The History in “Critical Legal Histories”: Robert W. Gordon. 1984. Critical Legal Histories. Stanford Law Review 36:57–125

This commentary explores Robert Gordon's “Critical Legal Histories” from the perspective of the discipline of history. It argues that we are still stalled at the intellectual juncture that Gordon described so well twenty‐five years ago because functionalism and the resulting problems that Gordon addresses in the area of sociolegal studies also pervade the discipline of history. The results reinforce the divide between sociolegal studies and other kinds of historical studies that tend to inhibit the conceptual transformation that Gordon advocates and to marginalize legal studies within the discipline of history.     

Of Mandarins,Legal Consciousness,and the Cultural Turn in US Legal History: Robert W. Gordon. 1984. Critical Legal Histories. Stanford Law Review 36:57–125

This article traces the impact of Robert Gordon's “Critical Legal Histories” on scholars writing at the intersection of law and history. While Gordon's central claim about the constitutive character of the law has come to serve as a working assumption in the field, the case he made for the intellectual history of doctrine as articulated by legal mandarins has proven less influential in the twenty‐five years since the article was published. Instead, legal historians have focused their attention on the interaction between official and lay forms of law‐making with a decided emphasis on popular legal consciousness. For precisely this reason, the time may be ripe for reconsideration of mandarin materials, not only for what they have to tell us about the dynamics of cultural change, but also as sources of insight into basic puzzles of the human condition that have tended across time to be expressed in and through legal forms.     

Introduction to Symposium on “Critical Legal Histories”: Robert W. Gordon. 1984. Critical Legal Histories. Stanford Law Review 36:57–125

This introduction to a symposium on Robert Gordon's classic article “Critical Legal Histories” (1984) suggests that the article should be read in the first instance as a response to the distinctive historical and jurisprudential currents of the 1980s, even as it also remains a work that continues to challenge legal historians working today, a generation later.     

R.S. Thomas: Ministering Otherness

This article is built around a deeply personal `response to text' –of a poem in response to a poem, where both deal with notions of identity. For myself, writing poetry is a cathartic (though infrequent) source of resolution; a space subject to different constraints from those present in the production of analytic scholarship. A consideration of the broader ideological matrix at work behind the poems suggests links between nationhood and language, class and religion, private and public identity, history and politics. Vast subjects, explored but briefly in the thoughts and notes produced for this article as `background' to the story of the poem cited at the end. For legal and political theory it is a reminder of the delicate interstices of influences traversed in any assertion concerning broad policy. As `scholar' I am constrained in the provision of any further assessment of my own process as `poet': what is provided attempts honesty. This revised version was published online in August 2006 with corrections to the Cover Date.