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Association: Name: The Law and Society URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p17797_index.html Direct Link: HTML Code:

Parker, Kunal. "Context in History and Law: The Late Nineteenth Century Jurisprudence of Custom" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV, <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p17797_index.html>

Parker, K. "Context in History and Law: The Late Nineteenth Century Jurisprudence of Custom" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV <Not Available>. 2009-05-25 from http://www.allacademic.com/meta/p17797_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper seeks to reverse the directionality of the relationship between historical and legal knowledge. Even as they have acknowledged the centrality of legal thinkers in the emergence of modern Western historical consciousness, contemporary scholars have tended to fault legal thinkers – specifically common lawyers – for the inadequacy or insufficiency of their historical consciousness. We are often told that common lawyers are unable to think "historically." This paper retrieves a fragment of late nineteenth century American legal thought – the jurisprudence of custom – to ask how a species of nineteenth century historicist legal thought might challenge and interrupt contemporary historical knowledge. As such, it does the unfashionable work of thinking with – and seeking to learn from – late nineteenth century lawyers.

The Infant Mortality Rate in Late Nineteenth and Early Twentieth Century Philadelphia

Globalization as Rhizome: A Case Study of the Late Nineteenth-Century Global Book Trade

Romantic Era Metaphysics and American Legal Thought: History, Custom, and Instrumentalism in the Early Nineteenth Century United States

Free Speech and Civil Liberties in Nineteenth-Century America: Perspectives from the History of Obscenity