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.
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. 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.
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