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Full-Text Articles in Law

Re-Interpreting Blackstone's Commentaries: A Seminal Text In National And International Contexts, Christopher Tomlins Feb 2018

Re-Interpreting Blackstone's Commentaries: A Seminal Text In National And International Contexts, Christopher Tomlins

Christopher Tomlins

Book review of Re-Interpreting Blackstone's Commentaries, edited by Wilfred Prest


Fierce And Critical Faith: A Remembrance Of Penny Pether, Christopher Tomlins Feb 2018

Fierce And Critical Faith: A Remembrance Of Penny Pether, Christopher Tomlins

Christopher Tomlins

No abstract provided.


Review Essay - The Consumption Of History In The Legal Academy: Science And Synthesis, Perils And Prospects, Christopher Tomlins Feb 2018

Review Essay - The Consumption Of History In The Legal Academy: Science And Synthesis, Perils And Prospects, Christopher Tomlins

Christopher Tomlins

No abstract provided.


Book Review: Nat Turner And The Rising In Southampton County Bu David F. Allmendinger Jr., Christopher Tomlins Feb 2018

Book Review: Nat Turner And The Rising In Southampton County Bu David F. Allmendinger Jr., Christopher Tomlins

Christopher Tomlins

No abstract provided.


Foreword: “Law As . . .” Iii—Glossolalia: Toward A Minor (Historical) Jurisprudence, Christopher Tomlins Feb 2018

Foreword: “Law As . . .” Iii—Glossolalia: Toward A Minor (Historical) Jurisprudence, Christopher Tomlins

Christopher Tomlins

No abstract provided.


Law And, Law In, Law As: The Definition, Rejection And Recuperation Of The Socio-Legal Enterprise, Christopher L. Tomlins Feb 2018

Law And, Law In, Law As: The Definition, Rejection And Recuperation Of The Socio-Legal Enterprise, Christopher L. Tomlins

Christopher Tomlins

The critical moment in socio-legal studies that flowered in the United States and elsewhere between the mid-1970s and the early 1990s coincided with the maturation of the Legal Studies Department at Melbourne's LaTrobe University. During its two-decade span (1972-1994) La Trobe Legal Studies developed multidisciplinary critical and theoretical perspectives on law as substance, as professional practice, as field of academic inquiry to an extent and depth unrivalled in Australia or, with just a few exceptions, internationally. This essay charts the particular trajectory followed by one of those perspectives, legal history, both at La Trobe and in the wider world. Simultaneously, …


In This Issue , Christopher Tomlins Feb 2018

In This Issue , Christopher Tomlins

Christopher Tomlins

No abstract provided.


In This Issue , Christopher Tomlins Feb 2018

In This Issue , Christopher Tomlins

Christopher Tomlins

No abstract provided.


Book Review Of The Inception Of Modern Professional Education: C.C. Langdell, 1826-1906, By Bruce A. Kimball, Christopher Tomlins Feb 2018

Book Review Of The Inception Of Modern Professional Education: C.C. Langdell, 1826-1906, By Bruce A. Kimball, Christopher Tomlins

Christopher Tomlins

No abstract provided.


The Confessions Of Nat Turner: A Paratextual Analysis, Christopher Tomlins Feb 2018

The Confessions Of Nat Turner: A Paratextual Analysis, Christopher Tomlins

Christopher Tomlins

This essay uses techniques advanced by the structuralist literary theorist Gerard Genette to examine the pamphlet, The Confessions of Nat Turner, written in the aftermath of the Turner slave rebellion (Southampton County, Virginia, August 1831). Like all documents generated in the course of master-class investigations of slave revolts - alleged or actual - The Confessions of Nat Turner raises obvious evidentiary quandaries: credibility, reliability, authenticity. Precisely what kind of historical source is this document? How should it be interrogated? What can it tell us? These questions become particularly important in light of controversies over the use of sources by historians …


Foreword: Law As...Iii - Glossolalia: Toward A Minor (Historical) Jurisprudence, Christopher Tomlins Feb 2018

Foreword: Law As...Iii - Glossolalia: Toward A Minor (Historical) Jurisprudence, Christopher Tomlins

Christopher Tomlins

No abstract provided.


