BOOK: J.R. POLE, Contract and Consent: Representation and the Jury in Anglo-American Legal History (Williamsburgh: University of Virgina Press, 2010), 280 p. ISBN 9780813928920; OPEN ACCESS

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Book abstract:

In Contract and Consent, the renowned legal historian J. R. Pole posits that legal history has become highly specialized, while mainstream political and social historians frequently ignore cases that figure prominently in the legal literature. Pole makes a start at remedying the situation with a series of essays that reintegrate legal with political and social history. A central theme of the essays is the link between Anglo-American common law and contract law and American political and constitutional principles. Pole also emphasizes the political functions of legal institutions in English and American history, going so far as to suggest that we need to divest ourselves of any notion of the separation of powers. Instead, we need to acknowledge the historical role of courts, juries, and the common law as agencies of political representation and as promulgators of law and policy.

(source: ProjectMuse)