Law Schedule of Classes

NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.


267.4 sec. 001 - Law & History Foundation Seminar (Fall 2019)

Instructor: Christopher Tomlins  (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only

Units: 3

Meeting:

    Tu 2:10 PM - 5:00 PM
    Location: 2240 Piedmont 102
    From August 20, 2019
    To November 22, 2019

Course Start: August 20, 2019
Course End: November 22, 2019
Class Number: 32446

Enrollment info:
Enrolled: 9
Waitlisted: 0
Enroll Limit: 12
As of: 04/07 11:14 PM


The Law & History Foundation Seminar is a reading and discussion seminar in American legal history. It is the Jurisprudence and Social Policy Program's Foundation Seminar in Law and History. It is open to all JSP graduate students, Berkeley Law JD, LLM and JSD students, and graduate students. This is a shared course with History and Critical Theory, students from those departments should register in their department's course accordingly.
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Legal history is as much history as law, and history is primarily a discipline of the book. This course focuses on books, particularly books about the nineteenth and twentieth centuries. We will achieve a thorough grounding in American legal history by reading a wide selection of the field’s best work: classics that have structured the field (like James Willard Hurst’s *Law and the Conditions of Freedom* and Morton Horwitz’s *Transformation of American Law*); the best work of the current generation (like Laura Edwards’ *The People and their Peace* and Michael Willrich's *City of Courts*); and notable recent work by younger scholars (like Karen Tani's *States of Dependency* and Ken Mack’s *Representing the Race*). We will also explore the methodological and theoretical possibilities for innovation that exist at the conjunction between history and other social science and humanities disciplines. The course concentrates on the United States, but to set our discussion of theory and method off with a bang, we will begin (literally) in the dark undergrowth of a forest in eighteenth century England.
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In the American law curriculum, a course like American Legal History is usually considered an "enrichment” or “perspective” course because it does not offer instruction in doctrine or skills directly oriented to law practice. One might consider the absence of a clear instrumental function liberating. Law school is likely to be the last extended period in a budding lawyer’s life when s/he can explore general ideas about law, probe theories, think about large issues of justice or policy, and develop skills in research and analysis.
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Still, lack of direct relevance may not seem very sensible to students with crowded schedules. Why read all this stuff if it has no direct instrumental take-away?
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There are two answers to this sensible question. The first is the enrichment/perspective answer: to study the history of law is to study the culture and practice of one’s chosen profession. Historical knowledge supplies both “deep background” on what one is doing in the present, and also a fund of examples and parallels that help one understand why one is doing it. The second answer is that how one studies in a course like this can be of real practical benefit. Lawyers (particularly young lawyers) are required to assimilate large amounts of information efficiently in a short period of time, grasp the essentials, and analyze them. This course requires that you develop an ability to assimilate and analyze large quantities of information. Each week we will read a book, in whole or in part. Class participants will come to class prepared and willing to talk about what they have read. To prime discussion, each participant will circulate (via bCourses) brief and informal impressions/questions about the week’s reading to every other participant and to the instructor.
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For detailed information on readings and assessment, see the course syllabus (on bCourses or obtainable from the instructor).
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Students enroll in this course for 3 units. JSP students are required to take an additional 1 unit in conjunction with this course through enrolling in Law 602. The additional unit of credit requires additional work within the course framework. To enroll in Law 602, JSP students must complete an Add Form by the add deadline and submit the completed form to the Registrar's Office. Graduate students from campus units outside Law/JSP are also required to take the additional 1 unit so that they will earn the 4 units of credit customary in non-law graduate courses.


Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend in order not to be dropped.


Requirements Satisfaction:

This class may fulfill Option 2 of the J.D. writing requirement with instructor approval. In order to qualify for Option 2, all students in the class must be writing a paper of 30 or more pages. Those students who wish to use this paper for the writing requirement must get instructor approval and submit their drafts for comment and revision.

Option 2 form needed:
https://www.law.berkeley.edu/wp-content/uploads/2017/05/Writing_Requirement_2017.pdf


Exam Notes: (P) Final paper  
Course Category: Jurisprudence and Social Policy (JSP)

If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment to this page.

Readers:
No reader.

Books:
Required Books are in blue

  • City of Courts: Socializing Justice in Progressive Era Chicago
    Michael Willrich
    Edition: 2003
    Publisher: Cambridge University Press
    ISBN: 9780521794039
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: $26.24
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Common Law, History, and Democracy in America, 1790-1900: Legal Thought Before Modernism
    Kunal M. Parker
    Edition: 2011
    Publisher: Cambridge University Press
    ISBN: 9781107614352
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 32.99
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Corporations and American Democracy
    Naomi R. Lamoreaux and William J. Novak
    Edition: 2017
    Publisher: Harvard University Press
    ISBN: 9780674972285
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 35
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • In the Shadow of the Gallows: Race, Crime, and American Civic Identity
    Jeannine Marie DeLombard
    Edition: 2012
    Publisher: University of Pennsylvania Press
    ISBN: 9780812223170
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 33.00
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Law and the Conditions of Freedom in the Nineteenth Century United States
    James Willard Hurst
    Edition: 1956
    Publisher: University of Wisconsin Press
    ISBN: 9780299013639
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 18.95
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture
    Susanna L. Blumenthal
    Edition: 2016
    Publisher: Harvard University Press
    ISBN: 9780674048935
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 46.48
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • National Duties: Custom Houses and the Making of the American State
    Gautham Rao
    Edition: 2016
    Publisher: University of Chicago Press
    ISBN: 9780226367071
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 44.98
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Representing the Race: The Creation of the Civil Rights Lawyer
    Kenneth W. Mack
    Edition: 2012
    Publisher: Harvard University Press
    ISBN: 9780674046870
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 20.40
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Rethinking the Judicial Settlement of Reconstruction
    Pamela Brandwein
    Publisher: Cambridge University Press
    ISBN: 9781139496964
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: To Be Determined
  • Scenes of Subjection: Terror, Slavery, and Self-Making in Nineteenth-Century America
    Saidiya V. Hartman
    Edition: 1997
    Publisher: Oxford University Press
    ISBN: 9780195089844
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 31.78
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • States of Dependency: Welfare, Rights, and American Governance, 1935-1972
    Karen Tani
    Edition: 2016
    Publisher: Cambridge University Press
    ISBN: 9781107434080
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 34.99
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • The People and their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South
    Laura F. Edwards
    Edition: 2009
    Publisher: University of North Carolina Press
    ISBN: 9780807859322
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 28.52
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • The Transformation of American Law, 1780-1860
    Morton J. Horwitz
    Edition: 1977
    Publisher: Harvard University Press
    ISBN: 9780674903715
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 38.50
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Whigs and Hunters: The Origin of the Black Act
    E.P. Thompson
    Edition: 2013
    Publisher: Breviary Stuff Publications
    ISBN: 9780957000520
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 24.88
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.

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