Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Law in Theory and History

New Essays on a Neglected Dialogue

Editor(s): Maksymilian Del Mar, Michael Lobban
Media of Law in Theory and History
See larger image
Published: 17-11-2016
Format: PDF eBook (?)
Edition: 1st
Extent: 368
ISBN: 9781509903863
Imprint: Hart Publishing
RRP: £36.00
Online price : £28.80
Save £7.20 (20%)

This book is also available in other formats: View formats

Please note that ebooks are subject to tax and the final price may vary depending on your country of residence.

Delivery & Returns

Tell others about this product

Loren Epson

About Law in Theory and History

This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.

Table Of Contents

Part I: Introducing the Dialogue Between Legal Theory and Legal History
1. Legal Theory and Legal History: Prospects for Dialogue
Michael Lobban
2. Beyond Universality and Particularity, Necessity and Contingency: On Collaboration Between Legal Theory and Legal History
Maks Del Mar
3. Legal Theory and Legal History: A View from Anthropology
Fernanda Pirie
4. Legal Theory and Legal History: Which Legal Theory?
Sionaidh Douglas-Scott
Part II: Methodology and Historiography
5. Historicism and Materiality in Legal Theory
Christopher Tomlins
6. Legal Consciousness: A Metahistory
Jonathan Gorman
7. Modelling Law Diachronically: Temporal Variability in Legal Theory
Maks Del Mar
8. Is Comparative Law Necessary for Legal Theory?
John Bell
Part III: The History of Theory
9. Reading Juristic Theories In and Beyond Historical Context: The Case of Lundstedt's Swedish Legal Realism
Roger Cotterrell
10. Legal Realism and Natural Law
Dan Priel and Charles Barzun
11. The Role of Rules: Legal Maxims in Early-modern Common Law Principle and Practice
Ian Williams
12. Theory in History: Positivism, Natural Law and Conjectural History in Seventeenth- and Eighteenth-century English Legal Thought
Michael Lobban
Part IV: Uses and Limits of Theory in History
13. Legal History and Legal Theory Shaking Hands: Towards a Gentleman's Agreement About a Definition of the State
Jean-Louis Halpérin and Pierre Brunet
14. Law, Self-interest, and the Smithian Conscience
Joshua Getzler
15. The Practical Dimension of Legal Reasoning
Stephen Waddams
16. Corrective Justice-An Idea Whose Time Has Gone?
Steve Hedley
17. How History Bears on Jurisprudence
Brian Z Tamanaha


“... an excellent and thought-provoking book ... a range of considerations and practical difficulties bringing theory and history together are well problematized and explored in a number of chapters. The reader finishes this book with a sense of the potential for interdisciplinary research both between theory and history, and with wider disciplines. One is left with the feeling that interdisciplinary researchers now have some additional material to add to their arsenal, and should feel bolstered in their belief that legal theory and history are excellent bedfellows.” –  Cerian Charlotte Griffiths, Lancaster University, The Journal of Legal History

“This collection of essays provides benefits to legal theorists and legal historians, and choristers and non-choristers, alike. The collection achieves the editors' aim of extolling the virtues of considering the lessons that can be shared between legal theory and legal history.” –  Paul Burgess Doctoral candidate, University of Edinburgh, Edinburgh Law Review

“It is a complex volume and encompasses a number of different understandings of what a renewed rapport between legal theory and history might entail, but its most compelling claim is that there were not two schools of jurisprudence or legal theory in the twentieth-century, but three: as well as positivism and natural law, there was the “historical” school.” –  Tim Rogan, The Cambridge Law Journal

“... a fascinating and stimulating collection of papers that ought certainly to remind legal theorists that there is much more to their subject than the standard names that seem to dominate many jurisprudence courses.” –  Geoffrey Samuel, Professor of Law, Kent Law School, Comparative Legal History

“The volume is an important contribution to the topic, which has seen something of a resurgence lately and one from which both legal theorists and legal historians will greatly benefit.” –  Shivprasad Swaminathan, The Canadian Journal of Law & Jurisprudence

Law in Theory and History offers much to the reader. It addresses issues of significant historical and theoretical interest from a ... variety of perspectives.” –  David Fraser, University of Nottingham, Modern Law Review

Bookmark and Share