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The Line Between History and Casenote

Published online by Cambridge University Press:  01 July 2024

John Henry Schlegel
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When Kermit requested that I write an essay for this Review, an ambiguity in his letter led me to inquire whether he wanted me to write about legal history written in the twentieth century or legal history written of the twentieth century. Unraveling that ambiguity had the queer effect of deflecting my attention from the fact that I was in the process of agreeing to write about a subject that seemed to me to be close to nonexistent. To check out that perception, I sent my super-diligent research assistant out to search the relevant periodical literature published during the last fifteen years. A bit to my surprise he came back with a longer bibliography than I had expected and the observation, “I had a difficult time deciding where to draw the line between history and casenote.” It seems to me that this observation just about sums up the problem and perhaps it is important to discuss that problem as we look at this largely nonexistent field in the hope that by the time there is a field there may no longer be a problem.

Type
Research Article
Information
Law & Society Review , Volume 22 , Issue 5 , 1988 , pp. 969 - 985
Copyright
Copyright © 1988 The Law and Society Association.

Footnotes

This essay is written for Willard Hurst who has led us all, even those who have chosen another way. Thanks are due to Fred and to the rest of the usual cast of characters, Rob and Guyora, as well as my research assistant Bruce Ikefugi.

References

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Case Cited

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