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Framing Devices and Global Legal Traditions: From the Ancient World to the Modern Nation State

Edited by: Laura Culbertson, Susan Longfield Karr

ISBN13: 9781032849447
To be Published: July 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00



This collection explores prefaces, prologues, paratexts, and other types of framing devices.

Across world history, these devices have introduced the law, articulated its context and audience, identified the basis of legal and moral authority, critiqued existing conditions, or even tried to “restore” something that never was. Scribes, lawmakers, and legal theorists also used frames to position the law in time and space, purporting to define populations and their identities. Despite the ubiquity and complexity of these phenomena, few studies have drawn out methods for studying their role in constructing, fortifying, or reimagining legal frameworks within legal cultures or traditions. This volume offers new ways to consider the significance of framing apparatuses regarding how and why they are created, remembered, forgotten, utilized, and recovered within legal traditions. The studies range from the ancient world to the modern nation-state system, aiming to explore the intersections and collisions between juridical and political interpretation practices.

The book will be of interest to academics and researchers in the areas of Legal History, Comparative Law, Legal Cultures and Traditions, Legal Theory, Jurisprudence, Constitutional Law and Legislative Drafting.

Subjects:
Legal History
Contents:
1. More than Marginal: The Complex Work of Framing Devices
Laura Culbertson and Susan Longfield Karr

Part 1: Pulling Together
2. The Preambles to Archaic Greek Interstate Treaties at Olympia: A Study in the Diffusion of Diplomatic Language
Nicholas D. Cross
3. Prefaces of Legal Documents in Late Imperial China
Frédéric Constant
4. The Conservative Case for Warrior Law: Legal Change in Medieval Japan
Christopher Bovbjerg
5. Bodies of Law in Early Medieval England and Scotland
Andrew Rabin
6. Preface to the Indian Penal Code, as Originally Drafted (October 1837)
Elizabeth Lhost

Part 2: Breaking Apart
7. (Re-)framing Hammurabi’s Laws: Worldbuilding with Prologues and Epilogues in the Ancient Near East
Laura Culbertson
8. Prefaces in the Legal Texts of the Crusader Kingdoms of Jerusalem and Cyprus
Adam M. Bishop
9. No Mere Metaphor: The State of Nature as Framing Device
Susan Longfield Karr
10. Jefferson's Preambles, Prefaces, and Persistence
Matthew Crow
11. Martens' Clause and Ambiguity at the Birth of Modern Humanitarian Law
Daimeon Shanks-Dumont
12. Searching for Meaning In the Utah Constitution's Free Market Preamble
Jorge Contreras