Legal history Books
HarperCollins Publishers The Plantagenets The Kings Who Made England
Book SynopsisThis brilliant new book explores the lives of eight generations of the greatest kings and queens that this country has ever seen, and the worst. The Plantagenets their story is the story of Britain.England's greatest royal dynasty, the Plantagenets, ruled over England through eight generations of kings. Their remarkable reign saw England emerge from the Dark Ages to become a highly organised kingdom that spanned a vast expanse of Europe. Plantagenet rule saw the establishment of laws and creation of artworks, monuments and tombs which survive to this day, and continue to speak of their sophistication, brutality and secrets.Dan Jones brings you a new vision of this battle-scarred history. From the Crusades, to King John's humbling over Magna Carta and the tragic reign of the last Plantagenet, Richard II this is a blow-by-blow account of England's most thrilling age.Trade Review‘Stonking narrative history told with pace, wit and scholarship about the bloody dynasty that produced some of England’s most brilliant, brutal kings’ Observer ‘Colourful and engaging … Jones has produced an absorbing narrative that will help ensure that the Plantagenet story remains stamped on the English imagination’ Sunday Times ‘Unapologetically about powerful people, their foibles, their passions and their weaknesses … vivid descriptions of battles and tournaments, ladies in fine velvet and knights in shining armour crowd the pages of this highly engaging narrative’ Evening Standard ‘Action-packed … Filled with fighting, personality clashes, betrayal and bouts of the famous Plantagenet rage’ Daily Telegraph ‘Dan Jones expertly weaves an enormous medieval tapestry, ranging from the Middles East of Richard the Lionheart's Third Crusade to the battlefields of the Hundred Years War’ Sunday Telegraph ‘This is an unashamedly royal history and even the most insatiable appetite for chivalric deeds and aristocratic violence will be sated by its conclusion’ Sunday Times
£11.69
Orion 38 Londres Street
Book SynopsisIn the heart of Santiago, the infamous 38 Londres Street becomes the haunting backdrop for a riveting tale that intertwines the arrest of Augusto Pinochet in London, the post-war life of senior SS officer Walther Rauff in Chilean Patagonia and the sinister connections between the two men. Rauff, responsible for the wartime horrors of mobile gas vans, flees justice after the war and finds an unlikely refuge in Chile. Settling in Punta Arenas, he manages a king crab cannery, seemingly far removed from his dark past. But as rumours swirl about Rauff's involvement with Pinochet's secret intelligence services and the disappearances that plagued Chile, a chilling narrative unfolds.In 1998, as Pinochet faces arrest in London, Philippe Sands is approached to advise the dictator but instead chooses to act as a barrister for Human Rights Watch. This decision leads to an eight-year exploration into Rauff's second life, his ties to Pinochet and his role in the atrocities at the
£12.34
Bodleian Library Pocket Magna Carta: 1217 Text and Translation
Book Synopsis‘No freeman is to be taken or imprisoned, or dispossessed … except through the lawful judgment of his peers or through the law of the land.’ ‘To no one shall we sell, to no one shall we deny or delay right or justice.’ Magna Carta (or ‘Great Charter’ of English Liberties) is one of the most important documents in legal history. Originating as a peace treaty agreed between King John and a group of powerful barons at Runnymede near Windsor on 15 June 1215, it enshrined in law the concept of individual liberty and defined the role of the monarch towards the people. The charter was successively revised and reissued throughout the thirteenth century by England’s monarchs, and the ideas expressed in it had a profound influence, as seen in the United States Constitution and Bill of Rights. The Latin text of one version of this landmark document (the 1217 issue of Henry III) is transcribed here in full, together with a modern translation and an introduction which traces the background to the making of the charter and its subsequent revisions through the centuries. It also explains how this text has become an enduring symbol of freedom in Britain and throughout the world.
£7.52
HarperCollins Publishers Law's Strangest Cases: Extraordinary but true
Book SynopsisA rollicking collection of barely believable stories from five centuries of legal history – you’ll be gripped by these tales of murder, intrigue, crime, punishment and the pursuit of justice. Meet the only dead parrot ever to give evidence in a court of law, the doctor with the worst bedside manner of all time, the murderess who collected money from her mummified victim for 21 years, and explore one of the most indigestible dilemmas – if you’d been shipwrecked 2,000 miles from home, would you have eaten Parker the cabin boy? The tales within these pages are bizarre, fascinating, hilarious and, most importantly, true. This brand new edition, redesigned in splendid hardback for 2019, is the perfect gift for lawyers, armchair detectives and true crime aficionados everywhere.
