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133 results

Page 1 of 7

  • Coda: Law, History, and Theory

  • Christopher Tomlins
  • Journal:
    Law & Social Inquiry / Volume 46 / Issue 3 / August 2021
    Published online by Cambridge University Press:
    25 August 2021, pp. 917-921
    Print publication:
    August 2021

  • In this Coda to the symposium on my book In the Matter of Nat Turner: A Speculative History, I address the relationship in the book between law, history, and theory. Writing history informed by theory has always been important to me, for historical research is at least as much an engagement in interpretation as an exercise in description.

  • A Call out of Seir: The Meaning and Future of US Labor Law

  • Christopher Tomlins
  • Journal:
    Law & Social Inquiry / Volume 46 / Issue 2 / May 2021
    Published online by Cambridge University Press:
    03 February 2021, pp. 572-592
    Print publication:
    May 2021
    • Article
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  • The Cambridge Handbook of US Labor Law for the Twenty-First Century decries federal labor law for forsaking American workers and undermining American unions. Its contributors seek a reformed labor law for the current century. In this review essay, I examine the handbook’s contention that federal labor law has failed. To assess the merits of the claim, we must test the foundations of its contributors’ assumptions—about the labor movement, about the place of the labor movement in the political economy of American capitalism envisaged by labor law, and, indeed, about law itself. To do so, I turn to earlier, critical research on the character of American labor laws, notably Joel Rogers’s seminal 1990 essay “Divide and Conquer,” and also to work of my own. To put it crudely, I ask how much labor law reform actually matters.

Searching for Contemporary Legal Thought
  • Edited by Justin Desautels-Stein, Christopher Tomlins
  • Published online:
    28 December 2017
    Print publication:
    28 December 2017
  • For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

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