In This Issue , Christopher Tomlins Feb 2018

In This Issue , Christopher Tomlins

Christopher Tomlins

No abstract provided.


The Presence And Absence Of Legal Mind: A Comment On Duncan Kennedy's Three Globalizations, Christopher Tomlins Feb 2018

The Presence And Absence Of Legal Mind: A Comment On Duncan Kennedy's Three Globalizations, Christopher Tomlins

Christopher Tomlins

No abstract provided.


The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins Feb 2018

The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins

Christopher Tomlins

No abstract provided.


In This Issue , Christopher Tomlins Feb 2018

In This Issue , Christopher Tomlins

Christopher Tomlins

No abstract provided.


Book Review: Rights V. Conspiracy: A Sociological Essay On The History Of Labour Law In The United States, Christopher L. Tomlins Feb 2018

Book Review: Rights V. Conspiracy: A Sociological Essay On The History Of Labour Law In The United States, Christopher L. Tomlins

Christopher Tomlins

No abstract provided.


Book Review: Whose Law: What Order: Historicist Interventions In The War Against Crime, Christopher L. Tomlins Feb 2018

Book Review: Whose Law: What Order: Historicist Interventions In The War Against Crime, Christopher L. Tomlins

Christopher Tomlins

No abstract provided.


Law As... Theory And Practice In Legal History Law As...: Theory And Method In Legal History, Christopher Tomlins, John Comaroff Jun 2015

Law As... Theory And Practice In Legal History Law As...: Theory And Method In Legal History, Christopher Tomlins, John Comaroff

Christopher Tomlins

No abstract provided.


The Presence And Absence Of Legal Mind: A Comment On Duncan Kennedy’S Three Globalizations, Christopher Tomlins Jun 2015

The Presence And Absence Of Legal Mind: A Comment On Duncan Kennedy’S Three Globalizations, Christopher Tomlins

Christopher Tomlins

No abstract provided.


In A Wilderness Of Tigers: Violence, The Discourse Of English Colonizing, And The Refusals Of American History Writing Legal History, Christopher Tomlins Jun 2015

In A Wilderness Of Tigers: Violence, The Discourse Of English Colonizing, And The Refusals Of American History Writing Legal History, Christopher Tomlins

Christopher Tomlins

This essay addresses the first century of English colonization of the North American mainland. Rather than narrate a familiar story of events - migration, settlement, the creation of viable Anglophone cultures amid hardship and danger - it pursues a less familiar track by examining the terms upon which English adventurers and their contemporaries understood the world they inhabited, the process of transatlantic expansion upon which they were engaged, and, in particular, the justifications they espoused for their appropriations of space from its existing inhabitants. My examination concentrates in particular on the conjoined discourses, literary and legal, in which the meanings …


History In The American Juridical Field: Narrative, Justification, And Explanation , Christopher Tomlins Jun 2015

History In The American Juridical Field: Narrative, Justification, And Explanation , Christopher Tomlins

Christopher Tomlins

No abstract provided.


Legal Cartography Of Colonization, The Legal Polyphony Of Settlement: English Intrusions On The American Mainland In The Seventeenth Century, The Symposium: Colonialism, Culture, And The Law, Christopher Tomlins Jun 2015

Legal Cartography Of Colonization, The Legal Polyphony Of Settlement: English Intrusions On The American Mainland In The Seventeenth Century, The Symposium: Colonialism, Culture, And The Law, Christopher Tomlins

Christopher Tomlins

This essay investigates the first century of English colonization of the North American mainland, concentrating on the charters and letters patent that proponents of western planning secured over the course of the century. The elaborated legalities of chartering should be understood as a technology of planning and design. Charters allowed projectors both to justify their pursuit of particular territorial claims and to establish, with some precision, the conceptions of the appropriate, familiar, desired order of things and people that would be imposed onto uncharted social and physical circumstance. The structures of authoritative sociolegal order planned by projectors encountered others implicit …


Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins Jun 2015

Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins

Christopher Tomlins

No abstract provided.