£9.99
Oxford University Press The Oxford Handbook of Legal History
Book SynopsisSome of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, and social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbook''s focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
£39.99
The Catholic University of America Press The Hibernensis Volume 2 Translation Commentary
Book SynopsisThe Hibernensis is the longest and most comprehensive canon-law text to have circulated in Carolingian Europe. This edition offers a complete text of the Hibernensis combining the two main branches of its manuscript transmission. This is accompanied by an English translation and commentary.
£38.21
Johns Hopkins University Press Law and People in Colonial America
Book SynopsisAn essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutiTable of ContentsPreface to the Second Edition Preface to the Revised EditionPreface to the First EditionAcknowledgmentsChapter One. "That the Said Statutes, Lawes, and Ordinances May Be as Neere as Conveniently May, Agreeable to the Forme of the Lawes and Pollicy of England"Chapter Two. "And to the End that All Laws Prepared by the Governour and Provincial Council Aforesaid, May Yet Have the More Full Concurrence of the Free-Men of the Province"Chapter Three. "If I Am Become Their Son, They Must Act the Part of a Father"Chapter Four. "Take All the Care in Your Power to Guard against Any Further Wicked Designs"Chapter Five. "These Dirty and Ridiculous Litigations Have Been Multiplied in This Town, Till the Very Earth Groans and the Stones Cry Out"Chapter Six. "Just so th' Unletter'd Blockheads of the Robe; (Than Whom no Greater Monsters on the Globe); Their Wire-Drawn, Incoherent, Jargon Spin, Or Lug a Point by Head and Shoulders In"Chapter Seven. "On What Principles, Then, on What Motives of Action, Can We Depend for the Security of our Liberties, of our Properties . . . of Life Itself?"ConclusionNotesA Bibliographic EssayIndex
£26.10
Oxford University Press The Oxford Handbook of the History of
Book SynopsisThe Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as ''encounters'' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of ''interaction or imposition'' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled People in Portrait, which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht.The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.Trade ReviewThe Handbook on the History of International Law is an excellent and up-to-date contribution to a broad topic that has increasingly attracted the interest of academia in the last years. The editors certainly succeeded in bringing together a broad range of renowned experts on the various fi elds covered. It certainly deserves its place in the bookshelves of any international lawyers library. * Ralph Janik, Austrian Review of International and European Law Online *Shelley's interlocutor in Ozymandias paints a bleak picture of the fate which has befallen the Pharaoh's statue: 'Nothing beside remains. Round the decay / Of that colossal wreck, boundless and bare / The lone and level sands stretch far away ' ... Thanks to interventions such as those organised by Fassbender and Peters in this excellent volume, the historians of international law need not fear such a fate befalling their discipline-indeed, its future has never seemed brighter or more vibrant. * Cameron A. Miles, The British Yearbook of International Law *By any measure, the book is a substantial achievement, and it will be widely and rewardingly consulted for many years to come. * Jacob Katz Cogan, University of Cincinnati, American Journal of International Law *Impressive and timely volume * Rose Parfitt, Global Law Books *The volume does a marvelous job of hemming the topic in, but pays a price for its breadth and the erudition of its contributors by leaving the reader ungratefully greedy for further contextualization and (historical) policy detail - sparking this hunger in the reader though is a true vindication of a handbook of this sort. * Wouter P. F. Schmit Jongbloed, ASIL Cables *The Oxford Handbook of the History of International Law innovatively and comprehensively provides a timely and ambitious global history of international law from the sixteenth century to the mid-twentieth century. Under the skilled editorship of Bardo Fassbender and Anne Peters, the contributors, experts who themselves come from all parts of the world, present a history that imagines international law as the product of different regions, cultures, actors, and eras. Setting a new agenda for the field, the Handbook will be the indispensable starting point for students and researchers exploring the history of international law. * ASIL Award Citation *There is no doubt that The Oxford Handbook of the History of International Law will become what editors and authors intended," the new standard reference work for the global history of international law," provides the reader with a broad spectrum of useful information on a high level which is not easily assembled. * Karl Heinz Ziegler, German Yearbook of International Law *Table of ContentsPART ONE: ACTORS; PART TWO: THEMES; PART THREE: REGIONS; I. AFRICA AND ARABIA; II. ASIA; III. THE AMERICAS AND THE CARIBBEAN; IV. EUROPE; V. ENCOUNTERS; PART FOUR: INTERACTION OR IMPOSITION; PART FIVE: METHODOLOGY AND THEORY; PART SIX: PEOPLE IN PORTRAIT
£53.00
Cambridge University Press Empires of Complaints
Book Synopsis
£28.49
Edinburgh University Press Scottish Legal History
Book SynopsisDiscover how Scots law come into being, its use in dispute resolution in the medieval and early modern periods and how its authority developed over the centuries to the 1707 Union with England.
