Oxford Handbook of Law and Humanities

How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.

List of contents

• Part I Methodologies


• 1. Materialism and Legal Historiography, From Bachelard to Benjamin


• Christopher Tomlins


• 2. Legal Materiality


• Hyo Yoon Kang and Sara Kendall


• 3. Law, Visual Studies, and Image History


• Carolin Behrmann


• 4. Book History


• Henrike Manuwald


• 5. Digital Humanities


• Stephen Robertson


• 6. Postcolonial Studies


• Renisa Mawani


• 7. Racial Ambiguity Blues: Contemporary Challenges for Racialization Theory in the Twenty-First Century


• Camille Gear Rich


• 8. Disability, Law, and the Humanities: The Rise of Disability Legal Studies


• Rabia Belt and Doron Dorfman


• 9. Psychoanalysis and Law


• Tracy McNulty


• 10. Affect and Empathy Studies


• Suzanne Keen


• 11. Mapping Law and Performance: Reflections on the Dilemmas of an Interdisciplinary Conjunction


• Julie Stone Peters


• Part II Themes


• 12. Spacetime in/and Law


• Mariana Valverde


• 13. Boundaries, Walls, Envelopes, Rooms, and Other Spatialities of Law


• Timothy Hyde


• 14. The Sociality of the Platform


• Annelise Riles


• 15. Personhood


• John Frow


• 16. Trauma, Memory, and the Law


• Norman W. Spaulding


• 17. Challenging the Legal Self through Performance


• Marett Leiboff


• 18. Accident


• Daniel Williams


• 19. Facing Justice: Evidence, Legibility and Pensiveness in the Early Modern Imagination


• Subha Mukherji


• 20. The Gap between Fairness and Law: Hamlet and Equity from a Cognitive Perspective


• Ellen Spolsky


• 21. From Eternity to Here: Divine Accommodation and the Lost Language of Law


• Nomi M. Stolzenberg


• 22. Machiavelli's Camillus and the Tension between Leadership and Democracy


• John P. McCormick


• 23. Agonism, Democracy, and Law


• Panu Minkkinen


• 24. An Anti-Liberal Defense of Free Speech: Foundations of Democracy in the Western Philosophical Canon


• Eric Heinze


• Part III Areas of Law


• 25. Family Law


• Khiara M. Bridges


• 26. Human Rights


• Elizabeth S. Anker


• 27. Immigration and the Imperial


• Sherally Munshi


• 28. Indigenous Law


• Gregory Ablavsky, Sarah Deer, and Justin Richland


• 29. Property: Changing Formations of Having and Being


• Sarah Keenan


• 30. Intellectual Property's Queer Turn


• Andrew Gilden


• 31. History, Literature, and Authority in International Law


• Christopher N. Warren


• 32. Uncovering Credibility


• Julia Simon-Kerr


• 33. Laws of Sex, Changed


• Noa Ben-Asher


• 34. The Functions of Legal Literature and Case Reporting before and after Stare Decisis


• Andrew Benjamin Bricker


• Part IV Legal Genres


• 35. Trials and the Impressionism of Advocacy


• Rex Ferguson


• 36. Maxims


• Donald R. Davis, Jr.


• 37. Responsa


• Ari Z. Bryen


• 38. Legal Treatise


• Steven Wilf


• 39. Legal Codes as Cultural Products


• Heikki Pihlajamäki


• 40. Form Contract


• Tal Kastner


• 41. Legal Paratexts


• Robert Spoo


• 42. Emblems


• Valérie Hayaert


• 43. Video as Text/Archive


• Bennett Capers


• 44. Police Records: An Intermedia Genre


• Cristina Vatulescu


• 45. Comics


• Hillary Chute


• Index

About the author

Simon Stern teaches law and English at the University of Toronto. His research focuses on the evolution of legal doctrines and methods in relation to literary and intellectual history. Recent and forthcoming publications include articles and book chapters on legal fictions, obscenity, copyright, criminal fraud, the place of narrative in law, and methodology in legal scholarship. He is co-editor, with Robert Spoo, of the Law and Literature series for Oxford University Press.

Maksymilian Del Mar is Professor of Legal Theory at the School of Law, Queen Mary University of London. His primary research interests lie in legal reasoning and legal education (especially rhetoric, imagination, and emotion), in historical jurisprudence, and in transnational and global legal theory. His monograph,Artefacts of Legal Inquiry: The Value of Imagination in Adjudication is forthcoming with Hart / Bloomsbury in early 2020. He edits the Law in Context series for Cambridge University Press

Bernadette Meyler is Carl and Sheila Spaeth Professor of Law and Professor (by Courtesy) of English at Stanford University. She works on constitutional law and theory, as well as law and the humanities. Her book Theaters of Pardoning (Cornell University Press, 2019) draws on dramatic, political, and legal sources to assess the evolution of the pardon power and its relationship with sovereignty in seventeenth-century England. She is also the co-editor of New Directions in Law and Literature (Oxford University Press, 2017) and many articles in law reviews and peer-reviewed journals.

Summary

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship.

Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

Additional text

This rewarding new volume offers both the casual visitor into law and humanities scholarship, as well as the dedicated scholar, fascinating opportunities to examine cutting edge research. It would be hard to come away from even a brief dip into the Handbook without becoming inspired to explore more of its many creative approaches and ideas further. Quite simply, this volume makes clear that Law and Humanities research is thriving [...] These well-established authors hail from a range of disciplines and often exhibit mastery of several disciplines simultaneously [... T]hese essays give the reader a sense of a shared sensibility—one that is open-minded and comparative, often historical, invariably careful and nuanced, and, in its most successful versions, productively synthetic, thoughtful, and creative.

Product details

• Authors: Simon (Professor of Law and English Stern
• Assisted by: Dr. Maksymilian (Professor of Legal Theory Del Mar (Editor), Maksymilian Del Mar (Editor), Del Mar Maksymilian (Editor), Bernadette Meyler (Editor), Bernadette (Carl and Sheila Spaeth Professor of Law and Professor (by Courtesy) of English Meyler (Editor), Simon Stern (Editor), Simon (Professor of Law and English Stern (Editor), Stern Simon (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 02.04.2020
• EAN: 9780190695620
• ISBN: 978-0-19-069562-0
• No. of pages: 920
• Series: Oxford Handbooks
• Subjects: Social sciences, law, business > Law > International law, foreign law; SOCIAL SCIENCE / Sociology / General, LAW / Legal History, Legal History, Law & society, Law and society, sociology of law