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Making Legal History
Approaches and Methodologies

Anthony Musson, Chantal Stebbings, Sir John Baker, Paul Brand, James Oldham, Patrick Polden, David M. Rabban, Marcel Senn, Dirk Heirbaut, David Ibbetson, Sean Donlan, Paul McHugh, Wilf Prest, Michael Stuckey, Jane Frecknall-Hughes, Richard Ireland
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  • Date Published: January 2012
  • availability: Available
  • format: Hardback
  • isbn: 9781107014497

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About the Authors
  • Drawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.

    • Explanations of the fundamental methodological underpinning of legal history research will benefit all readers with an interest in legal history
    • Reflects a wealth of experience in legal history research and provides readers with a breadth of insight into the writing of legal history spanning jurisdictions and cultures from across the world
    • Addresses the methodology of legal history through individual research interests and experience, thus providing insights into the basis of specific subjects within legal history scholarship which may be of interest to the specialist reader
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    Reviews & endorsements

    'This volume is highly recommended to all those involved in legal historical research. It contains a great deal of very practical advice, and it lucidly articulates the methods of many leading scholars in the field. Professor Musson and Professor Stebbings are to be congratulated on the compilation of a very useful and well-presented book. No university law library should be without a copy.' Andrew R. C. Simpson, The Edinburgh Law Review

    'This book is highly important.' Adelyn L. M. Wilson, Comparative Legal History

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    Product details

    • Date Published: January 2012
    • format: Hardback
    • isbn: 9781107014497
    • length: 330 pages
    • dimensions: 231 x 160 x 20 mm
    • weight: 0.61kg
    • contains: 8 b/w illus.
    • availability: Available
  • Table of Contents

    Introduction Anthony Musson and Chantal Stebbings
    Foreword: reflections on 'doing' legal history Sir John Baker
    1. Editing law reports and doing legal history: compatible or incompatible projects Paul Brand
    2. The indispensability of manuscript case notes to eighteenth-century barristers and judges James Oldham
    3. Judging the judges: the reputations of nineteenth century judges and their sources Patrick Polden
    4. Benefits and barriers: the making of Victorian legal history Chantal Stebbings
    5. The historical turn in late nineteenth-century American legal thought David M. Rabban
    6. The methodological debates in German speaking Europe (1960–90) Marcel Senn
    7. Exploring the minds of lawyers: the duty of the legal historian to write the books of non-written law Dirk Heirbaut
    8. Comparative legal history: a methodology David Ibbetson
    9. 'They put to the torture all the ancient monuments': reflections on making eighteenth-century Irish legal history Sean Donlan
    10. The politics of historiography and the taxonomies of the colonial past: law, history and the tribes Paul McHugh
    11. Lay legal history Wilf Prest
    12. Antiquarianism and legal history Michael Stuckey
    13. Re-examining King John and Magna Carta: reflections on reasons, methodology and methods Jane Frecknall-Hughes
    14. Visual sources: mirror of justice or 'through a glass darkly'? Anthony Musson
    15. Sanctity, superstition and the death of Sarah Jacob Richard Ireland.

  • Editors

    Anthony Musson, University of Exeter
    Anthony Musson is Professor of Legal History at the School of Law and a Director of the Bracton Centre for Legal History Research at the University of Exeter. He is also a Barrister of the Middle Temple and a Fellow of the Royal Historical Society.

    Chantal Stebbings, University of Exeter
    Chantal Stebbings is Professor of Law and Legal History at the School of Law and a Director of the Bracton Centre for Legal History Research at the University of Exeter. She is also a Fellow of the Royal Historical Society, a Fellow of the Institute of Taxation by thesis and Professeur Invité at the University of Rennes I, France.

    Contributors

    Anthony Musson, Chantal Stebbings, Sir John Baker, Paul Brand, James Oldham, Patrick Polden, David M. Rabban, Marcel Senn, Dirk Heirbaut, David Ibbetson, Sean Donlan, Paul McHugh, Wilf Prest, Michael Stuckey, Jane Frecknall-Hughes, Richard Ireland

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