£39.60
Oxford University Press Broken Landscape
Book SynopsisBroken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation''s founding. Frank Pommersheim, one of America''s leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution''s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereigTable of ContentsPart One: The Early Encounter ; 1. Introduction: A New Challenge to Old Assumptions ; 2. Early Contact: From Colonial Encounters to the Article of Confederation ; 3. Second Opportunity: The Structure and Architecture of the Constitution ; 4. The Marshall Trilogy: Foundational but Not Fully Constitutional? ; 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime ; Part Two: Individual Indians and the Constitution ; 6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship ; 7. Indians and the First Amendment: The Illusion of Religious Freedom? ; Part Three: The Modern Encounter ; 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle ; 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty? ; 10. Conclusion: Imagination, Translation, and Constitutional Convergence
£36.44
Oxford University Press God Justice and Society
Book SynopsisWhat is the real meaning of ''an eye for an eye and a tooth for a tooth''? Where did the idea for the ''Jubilee 2000'' and ''Drop the Debt'' campaigns come from? And what, really, are the ''Ten Commandments''? In God, Justice, and Society, Jonathan Burnside looks at aspects of law and legality in the Bible, from the patriarchal narratives in the Hebrew Bible through to the trials of Jesus in the New Testament. He explores the nature of biblical law, legal thinking, and legal institutions by setting the biblical texts in their literary, social, and theological context.Burnside questions the biblical texts from the perspective of an academic lawyer and criminologist and asks what the biblical materials contribute to our understanding about the nature and character of law. He examines much of biblical law and narrative that has formed the basis of Western civilization, while at the same time exploring differences between biblical law and modern legal concepts and legal assumptions. The reTrade ReviewIt is a well-researched and well-argued text, which gives a detailed, and at the same time comprehensible, account of the nature of Biblical law, its interpretation and operation and the possible ways it might have shaped, challenged, and continues to challenge, modern legal approaches to a range of legal subjects. This makes the book essential for law students, legal historians and theologians. * Rebecca White, Oxford Journal of Law and Religion *Table of ContentsContents Contents Acknowledgements How to use this book Timeline Introduction: The horizon of biblical law Chapter One: The Character of Biblical Law Chapter Two: A Deal With God Chapter Three: Beyond Sinai Chapter Four: Justice as a Calling Chapter Five: Humanity and the Environment Chapter Six: People and Land Chapter Seven: Social Welfare Chapter Eight: Homicide and Vengeance Chapter Nine: Theft Chapter Ten: Marriage and Divorce Chapter Eleven: Sexual Offences Chapter Twelve: New Laws for a New Age Chapter Thirteen: The Trials of Jesus Conclusion: Law in the purpose of God Bibliography
£118.12
Verlag Vittorio Klostermann Die Historische Rechtsschule
Book Synopsis
£58.65
Basic Books John Marshall
Book SynopsisIn 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser''s definitive biography of America''s longest-serving Chief Justice.Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined
£22.50
Liberty Fund Inc Historical LawTracts
Book SynopsisKames presents a history of law as a history of the progress of humankind from savage to civil society.
