The essay consists of four sections. Section I discusses the nature of historical explanation, devoting some attention to the roles of truth, interpretation, and detachment in historical scholarship. Section II continues that discussion by exploring the meaning and the purpose of what I call interpretive detachment in the writing of history. Section III considers the theoretical assumptions of Marxist legal historians from the point of view developed in preceding sections. Section IV, taking into account some issues that remain problematic or troublesome, restates my approach
I am delighted that the Federalist Society asked me to participate in its Symposium on Law and Truth...
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by wh...
Also CSST Working Paper #62.http://deepblue.lib.umich.edu/bitstream/2027.42/51218/1/452.pd
The essay consists of four sections. Section I discusses the nature of historical explanation, devot...
I wish to suggest that the legal history written today is similar in one important respect to today\...
This essay describes the strategies that sometimes allow me to make sense of the answers that people...
In this Article I want to discuss some of the familiar ways in which legal scholarship deals with th...
This Article centers instead upon assessing two types of legal analysis - non-Marxist radical interp...
Law is frozen history. In an elementary sense, everything we study when we study law is the report o...
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive an...
It is not obvious that philosophers and historians of law should take much interest in the scholarly...
There has been an erosion of the ideal of truth as a guiding force for what we do. This includes a d...
This article examines studies tending to cast doubt on the existence of any special faculty that ena...
Critical legal writers pay a lot of attention to history. In fact, they have probably devoted more p...
A great deal of important legal historical scholarship is doctrinal in focus, its objective being to...
I am delighted that the Federalist Society asked me to participate in its Symposium on Law and Truth...
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by wh...
Also CSST Working Paper #62.http://deepblue.lib.umich.edu/bitstream/2027.42/51218/1/452.pd
The essay consists of four sections. Section I discusses the nature of historical explanation, devot...
I wish to suggest that the legal history written today is similar in one important respect to today\...
This essay describes the strategies that sometimes allow me to make sense of the answers that people...
In this Article I want to discuss some of the familiar ways in which legal scholarship deals with th...
This Article centers instead upon assessing two types of legal analysis - non-Marxist radical interp...
Law is frozen history. In an elementary sense, everything we study when we study law is the report o...
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive an...
It is not obvious that philosophers and historians of law should take much interest in the scholarly...
There has been an erosion of the ideal of truth as a guiding force for what we do. This includes a d...
This article examines studies tending to cast doubt on the existence of any special faculty that ena...
Critical legal writers pay a lot of attention to history. In fact, they have probably devoted more p...
A great deal of important legal historical scholarship is doctrinal in focus, its objective being to...
I am delighted that the Federalist Society asked me to participate in its Symposium on Law and Truth...
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by wh...
Also CSST Working Paper #62.http://deepblue.lib.umich.edu/bitstream/2027.42/51218/1/452.pd