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Borderlines in Private Law

Edited by: William Day, Julius Grower
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In Between and Across: Legal History Without Boundaries


ISBN13: 9780197680995
To be Published: January 2025
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £81.00



The boundaries between the history of law and the history of everything else are quite blurry nowadays. Whether one is asking questions about the origins of the carceral state, the relationship between slavery and capitalism, the history of migration flows and empires, the longer story of human rights, the building of the straight state, the role of religion in public life, or many others, there is a shared belief that law and its history matters. In fact, legal historians began to focus on the blurring of boundaries such as those between markets and politics, between identity and state power, as well as between national borders and the flows of people, capital and ideas around the world.

Legal history, broadly conceived, seems to mark much of the most exciting work that is redrawing the boundaries of historical scholarship in many areas of study. In Between and Across: Legal History without Boundaries gathers some of the newest and freshest work by both younger and established scholars who are carrying forward that project and extending it into new areas of historical inquiry. It captures the best of the new and innovative tools and questions that have made law a central plane of inquiry, charts novel directions for the field, and poses broader questions concerning the past, present, and future.

Crossing a wide variety of geographic areas (from British-ruled Australia to colonial India and Malaysia, to the United States), the authors sketch new boundaries for the field to cross - boundaries of time, geography, and method - and claim that legal history provides the language to talk across national borders.

Subjects:
Legal History
Contents:
Introduction: Rewriting the Boundaries of Legal History, Kenneth W. Mack and Jacob Katz Cogan

Part I: The Political Economy of Time
1. Views from Rathole Mountain: A Lawscape Journey through Old Virginia, Matthew Axtell
2. The Rise of Retail Stockholder Litigation and the Creation of the Plaintiff's Bar in American Business Law, 1930-1950, Donna Dennis
3. Private Law, Public Welfare, Marital Ideals, and The Gender Binary . . . or, What I Learned at the Socio-Legal Revolution, Felicia Kornbluh
4. Power of the Purse: How “the Philanthropic North” Has Helped Determine Which Individuals, Groups, and Ideas in the Black Freedom Struggle Will Thrive Nationally, Maribel Morey
5. “Kindred to Treason”: Conspiracy Laws in the United States, Sarah Seo

Part II: Law, Space, and Place in History
6. The Case as Episode: Murder and Migration in Colonial Australia, Catherine L. Evans
7. The Chain and the Rope: Illuminating Constitutional Traditions, Maeve Glass
8. South Asians at the Inns of Court: Empire, Expulsion, and Redemption circa 1900, Mitra Sharafi

Part III: Rethinking Method: Law and Everything Else
9. “Our Experiences Make Us Who We Are”: Lessons from Thomas Ruffin and Dirk Hartog, Jessica K. Lowe
10. Debtor Constitutionalism, Farah Peterson
11. Roosters and Resistance, Christina D. Ponsa-Kraus
12. Law, History, and the Interwar ACLU's Jewish Lawyers, Laura Weinrib