American Legal History In Retrospect And Prospect: Reflections On The Twenty-Fifth Anniversary Of Morton Horwitz's Transformation Of American Law Review Symposium On The 25th Anniversary Of Horwitz's Transformation I, Christopher Tomlins Jun 2015

American Legal History In Retrospect And Prospect: Reflections On The Twenty-Fifth Anniversary Of Morton Horwitz's Transformation Of American Law Review Symposium On The 25th Anniversary Of Horwitz's Transformation I, Christopher Tomlins

Christopher Tomlins

This short essay attempts no intellectual history of Morton Horwitz. Others have already pursued that task with accomplishment (see, for example, Ernst 1993). Honoring the spirit of Horwitz's Toronto address, however, my comments will range widely across the terrain of American legal historyas I see it. My point of departure is, of course, furnished by the subject immediately at hand-Horwitz's first Transformation of American Law.


Walter Johnson, River Of Dark Dreams: Slavery And Empire In The Cotton Kingdom Book Review, Christopher Tomlins Jun 2015

Walter Johnson, River Of Dark Dreams: Slavery And Empire In The Cotton Kingdom Book Review, Christopher Tomlins

Christopher Tomlins

No abstract provided.


Framing The Field Of Law's Disciplinary Encounters: A Historical Narrative , Christopher Tomlins Jun 2015

Framing The Field Of Law's Disciplinary Encounters: A Historical Narrative , Christopher Tomlins

Christopher Tomlins

In this article I address the historical interrelationship of law and social science. I explore the separation of "law" and "social science" during the later 19th century, examine their relationship over the next 50 years, and finally take up their more elaborate post-World War II interaction, culminating in the birth and development of the law and society movement. The narrative focuses on two realms of encounter, the intellectual and the institutional, or "spatial," and in the latter case on two particular locales-the academy and the state. Histories of the interaction of law and social science have mostly pursued its academic …


History In The American Juridical Field: Narrative, Justification, And Explanation, Christopher Tomlins Jun 2015

History In The American Juridical Field: Narrative, Justification, And Explanation, Christopher Tomlins

Christopher Tomlins

Law in the contemporary United States has achieved unchallenged ascendancy as the principal arena and discourse for decisionmaking in social and political affairs. Law's capacity to dominate in such decisionmaking is largely dependent on popular confidence in the legitimacy and efficacy of the rules it produces. Legitimacy is in turn grounded upon the repeated invocation over time of foundational values associated with the juridical form: law's objectivity in application (no one is above the law), universality in implementation (one law for all), and neutrality in outcome (the law does not take sides). Together, these values compose what I shall call …


Revolutionary Justice In Brecht, Conrad, And Blake , Christopher Tomlins Jun 2015

Revolutionary Justice In Brecht, Conrad, And Blake , Christopher Tomlins

Christopher Tomlins

Historians have approached the scholarly genre of "law and literature as a means to mine works of literature for images, descriptions, and representations of law and legal events in historical (or historical-analogical) contexts. The questions asked are framed by history and treat literature as source materiaL Suppose we instead make literature our frame and history our subject. What can literature as form tell historians about "history" as we currentlypractice it? How might an inspection of literature as a practice change the practice of legal historians? Here I consider the possibilities through an examination of time and justice, and particularly the …


The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins Jun 2015

The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins

Christopher Tomlins

This Article reflects on possible conclusions to be drawn from this symposium. The article concludes that individually, these authors have demonstrated the returns to be gained by pushing labor law history into new empirical and conceptual areas. Collectively, however, their achievement is somewhat different, for collectively they recommend that we revisit what is ostensibly familiar to us.


The Consumption Of History In The Legal Academy: Science And Synthesis, Perils And Prospects, Review Essay, Christopher Tomlins Jun 2015

The Consumption Of History In The Legal Academy: Science And Synthesis, Perils And Prospects, Review Essay, Christopher Tomlins

Christopher Tomlins

No abstract provided.