HIST 302H: The Historian and the Law

Law and history are inextricably interwoven. Historical analysis undergirds the practice of law. Law, legal policy, and legal sources and artifacts have long been foundational to and structured the study of history. This course brings historians into conversation with legal disputes, the historical frameworks embedded in legal reasoning, and how history and historical analysis informs public policy and the law. Centered on the public-interfacing role of the historian as an expert witness in legal disputes, we will examine the role of historical thinking in celebrated legal disputes surrounding famous history artifacts from all corners of the globe, national heritage, and the repatriation of cultural patrimony. Students will engage historical analysis and legal reasoning regarding property, contract law, tort claims, criminal law, and other subfields.