Category Archives: Legal History

‘Call for Papers: ASLH 2021 Annual Meeting’

“The Program Committee of the ASLH invites proposals for complete panels and individual papers for the 2021 meeting to be held November 4-6 in New Orleans. Panels and papers on any facet or period of legal history from anywhere in the world are welcome. We encourage thematic proposals that transcend traditional periodization and geography. Due […]

Michael Higdon, ‘If You Grant It, They Will Come: The Enduring Legal Legacy of Migratory Divorce’

ABSTRACT Fifty years ago, California became the first state to enact no-fault divorce, making it easier than ever before for individuals to dissolve unsuccessful marriages. Soon every state would follow suit, and over the years much has been written about this national shift in the law of divorce. What has thus far escaped scrutiny, however, […]

Victoria Barnes, ‘What Were Shareholder Rights In The Wake Of The American Revolution?’

ABSTRACT This Article investigates the common law rights of shareholders in the wake of the American Revolution. It analyzes the rights and powers that shareholders relied on in litigation about corporate governance disputes, in England in the late eighteenth and early nineteenth centuries. The relevant rules were imported into the literature of Anglo-American commercial law […]

‘Medieval Theories of Conscience’

“The question of what role the human mind plays in moral behaviour – or the study of moral psychology – has been a fruitful area of research in medieval philosophy since at least the early to mid-1990s. Since then scholars have done much to illuminate medieval contributions to such perennial topics as the freedom of […]

Bennett and Hofri-Winogradow, ‘The Use of Trusts to Subvert the Law: An Analysis and Critique’

ABSTRACT This article closes a gap in the theory of trust law by supplying a normative account of the use of trusts to avoid and subvert legal norms outside trust law. While the use of trusts to subvert other law has been a major function thereof since the Middle Ages, theorists of trust law have […]

Call for Papers and Posters: ‘A Sacred Covenant? Historic, Legal and Cultural Perspectives on the Development of Marital Law’: virtual event, 20 May 2021

We seek to explore the changing legal and cultural definitions of marriage in any geographical location or jurisdiction across the period c 1450 – present day, paying particular attention to the changing perspectives on age, same-sex marriage, polygamy, divorce, and remarriage. This conference will create an exciting space where historical, literary, medical, artistic, and cultural […]

Rory Van Loo, ‘The Revival of Respondeat Superior and Expansion of Gatekeeper Liability’

ABSTRACT In an era of servants and masters, respondeat superior emerged to hold the powerful accountable for the acts of those they control. That doctrine’s significance has only grown in an economy driven by large corporations that rely heavily on legions of subsidiaries and independent contractors, such as banks deploying independent call centers, oil companies […]

‘When is a wedding not a marriage? Exploring non-legally binding ceremonies’

“Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one? One reason might be that they attend a place of worship that has not been registered for marriages. Such additional wedding ceremonies have a long history, as is demonstrated by the case of […]

Thomas Streinz, ‘The Evolution of European Data Law’

ABSTRACT This new chapter for the next edition of Paul Craig and Gráinne de Búrca’s Evolution of EU Law conceptualizes European data law as an area of EU law that gravitates around but transcends data protection law. It traces the origins of the EU’s data protection law to national and international antecedents, stresses the significance […]

Emily Sherwin, ‘Locke and Private Law’

ABSTRACT I suggest in this chapter that much but not all of private law is consistent with Locke’s understanding of private rights. Locke contemplated that natural rights would undergo some changes to accommodate the move from a state of natural to civil society. For example, natural rights must be standardized and restated in the form […]