The Oxford Handbook of Legal History

Markus D. Dubber, University of Toronto, Professor of Law, Christopher Tomlins, Elizabeth J. Boalt Professor of Law, University of California, Berkeley

Markus Dubber is Professor of Law and Director of the Centre for Ethics at the University of Toronto. Much of Markus's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. He has published, as author or editor, eighteen books as well as over seventy papers; his work has appeared in English and German, and has been translated into Arabic, Chinese, Italian, Korean, Persian, and Spanish (ssrn | academia). His publications include Criminal Law: A Comparative Approach (with Tatjana Hornle) (2014); Oxford Handbook of Criminal Law (with Tatjana Hornle) (2014); Foundational Texts in Modern Criminal Law (2014); The New Police Science: The Police Power in Domestic and International Governance (with Mariana Valverde) (2006); The Police Power: Patriarchy and the Foundations of American Government (2005); and Victims in the War on Crime (2002).

Christopher Tomlins is the Elizabeth J. Boalt Professor of Law at the University of California, Berkeley. He joined the Berkeley Law faculty in 2014. Trained as a historian at The Johns Hopkins University, his teaching career began in 1980 at La Trobe University, Melbourne, where he was successively Lecturer, Senior Lecturer, and University Reader in Legal Studies. In 1992 Tomlins joined the research faculty of the American Bar Foundation, Chicago, where he remained until 2009, when he became Chancellor's Professor of Law at the University of California, Irvine. Tomlins' primary affiliation at Berkeley Law is to the Jurisprudence and Social Policy (Ph.D.) program, in which he teaches courses on the history and law of slavery, and on legal history. He also teaches in the undergraduate Legal Studies Program.

Introduction
Part I Contexts: Locating Legal History
1. Philosophical Analysis and Historical Inquiry: Theorising Normativity, Law and Legal Thought, Maks Del Mar
2. The History and Historical Stance of Law and Economics, Ron Harris
3. Critical Histories of Comparative Law, Gunter Frankenberg
4. Literary Analysis of Law, Simon Stern
5. Rhetoric and the Possibilities of Legal History, Marianne Constable and Samera Esmeir
Part II Approaches: Conceptualizing Legal History
6. Legal History as Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law, Markus Dubber
7. Law as Social History, Laura F. Edwards
8. Legal History as Political History, Roy Kreitner
9. The Intellectual History of Law, Assaf Likhovski
10. Legal History as Doctrinal History, Joshua Getzler
11. Historical Method in the Study of Law and Culture, Bryan Wagner
12. Legal History as Economic History, Anne Fleming
13. Femininities and Masculinities: Looking Backward and Moving Forward in Criminal Legal Historical Gender Research, Carolyn Strange
14. Legal history as the History of Legal Texts, Angela Fernandez
15. From Evolutionary Functionalism to Critical Transnationalism: Comparative Legal History, Aristotle to Present, Katharina Isabel Schmidt
16. Archival Legal History: Toward the Ocean as Archive, Renisa Mawani
17. Spelunking, or, Some Meditations on the New Presentism, Elizabeth Dale
18. Legal History: Taking the Long View, Paul D. Halliday
19. Quantitative Legal History, Daniel Klerman
PART III Perspectives: Legal History in Modern Legal Thought
20. Blackstone, John V. Orth
21. Jeremy Bentham, Philip Schofield
22. Historical Jurisprudence, Mathias Reimann
23. Legal Formalism, Michael Lobban
24. Sociological Jurisprudence and the Spirit of the Common Law, Noga Morag-Levine
25. The Return of Legal Realism, Dan Priel
26. &: Law _ Society in Historical Legal Research, Catherine L. Fisk
27. Legal History and the Material Turn, Tom Johnson
28. Marxist Legal History, Christopher Tomlins
29. Structuralist and Poststructuralist Legal History, Justin Desautels-Stein
30. Sez Who? Critical Legal History without a Privileged Position, John Henry Schlegel
31. Critical Legal Studies: Europe, Emilios Christodoulidis and Johan van der Walt
32. Feminist Historiography of Law: An Exposition and Proposition, Maria Drakopoulou
33. Critical Race Theory and the Political Uses of Legal History, H. Timothy Lovelace, Jr.
34. Queering Law's Empire: Domination and Domain in the Sexing Up of Legal History, David Minto
PART IV Traditions: Tracing Legal History
35. Roman Law, Clifford Ando
36. Medieval Canon Law, Karl Shoemaker
37. The Transformation of the Common Law: Modernism, History, and the Turn to Process, Kunal M. Parker
38. Tracing Legal History in Continental Civil Law, Heikki Pihlajamaki
39. Jewish Law, Steven Wilf
40. Historical Research on Islamic Law, Lena Salaymeh
41. 'By the Light of the Moon': Looking for China's Rich Legal Tradition, Tahirih V. Lee
42. Aboriginal and Indigenous Law in Australia and New Zealand), Shaunnagh Dorsett
43. Indigenous Rights in Latin America, Thomas Duve
44. Indian Law, Mitra Sharafi
45. Governance Histories of International Law, Doreen Lustig
46. Imperial law: the Legal Historian and the Trials and Tribulations of an Imperial Past, Paul McHugh
PART V Illustrations: Doing Things with Legal History
47. A History of Violence: American Constitutional History and the Criminal System, Gerry Leonard
48. Historical Analysis in Property Law, Alfred L. Brophy
49. What Do Contracts Histories Tell Us About Capitalism: From Origins and Distribution, to the Body and the Nation, Anat Rosenberg
50. Historical Analysis in Criminal Law: a Counter-History of Criminal Trial Verdicts, Arlie Loughnan
51. The Historical Method in Public Law, Martin Loughlin
52. Historical Analysis in Environmental Law, David Schorr
53. Redeeming the American Founding?, Norman W. Spaulding
54. Foundings: Europe, Peter Lindseth
55. Adjudication of Indigenous-Settler Relations, R.P. Boast
56. Cultural Genocide: between Law and History, Leora Bilsky and Rachel Klagsbrun
57. Historians' Amicus Briefs: Practice and Prospect, Sam Erman and Nathan Perl-Rosenthal