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Articles 1 - 23 of 23
Full-Text Articles in Law
Law As... Theory And Practice In Legal History Law As...: Theory And Method In Legal History, Christopher Tomlins, John Comaroff
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
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
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
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
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
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
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
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
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
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
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
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
The Consumption Of History In The Legal Academy: Science And Synthesis, Perils And Prospects, Review Essay, Christopher Tomlins
Christopher Tomlins
No abstract provided.
Threepenny Constitution (And The Question Of Justice), The Legal History Symposium Honoring Professor Wythe Holt, Christopher Tomlins
Threepenny Constitution (And The Question Of Justice), The Legal History Symposium Honoring Professor Wythe Holt, Christopher Tomlins
Christopher Tomlins
No abstract provided.
A Mysterious Power: Industrial Accidents And The Legal Construction Of Employment Relations In Massachusetts, 1800-1850, Christopher L. Tomlins
A Mysterious Power: Industrial Accidents And The Legal Construction Of Employment Relations In Massachusetts, 1800-1850, Christopher L. Tomlins
Christopher Tomlins
No abstract provided.
"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff
"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff
Christopher Tomlins
No abstract provided.
The New Deal, Collective Bargaining, And The Triumph Of Indistrial Pluralism, The Nlra: A Symposium, Christopher L. Tomlins
The New Deal, Collective Bargaining, And The Triumph Of Indistrial Pluralism, The Nlra: A Symposium, Christopher L. Tomlins
Christopher Tomlins
This paper addresses what the author views as a prevailing misconception of labor law theorists and practitioners: that the goal of the Wagner Act was no more than the promotion of peaceful negotiating procedures and written agreements between organized interests-unions and employerspresumptively equal in power. The author argues that in fact the NLRA was drafted, and for a time implemented, with the avowed purpose of giving workers equality with employers in all aspects of industrial policy making, and that the now-prevalent approach became ascendant only after considerable conflict and the displacement of the Act's original administrators.
Transplants And Timing: Passages In The Creation Of An Anglo-American Law Of Slavery Histories Of Legal Transplantations, Christopher Tomlins
Transplants And Timing: Passages In The Creation Of An Anglo-American Law Of Slavery Histories Of Legal Transplantations, Christopher Tomlins
Christopher Tomlins
This Article applies the concept of "legal transplant" to the slavery regimes that sprang up in all regions of settlement during the first two centuries of English colonization of mainland America. Using a distinction between "extrastructure" and "intrastructure," we can divide the Anglo-American law of slavery into discourses of explanation/justification and technologies of implementation. The two components were produced from distinct sources. English law possessed few intellectual resources that could be mobilized to justify and explain slavery as an institution. Here we find the law of nature and nations uppermost. English law offered many resources, however, for the management, distribution …
Foreword: “Law As . . .” Ii, History As Interface For The Interdisciplinary Study Of Law, Christopher Tomlins
Foreword: “Law As . . .” Ii, History As Interface For The Interdisciplinary Study Of Law, Christopher Tomlins
Christopher Tomlins
No abstract provided.
What Would Langdell Have Thought? Uc Irvine’S New Law School And The Question Of History, Christopher Tomlins
What Would Langdell Have Thought? Uc Irvine’S New Law School And The Question Of History, Christopher Tomlins
Christopher Tomlins
No abstract provided.
A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins
A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins
Christopher Tomlins
No abstract provided.
Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins
Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins
Christopher Tomlins
No abstract provided.
In This Issue , Christopher Tomlins