£17.95
University of Texas Press Sexual Labor in the Athenian Courts
Book SynopsisA holistic study of five key texts of Athenian oratory, this book unravels the complex cultural constructions of sexual labor in classical Athens and offers a new perspective on the history of sex laborers in ancient Greece.Trade Review[Sexual Labor in the Athenian Courts] will be a valuable addition to the library of scholars in Athenian forensic oratory and ancient sexuality and gender. * The Classical Review *[A] splendid and important book...Glazebrook’s demonstration of the potential power of even enslaved sex laborers in Athens is a signal example of the many insights found in this volume. Scholars of Athens, and academics pursuing gender and liberation studies, are alike now indebted to Allison Glazebrook for an outstanding book, well-organized, well-researched and well-written, offering a pioneering approach to the writing of social history. * Bryn Mawr Classical Review *A valuable contribution to the field…[Sexual Labor in the Athenian Courts] is a book which will be valuable for new students of sexuality and gender in antiquity and for experienced scholars alike...Glazebrook provides a worthwhile discussion of how the portrayal of sex labourers is used by the orators to expose and test the tensions within Athenian social norms and institutions...the book’s streamlined focus constrains discussions to the Attic orators, resulting in a tight, focused and thorough exploration of sexual labour within the genre. * Journal of Hellenic Studies *Glazebrook’s writing is clear and to the point. The introduction’s explanation of the Athenian court system, with a map indicating potential locations of the courts, reveals two strengths of the book that will be found throughout: incorporating material evidence and maintaining accessibility for nonspecialists...The standout features of the book are its consideration of place and movement, its inclusion of material culture, its amplification of female citizenship, and its accessibility...The book achieves its aims of treating the trope of the sex laborer in the orators as a window into Athenian society. * American Historical Review *Table of ContentsList of Figures A Note to the Reader Acknowledgments Introduction 1. Under the Influence 2. In the Oikos 3. Part of the Family 4. Same-Sex Desire 5. Citizen Sex Slaves Conclusion Notes Bibliography Index
£40.50
Yale University Press A Question of Freedom
Book SynopsisThe story of the longest and most complex legal challenge to slavery in American historyTrade Review"William Thomas casts a bright light into the period’s darkness. . . . He reveals a remarkable struggle for freedom, one buoyed at first by new aspirations in the broader culture and later doomed by rekindled fears. . . . Valuable and provocative. . . . Mr. Thomas brings a clear and sensitive eye to the tangled relationship of black and white Americans in the early 19th century."—Fergus Bordewich, Wall Street Journal"Gripping. . . . Profound and prodigiously researched."—Alison L. LaCroix, Washington PostSelected as a finalist for the 2021 PROSE Awards, sponsored by the Association of American PublishersFinalist for the George Washington Book Award, sponsored by the Gilder Lehrman Center and Washington CollegeWinner of the SHEAR Best Book Prize, sponsored by The Society for Historians of the Early American Republic Winner of the 2021 Nebraska Book Award, Nonfiction Legal History category, sponsored by Nebraska Center for the BookCHOICE Outstanding Academic Titles 2021“Here is a strikingly original, eloquent, and humane book on an inhumane institution. The story restores the names and histories of people who fought for freedom for generations.”—Edward Ayers, author of The Thin Light of Freedom: The Civil War and Emancipation in the Heart of America“In A Question of Freedom, historian William Thomas brings to light the truly remarkable and largely forgotten efforts of people held in bondage to sue for their freedom in the courts of the early United States. A genuine contribution to the social, legal, and political history of American slavery, this is a book of great depth and insight.”—Adam Rothman, historian and curator of the Georgetown Slavery Archive“With its vivid narration, revelatory research, careful contextualization, and bracing honesty, A Question of Freedom demonstrates that freedom suits were not isolated episodes but instead a major form of slave resistance, with far-reaching and ongoing effects in the long freedom struggle. This book is essential reading for understanding the history of slavery and the modern debate over reparations.”—Elizabeth R. Varon, author of Armies of Deliverance: A New History of the Civil War"William Thomas has produced an important and astonishing chronicle of the legal battles waged by enslaved people for their own freedom. Braiding white-knuckle courtroom drama together with a searing exploration of his own family history, he redefines slavery’s place in early American law—not an inherent feature, but a dubious institution whose contradictions were exploited by the enslaved to protect themselves and their families.”—Yoni Appelbaum, Senior Editor, The Atlantic"A Question of Freedom is an essential book that details the extraordinary efforts of enslaved people to challenge both the legitimacy and absoluteness of slavery in courts of law. It is a work of remarkable honesty and humanity that should inform any conversation on the legacy of slavery. Please read it."—Lauret Savoy, author of Trace: Memory, History, Race, and the America Landscape
£20.00
Bodleian Library Universal Declaration of Human Rights: Proclaimed
Book Synopsis‘There are few historical developments more significant than the realisation that those in power should not be free to torture and abuse those who are not.’ – Amal Clooney On 10 December 1948, in Paris, the United Nations General Assembly adopted an extraordinarily ground-breaking and important proclamation: The Universal Declaration of Human Rights. This milestone document, made up of thirty Articles, sets out, for the first time, the fundamental human rights that must be protected by all nations. The full text of the document is reproduced in this book following a foreword by human rights lawyer Amal Clooney and a general introduction which explores its origins in the ‘Four Freedoms’ described by U.S. President Franklin D. Roosevelt, the role his wife Eleanor Roosevelt took on as chair of the Human Rights Commission and of the drafting committee, and the parts played by other key international members of the Commission. It was a pioneering achievement in the wake of the Second World War and continues to provide a basis for international human rights law, making this document’s aims ‘as relevant today as when they were first adopted a lifetime ago.’
