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Full-Text Articles in Legal History
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Faculty Publications
One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …
Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney
Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney
Faculty Publications
The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal …
Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney
Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney
Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Faculty Publications
No abstract provided.
John Marshall's Preparation For The Bar -- Some Observations On His Law Notes, William F. Swindler
John Marshall's Preparation For The Bar -- Some Observations On His Law Notes, William F. Swindler
Faculty Publications
No abstract provided.
Legal History – Unhappy Hybrid, William F. Swindler
Legal History – Unhappy Hybrid, William F. Swindler
Faculty Publications
No abstract provided.
Common Law At Jamestown Celebration, William F. Swindler
Common Law At Jamestown Celebration, William F. Swindler
Faculty Publications
No abstract provided.