Legal Archaeology: Studies in Cases in Context (LAW214H1S)

Note: No prior experience in history or legal history is needed to take this course; only curiosity required.

Have you ever wondered why you read the cases in first year that you did? Who chose those cases? Why did they select them? Where on earth did they find them? Why do some seem like works of fiction rather than things that really happened?  
 
Studies of “cases in context” are sometimes referred to as “legal archaeology.” They often consist of in-depth studies of leading cases in the law school curriculum, which tell the “behind the scenes” stories of the legal cases in our casebooks (e.g. Pierson v. Post). The focus is usually some important dimension of the case left out of the reported decision such as a litigation tactic that had an important impact on the outcome or a “found fact” that turns out not to be true at all. Often the case-in-context study focuses on a gender, race, or other “outsider” perspective left out of the usual study of the case.  
 
This course offers an opportunity to learn about this growing field, read examples that display the different uses to which it can be put, and ask about the strengths and weaknesses of this form of legal scholarship.