Publisher Description

'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.

Author Biography

Angela Fernandez and Markus D Dubber are both professors at the University of Toronto, Faculty of Law.

Table of Contents

Introduction: Putting the Legal Treatise in Its PlaceAngela Fernandez and Markus D Dubber1. Historicising Blackstone's Commentaries on The Laws of England: Difference and Sameness in Historical TimeKunal M Parker2. 'Of Institutes and Treatises': Blackstone's Commentaries, Kent's Commentaries and Murdoch's Epitome of the Laws of Nova-ScotiaPhilip Girard3. Tapping Reeve, Coverture and America's First Legal TreatiseAngela Fernandez4. Story'd Paradigms for the Nineteenth-Century Display of Anglo-American Legal DoctrineG Blaine Baker5. A Province of Jurisprudence?: Invention of a Law of Constitutional ConventionsRoman J Hoyos6. Nineteenth-Century Treatises on English Contract LawStephen Waddams7. Of Treatises and Textbooks: The Literature of the Criminal Law in Nineteenth-Century BritainLindsay Farmer8. Truth and Privilege: Libel Treatises and the Transmission of Legal Norms in the Early Nineteenth-Century Anglo-American WorldLyndsay Campbell9. Renovate or Rebuild? Treatises, Digests and Criminal Law CodificationBarry Wright10. A Low Law Counter Treatise? Absentees' to 'Wreck' in British North America's First Justice of the Peace ManualJim Phillips11. Commentary: Effects of Scale: Toward a History of the Literature of LawChristopher Tomlins

Feature

This book explores the history of the legal treatise in the common law world. In doing so the book considers what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve.This is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be and therefore a multifaceted genre of literature in its own right. This book will be of interest to legal scholars, lawyers, and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.

Details