Search results for: subversive-legal-history

Subversive Legal History

Author : Russell Sandberg
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Provocative, audacious and challenging, this book rejuvenates not only the historical study of law and 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 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 that legal change on a larger scale is possible. Subversive Legal History is not a type of Legal History but is a characteristic. 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. The 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 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.

Subversive Legal History

Author : Russell Sandberg
File Size : 89.73 MB
Format : PDF, ePub, Mobi
Download : 767
Read : 331
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Provocative, audacious and challenging, this book rejuvenates not only the historical study of law and 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 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 that legal change on a larger scale is possible. Subversive Legal History is not a type of Legal History but is a characteristic. 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. The 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 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.

Comparative Legal History

Author : Olivier Moréteau
File Size : 42.45 MB
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The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Leading Works in Law and Religion

Author : Russell Sandberg
File Size : 67.36 MB
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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.

Research Handbook on the Sociology of Law

Author : Jiří Přibáň
File Size : 56.57 MB
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This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

Quiet Revolutionaries

Author : Sharon Thompson
File Size : 86.39 MB
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This book tells the untold story of the Married Women's Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women's Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Quiet Revolutionaries sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members' friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up.

Poetry Politics and the Law in Modern Ireland

Author : Adam Hanna
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Poetry, Politics, and the Law in Modern Ireland is a richly detailed exploration of how modern Irish poetry has been shaped by, and responded to, the laws, judgments, and constitutions of both of the island’s jurisdictions. Focusing on poets’ responses in their writing to such contentious legal issues as partition, censorship, paramilitarism, and the curtailment of women’s reproductive and other rights, this monograph is the first in the growing field of law and literature to focus exclusively on modern Ireland. Hanna unpacks the legal engagements of both major and non-canonical poets from every decade between the 1920s and the present day, including Rhoda Coghill, Austin Clarke, Paul Durcan, Elaine Feeney, Miriam Gamble, Seamus Heaney, Thomas Kinsella, Paula Meehan, Julie Morrissy, Doireann Ní Ghríofa, and W. B. Yeats. Poetry from the time of independence onwardhas been shaped by two opposing forces. On the one hand, the Irish public has traditionally had strong expectations that poets offer a dissenting counter-discourse to official sources of law. On the other hand, poets have more recently expressed skepticism about the ethics of speaking for others and about the adequacy of art in performing a public role. Hanna’s fascinating study illuminates the poetry that arises from these antithetical modern conditions.

Religion and Marriage Law

Author : Sandberg, Russell
File Size : 87.99 MB
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Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.

Organised Crime and the Law

Author : Liz Campbell
File Size : 39.45 MB
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Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.

Religion and Law in the United Kingdom

Author : Mark Hill QC
File Size : 23.96 MB
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how the United Kingdom: Great Britain deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in the United Kingdom: Great Britain. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.