Subversive Legal History

Subversive Legal History
Author: Russell Sandberg
Publisher: Routledge
Total Pages: 260
Release: 2021-07-29
Genre: Education
ISBN: 0429575491

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Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that legal change on a larger scale is possible. Far from being archaic, this recasts legal history as being anarchic. Subversive Legal History is not a type of Legal History but is its defining characteristic if it is to be a central part of Law School life. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. This book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but also to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.

Critical Legal Education as a Subversive Activity

Critical Legal Education as a Subversive Activity
Author: Helen Gibbon
Publisher: Taylor & Francis
Total Pages: 251
Release: 2015-10-16
Genre: Law
ISBN: 1000806693

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In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert – the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.

A Historical Introduction to English Law

A Historical Introduction to English Law
Author: Russell Sandberg
Publisher: Cambridge University Press
Total Pages: 295
Release: 2023-04-30
Genre: History
ISBN: 110709058X

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Designed for those studying law for the first time, this book explores where the English common law came from.

Subversive Law in Ireland, 1879-1920

Subversive Law in Ireland, 1879-1920
Author: Heather Laird
Publisher: Four Courts Press
Total Pages: 200
Release: 2005
Genre: Ireland
ISBN:

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Contributes to a neglected topic in Irish literary and cultural history--the modes of protest and cultural forms available to the subaltern classes under landlordism. Using the economic writings of figures like John Stuart Mill and George Campbell and such literary works as Emily Lawless's 'Hurrish, ' Heather Laird shows that the so-called unwritten "agrarian code" of popular justice, though often depicted as anarchic and pathological, was pro-social as opposed to anti-social, emanating from an alternative moral code whose very existence undermined the legitimacy of the colonial civil law. The book explores this clash of legal systems and the resulting crisis in law administration.--From publisher's description.

The Legal History of the Church of England

The Legal History of the Church of England
Author: Norman Doe
Publisher: Bloomsbury Publishing
Total Pages: 453
Release: 2024-02-22
Genre: Law
ISBN: 1509973184

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This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

Subversive Action

Subversive Action
Author: Nilan Yu
Publisher: Wilfrid Laurier Univ. Press
Total Pages: 263
Release: 2015-12-10
Genre: Social Science
ISBN: 177112086X

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Subversive Action presents cases that explore the use of extralegal action undertaken in pursuit of human rights and social justice, and locate that action with reference to the boundaries of social work. Definitions of social work often include goals of social change, social justice, empowerment, and the liberation of people, but social work texts make little mention of extralegal actions. Mainstream conceptions of social work usually consider it to fall within the framework of particular legal and societal contexts. As such, it is presented with boundaries for legitimate action even as it espouses principles that may require it to challenge these boundaries. How does one do social work in legal and societal contexts that challenge these principles with institutional and state-mandated exclusion and discrimination? Should social workers simply act within the bounds of the law in line with their professional sanction and mandate? Do their actions qualify as social work if they are beyond the limits of the law? The essays in this volume, by authors from around the world, raise these questions by providing a basis for reflection about the claims we make in social work embodied in discourses on social justice and human rights.

Leading Works in Law and Religion

Leading Works in Law and Religion
Author: Russell Sandberg
Publisher: Routledge
Total Pages: 228
Release: 2018-12-07
Genre: Law
ISBN: 042968441X

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Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

A Degraded Caste of Society

A Degraded Caste of Society
Author: Andrew T. Fede
Publisher: University of Georgia Press
Total Pages: 383
Release: 2024-10-01
Genre: Law
ISBN: 0820367117

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A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.

Women, Their Lives, and the Law

Women, Their Lives, and the Law
Author: Victoria Barnes
Publisher: Bloomsbury Publishing
Total Pages: 315
Release: 2023-12-14
Genre: Law
ISBN: 1509962107

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This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK. She has fostered the study of women's academic careers and, more politically, advanced progress on gender and equality issues including same-sex marriage and property law. Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside. Just as Rosemary's work does, the book seeks to end the marginalisation and exclusion of women in the legal world, by including them. The book begins fittingly with a discussion of Miss Bebb, the woman whose biography Auchmuty deployed to push feminist legal history into the mainstream. It turns then to a discussion of women known and unknown and their struggles within the legal profession offering within those chapters a critical appraisal of the role of history and biography as a methodology. From there it moves to consider feminist perspectives and critiques of the dominant structures of private law. This is followed by chapters that explore those who educate the legal profession within the academy. The chapters, and the collection as a whole, examine areas of law that have a deep significance for women's lives.

A Historical Introduction to English Law

A Historical Introduction to English Law
Author: Russell Sandberg
Publisher: Cambridge University Press
Total Pages: 0
Release: 2023-05-11
Genre: Law
ISBN: 9781107462731

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There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.