... identify reasons why impact can be inconspicuous and why this should lead to revisionist accounts of legal history. I argue that this approach compels us to look in different places, widen our intellectual bandwidth, and rethink what constitutes law reform. law reform feminist legal history family law...

... of a common law power to dissect challenges narratives ordinarily told about the history of anatomy law specifically and the law of the dead generally. The power may also still exist if legislation in a jurisdiction has not displaced or substantially altered it. Through medico-legal history, the author argues...

... price laesio enormis legal history European private law It must be rare that discoveries which transform mathematics also undermine legal rules. Yet this is precisely what happened when probability was first developed in the second half of the 17th century and the first decades...

... a historical perspective on capacity to consent to sex. It examines who could make decisions about sex, whose consent mattered and why. The article draws from legal history and from transcripts and testimonies in unreported sexual offence cases in England, heard in the Central Criminal Court in London...

..., Jeffrey Pojanowski, Jenny Steele, Matthew Steilen, Lindsay Stirton, Amy Watson and the journal’s anonymous reviewers. We also thank participants who discussed earlier versions of this article at the British Legal History Conference 2022, the annual meetings of the American Society for Legal History...

... legal history to bear on arguments for judicial diversity. Drawing on original archival research, it focuses on the establishment of the Industrial Court in 1919 and tells, for the first time, how there came to be statutory requirement for women’s presence on the court. It argues that the quality...

... University Press, Standard Journals Publication Model ( https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights ) Abstract This article advocates for the adoption of legal history in the study of refugee law and associated legal scholarship. It begins by illustrating the meaning and value of legal...

...Stephen T Casper Injury Disability Insurance Legal history Industrial accidents Progressive-era United States In November 1909, a terrible fire broke out in a coal mine in Cherry, Illinois. Days later it became clear that 259 men and boys had died — some from the fire, some from suffocation...

[email protected] 2022 This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model ( https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights ) Abortion Religion Medicine Legal history Early modern Italy In this work, John...

... tendencies and techniques in states’ legal practices, specifically in the security context and more generally within criminal law as a vector of state power across the political spectrum. security criminal law authoritarianism liberal democracy Fascism comparative legal history On 15–16 September 1931...

... of interest in the lives of early women lawyers, and women’s legal history generally, feminist legal history remains largely undeveloped in the UK. Drawing on examples of women’s representation in and engagement with law and law reform in the UK and Ireland, this article delineates the method, scope...

..., translated with an Introduction by Valentin Jeutner. Radbruch addresses the way in which law's image of the human informs the operation and content of law. jurisprudence legal history legal philosophy natural law legal reasoning This image has varied in different legal eras. One might even say...

... is that the introduction of the term, while reactionary, may still be seen in terms of the development of the legal subject in the English common law. duty legal history 18th century 19th century legal subject There is a growing body of research that is looking at the development of the legal subject in the common...

... that primarily adopt ideas from abroad, rather than generating ideas capable of stimulating and shaping developments elsewhere. legal transplants communication practices mixed legal systems comparative law Scotland England influence circulation of legal ideas legal history Comparative lawyers have long...

..., by reviving a seemingly forgotten episode in the legal history of self-determination, this article shows that during the UN Security Council’s second year of operation, in 1947, the United Kingdom invoked the right of self-determination of another people, the Sudanese, as their legal entitlement, in its...

... a fascinating case study in the development of common law doctrine, and argues that the future need not be wholly bleak for one of our longest-lived canons of construction. contract law legal history interpretation contra proferentem There was, though, a further complication. While many deeds could be made...

... treaty talk did not break the settler contract, it posed a significant challenge to settler law and led one judge to reinvent a Canadian myth of benevolent empire. indigenous history legal history treaty-making sovereignty borderlands Michael Sikyea had not yet taken hold of his...

... and of capital punishment were changing at this time, and how important political networks were in securing legislative reforms. criminal justice criminal process courts gender legal history sentencing In 1919, women were for the first time permitted to sit on grand and trial juries in England and Wales...

.... right of asylum legal history 1951 Refugee Convention refugee subject In judging any imperfect system, there is always the question of whether it can be reformed from within, tweaked for improvements or whether the problems are foundational and thus unreformable. Precious few would argue...

... and defend narrow parameters for it. unjust enrichment private law legal history, tracing property restitution There has been a doctrinal revolution in private law, and its protagonist is the old indebitatus assumpsit action for money had and received. Over the last three decades, the many...