>>> Item number 121, dated 93/09/07 19:31:48 -- ALL
Date: Tue, 7 Sep 1993 19:31:48 CDT
Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET>
Sender: Legal History discussion list <H-LAW@UICVM.BITNET>
From: cfcrw@ecnuxa.bitnet
Subject: Re: legal historiography
You might start with David H. Flaherty's general introduction in
his edited work, ESSAYS IN THE HISTORY OF EARLY AMERICAN LAW (1969). Then move on to Stanley Katz's essay in Jack Greene and J.R. Pole, eds., COLONIAL BRITISH AMERICA (1984). You should then look at the excellent bibliographical essay in Kermit Hall's, THE MAGIC MIRROR: LAW IN AMERICAN HISTORY (1989), which mentions additional sources for historiographical essays. But the best essays (I just remembered) are in a special edition of the William and Mary Quarterly entitled "Law and Society in Early America" (January 1993).
Good luck,
E. Wayne Carp
<CARP_W@PLU.BITNET
Pacific Lutheran University
Department of History
>>> Item number 122, dated 93/09/07 19:35:46 -- ALL
Date: Tue, 7 Sep 1993 19:35:46 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography
As a third year graduate student interested in legal history, I have come across several excellent surveys of legal history with very good bibliographies. Among the best (that you've not mentioned) I would include J. H. Baker's Introduction to Legal History, a third edition of which has recently come from the press. While there isn't much on historiography as such, references at the end of each chapter in the second edition provide a wealth of information on current trends in legal history, provided one is willing to spend time following through at the library. --Robert Tripp, rktripp@artsci.wustl.edu
>>> Item number 123, dated 93/09/07 19:38:29 -- ALL
Date: Tue, 7 Sep 1993 19:38:29 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography
Regarding legal bibliography: That old warhorse, Kelly, Harbison, and Belz, The American Constitution, has a good bibliography. There are also many fine essays in two recent anthologies on legal history in the South. One is called Uncertain Tradition and is edited by Kermit Hall and James Ely. The other is called Ambivalent Legacy and is edited by David Bodenhamer and James Ely. An older book that I have found helpful is Kent Newmyer's survey of the Marshall and Taney courts.
There is also a good deal of legal bibliography in Chris Tomlins's new book on labor relations in the early republic, and in Hartog's book on the corporation of the city of New York.
Richard R. John
University of Illinois at Chicago
>>> Item number 124, dated 93/09/08 07:53:57 -- ALL
Date: Wed, 8 Sep 1993 07:53:57 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: legal historiography
No one has mentioned:
Kermit Hall. *Major Problems in American Constitutional History* D.C. Heath.
This book (two volumes) has excerpts of major writings in Constitutional history--very good for a "quick fix" "all-in-one-place" guide to the literature.
Chris Waldrep
cfcrw@uxa.ecn.bgu.edu
Eastern Illinois University
Department of History
>>> Item number 125, dated 93/09/08 07:55:12 -- ALL
Date: Wed, 8 Sep 1993 07:55:12 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography
I'm fascinated by the exchange, and anxious to see more contributions. But why the focus on the early period of American history? Is it because one cannot help but regard it as THE formative period in the history of American law? Does it just happen to be the case that most serious historiography has been written about the work that deals with the preand post-Revolutionary periods? The name of Kermit Hall has been mentioned. But is anyone going to mention J. Willard Hurst? Or suggest some sources that survey what we know about the formative contributions of law to the shaping of the present century? Are there good historiographies of the social origins and social impacts of labor law, environmental law, the law of domestic relations?
G A Wandesforde-Smith
UC Davis
>>> Item number 126, dated 93/09/08 18:48:05 -- ALL
Date: Wed, 8 Sep 1993 18:48:05 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography
Another work not yet mentioned so far is Lawrence Friedman's A HISTORY OF AMERICAN LAW, which has a bibliographic essay on American legal history that I've found quite useful.
>>> Item number 127, dated 93/09/08 18:51:38 -- ALL
Date: Wed, 8 Sep 1993 18:51:38 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography
There is a fair amount of writing on the historiography of American legal and constitutional history. One of the first places to look for references is in Kermit L. Hall, THE MAGIC MIRROR: LAW IN AMERICAN HISTORY. There are also some helpful citations in Urofsky, THE MARCH OF LIBERTY. During the constitutional bicentennial the WILLIAM AND MARY LAW REVIEW did an entire issue on legal history; shortly thereafter the JOURNAL OF AMERICAN HISTORY devoted an entire issue to the subject of constitutional history. There are also some good references in my seven-volume COMPREHENSIVE BIBLIOGRAPHY OF AMERICAN CONSTITUTIONAL AND LEGAL HISTORY, published by Kraus International. I hope the above helps.
