{"title":"美国海外法律教育——批判历史","authors":"G. Resta","doi":"10.1080/2049677X.2023.2207377","DOIUrl":null,"url":null,"abstract":"law. There is no mention in the introduction of why the history of private law was excluded. The reception of English property law in particular seems inseparable from the history of Aboriginal dispossession and colonization—something acknowledged but not really explored in the text. Perhaps it is expected that such historical background is provided in the substantive courses themselves? In any case, what might have been gained by such inclusion is inadvertently demonstrated by the authors in their very brief treatment of the origins of one of the country’s most famous legal exports, the Torrens system of title registration. At 205 there is a photo of ‘Men, Women and Children at the Tanunda Real Property Act Festival’(!) in October 1862. A little internet sleuthing reveals that at this ‘extraordinarily lavish affair’ Sir Robert Richard Torrens was accompanied by ‘an escort of around a hundred flag-bedecked wagons, [and] feted with banquets, bands, choirs, speeches and toasts in English and German, illuminations, and triumphal arches’. All in honour of the new concept of indefeasibility of title attributed to him. Who says the history of property law is not exciting? The authors do indeed embellish their narrative with many lively ‘cameos’ of historical figures and dramatic incidents drawn from high-profile cases and constitutional battles. My point is simply that the same could be done for private law and thus, that the authors should be encouraged to write a companion volume. Generations of law students would thank them.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"115 - 123"},"PeriodicalIF":0.6000,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"American legal education abroad–Critical histories\",\"authors\":\"G. Resta\",\"doi\":\"10.1080/2049677X.2023.2207377\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"law. There is no mention in the introduction of why the history of private law was excluded. The reception of English property law in particular seems inseparable from the history of Aboriginal dispossession and colonization—something acknowledged but not really explored in the text. Perhaps it is expected that such historical background is provided in the substantive courses themselves? In any case, what might have been gained by such inclusion is inadvertently demonstrated by the authors in their very brief treatment of the origins of one of the country’s most famous legal exports, the Torrens system of title registration. At 205 there is a photo of ‘Men, Women and Children at the Tanunda Real Property Act Festival’(!) in October 1862. A little internet sleuthing reveals that at this ‘extraordinarily lavish affair’ Sir Robert Richard Torrens was accompanied by ‘an escort of around a hundred flag-bedecked wagons, [and] feted with banquets, bands, choirs, speeches and toasts in English and German, illuminations, and triumphal arches’. All in honour of the new concept of indefeasibility of title attributed to him. Who says the history of property law is not exciting? The authors do indeed embellish their narrative with many lively ‘cameos’ of historical figures and dramatic incidents drawn from high-profile cases and constitutional battles. My point is simply that the same could be done for private law and thus, that the authors should be encouraged to write a companion volume. Generations of law students would thank them.\",\"PeriodicalId\":53815,\"journal\":{\"name\":\"Comparative Legal History\",\"volume\":\"11 1\",\"pages\":\"115 - 123\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2023-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Comparative Legal History\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/2049677X.2023.2207377\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Comparative Legal History","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/2049677X.2023.2207377","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
American legal education abroad–Critical histories
law. There is no mention in the introduction of why the history of private law was excluded. The reception of English property law in particular seems inseparable from the history of Aboriginal dispossession and colonization—something acknowledged but not really explored in the text. Perhaps it is expected that such historical background is provided in the substantive courses themselves? In any case, what might have been gained by such inclusion is inadvertently demonstrated by the authors in their very brief treatment of the origins of one of the country’s most famous legal exports, the Torrens system of title registration. At 205 there is a photo of ‘Men, Women and Children at the Tanunda Real Property Act Festival’(!) in October 1862. A little internet sleuthing reveals that at this ‘extraordinarily lavish affair’ Sir Robert Richard Torrens was accompanied by ‘an escort of around a hundred flag-bedecked wagons, [and] feted with banquets, bands, choirs, speeches and toasts in English and German, illuminations, and triumphal arches’. All in honour of the new concept of indefeasibility of title attributed to him. Who says the history of property law is not exciting? The authors do indeed embellish their narrative with many lively ‘cameos’ of historical figures and dramatic incidents drawn from high-profile cases and constitutional battles. My point is simply that the same could be done for private law and thus, that the authors should be encouraged to write a companion volume. Generations of law students would thank them.
期刊介绍:
Comparative Legal History is an international and comparative review of law and history. Articles will explore both ''internal'' legal history (doctrinal and disciplinary developments in the law) and ''external'' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome.