Past ◽  
Neoliberal Economics ◽  
The Cross ◽  
The 1950S

This chapter begins with a discussion of the roots of economic history. It then turns to the identity crisis faced by economic history today, brought about by the development of a movement founded in the United States at the end of the 1950s known as “new economic history” or “cliometrics.” History is normally expected to improve our understanding of the past. It is probably agreed that what distinguishes good historical research is its capacity to throw light on the workings of societies that differ to varying degrees from our own. However, the aim of cliometrics is not to increase our knowledge of the past. It is to create narratives of the past compatible with neoliberal economics, and often it is a highly ideological exercise to endorse specific worldviews, theories, and policy recommendations.

Materials for Austrian History in the National Archives Microfilm Series

1968 ◽  
Vol 4 ◽  
pp. 335-343
Author(s):  
John Haag ◽  
W. Robert Houston
Keyword(s):  
United States ◽  
Economic History ◽  
Political History ◽  
Military History ◽  
The United States ◽  
Primary Sources ◽  
German History ◽  
American Historical Association ◽  
The Past ◽  
National Archives

One of the most useful and easily accessible guides to primary sources relating to Austrian, Hungarian, and Austro- German history for the years 1933–1945 available in the United States is the continuing multivolume series prepared under the direction of the Committee for the Study of War Documents of the American Historical Association entitled Guides to German Records microfilmed at Alexandria, Va. (Washington, D. C.: The National Archives, National Archives and Records Service, General Services Administration, 1958-). In the past a person using this series has had to go through all the volumes page by page. This article is intended to provide a working guide to this widely scattered material, much of which has remained buried amid a mass of other data. The listings which follow are suggestive rather than exhaustive. Although the annotations are concentrated on what the authors believe are the more immediately valuable materials in each category, every page cited contains documents related to the general historical area in each section. Our breakdown is divided into the following five sections: (1) economic history, (2) military history, (3) Nazi administration and repression, (4) political history, and (5) miscellaneous materials.

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