Kermit L. Hall
The University of Tulsa
In Message Wed, 8 Sep 1993 07:55:12 CDT, cfcrw%ecnuxa.BITNET@uga.cc.uga.edu writes:
> > I'm fascinated by the exchange, and anxious to see more contributions.
> > But why the focus on the early period of American history? Is it because
> > one cannot help but regard it as THE formative period in the history of
> > American law? Does it just happen to be the case that most serious
> > historiography has been written about the work that deals with the pre-
> > and post-Revolutionary periods? The name of Kermit Hall has been
> > mentioned. But is anyone going to mention J. Willard Hurst? Or suggest
> > some sources that survey what we know about the formative contributions of
> > law to the shaping of the present century? Are there good
> > historiographies of the social origins and social impacts of labor law,
> > environmental law, the law of domestic relations?
> >
> > G A Wandesforde-Smith
> > UC Davis
> Kermit L. Hall AS_KLH@vax1.utulsa.edu
>
>>> Item number 128, dated 93/09/08 18:55:30 -- ALL
Date: Wed, 8 Sep 1993 18:55:30 CDT
Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET>
Sender: Legal History discussion list <H-LAW@UICVM.BITNET>
From: cfcrw@ecnuxa.bitnet
Subject: More Legal Historiography
Didn't meant to give the impression that I thought the early
American period was THE formative period in the history of American law. It is simply the period that I know best and given Bob's concentration in early American history believed I was contributing to both sides of his interests.
For other historiographical surveys one might consult the collection of essays by Lawrence M. Friedman and Harry N. Scheiber, eds., LAW AND THE CONSTITUTIONAL ORDER: HISTORICAL PERSPECTIVES (Enlarged ed., 1988), especially Friedman's essay, "American Legal History: Past and Present."
I might also hazard a generalization that legal historians write fewer historiographic essays than, say, historians of the Progressive Era. If I am right, I'm not sure why this is so. Perhaps, those who write legal history are lawyers first and historians second. Thus, they are not "historiographically" trained. What do others think?
E. Wayne Carp
<CARP_W@PLU.BITNET>
Pacific Lutheran University
Dept. of History
>>> Item number 129, dated 93/09/08 18:58:35 -- ALL
Date: Wed, 8 Sep 1993 18:58:35 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography
G A Wandesforde-Smith writes:
> Or suggest
> some sources that survey what we know about the formative contributions of
> law to the shaping of the present century?
the series _borzio books in law and american society_ are extremely useful. the modern legal history volume is gerald l. fetner _ordered liberty: legal reform in the twentieth century_ (knopf).
> Are there good
> historiographies of the social origins and social impacts of labor law,
> environmental law, the law of domestic relations?
how about: Kermit L. Hall, _law, society, and domestic relations : major
historical interpretations_. New
York : Garland Pub., 1987,
--
>>> Item number 130, dated 93/09/08 19:01:35 -- ALL
Date: Wed, 8 Sep 1993 19:01:35 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography M.Grossberg
In response to Bob Pasker's question about historiography: One good, short place to start is Michael Grossberg's article _Social History Update: 'Fighting Faiths' and the Challenges of Legal History_, it is in the Journal of Social History vol. 25 (fall 1991), pp. 191-201.
Elizabeth Dale
U of Chicago
>>> Item number 133, dated 93/09/09 12:47:03 -- ALL
Date: Thu, 9 Sep 1993 12:47:03 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: legal historiography
From: Doug Greenberg <U27777%UICVM@UIC.EDU> The best single book on history of Am. law is Lawrence Freedman's and it has a good bibliography. But there is no single bibliography thatwill do the trick. Kermit Hall's book also has a good bibliographic essay and there is a good series of collected essays that Garland Press has reprinted with Paul Finkelman and Kermit Hall as editors. Also try going through back issues of AJLH since the mid 60s. There have been occasional historiographic review essays there, both on the general field and specific topics. In the end, though, you will find that you will have to build your own bibliogrpahies and historiographic sense. That's what grad school is about!!!