£6.99
Cambridge University Press Roman Law in Context
Book SynopsisThis book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.Table of Contents1. Introduction; 2. Sources and methodology; 3. Family and inheritance; 4. Property; 5. Commerce; 6. Litigation; 7. Crime, delict, regulation and public order.
£23.49
Boydell & Brewer Ltd Law, Liberty and the Constitution: A Brief
Book SynopsisA new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties.This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by theseventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid ofjargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cordof the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history andwrote and presented an award-winning series on the history of the common law for the BBC.Trade ReviewAn enjoyable read. * PARLIAMENTARY HISTORY *Potter lacerates the jargon and marches through a long timeline to produce a slim, superbly written account of the common law. * LAW SOCIETY GAZETTE *Full of triumphs, tragedies, comedies, accidents and unintended consequences [with] an immense cast of characters. ... [A] lively and opinionated book. * TIMES *Harry Potter has a way with words...which make his books impossible to put down...If you need a good introduction to legal history (all students of English history do), then read this book. * FACHRS NEWSLETTER *
£17.99
Harvard University Press The Living Presidency
Book SynopsisBeloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers’ vision of the separation of powers.Trade ReviewThe modern presidency—inflated by Congress’s dereliction of its duties and armed with modern technologies of mass communication—has disrupted the Madisonian equilibrium of America’s constitutional architecture and weakened the rule of law. With this exquisitely timed book, Prakash explains how we arrived at today’s urgent need to ‘recage the executive lion.’ -- George F. Will, author of The Conservative SensibilityPrakash has given us a refreshingly balanced understanding of the illegitimate expansion of presidential power throughout American history. Explaining that the Founders may well have intended a ‘limited monarch,’ he effectively and colorfully repudiates the dangerous idea that presidents can add to their powers without limitation. The current assertions of presidential power are indeed, in Prakash’s words, ‘a funhouse-mirror version of the Founders’ presidency.’ -- Russ Feingold, former United States SenatorEverything this sort of book ought to be: it is smart, clear, full of important distinctions and thought-inducing observations, and has an unambiguous vision for how we ought to approach our constitutional framework. -- David Murphy * Open Letters Review *[A] trenchant debut on the subject of modern-day Oval Office overreach…Prakash chronicles the metastasis of presidential prerogatives over the past 50 years to encompass the almost untrammeled ability to declare war, make foreign policy, stop enforcing laws, and informally make new laws, all without constitutionally mandated congressional consent…A persuasive case against presidential usurpations—and for a more respectful reading of the Constitution. * Publishers Weekly *Couldn’t come at a better time…Prakash’s book is well-written, well-researched, and dead-on in walking the reader through the history of the American presidency…He puts the presidency within the broader parameters of culture and political institutions—something that many books on the presidency fail to do. -- Gary L. Gregg II * Law & Liberty *With his usual clarity and pith, Sai Prakash explains why both progressives and conservatives should be more principled, condemning not only the expansion of executive authority, but the seizure of new authorities by Congress and the judiciary as well. Whether or not you agree with all his proposed reforms, anyone concerned about the growth of unbridled executive power must read this book. -- Randy E. Barnett, author of Our Republican ConstitutionMany people imagine that free-form ‘living constitutionalism’ can be counted on to produce outcomes that they like. Sai Prakash’s The Living Presidency warns that this is a mistake: without fixed constitutional meaning, based on text and history, we have no defense against unwelcome changes, such as an all-powerful executive. Prakash has produced a powerful critique of the living Constitution. -- Michael W. McConnell, Director of the Constitutional Law Center at Stanford Law SchoolA timely and challenging overview of the development of the modern presidency. Although his primary criticisms are directed at devotees of a ‘living Constitution’ who countenance ‘informal’ constitutional amendment, he is also critical of purported ‘originalists’ who have embraced presidential overreach. One need not agree with all of his arguments in order to recognize that Prakash has made an important contribution to an ever-more-vital national discussion. -- Sanford Levinson, coauthor of Fault Lines in the ConstitutionA terrific book…As Prakash explains in detail, the modern president’s power has vastly expanded relative to the prevailing conceptions of the Founding era. -- Shalev Roisman * Lawfare *This excellent volume conveys important constitutional history and highlights major contemporary constitutional problems. * Choice *
£22.46
Harvard University Press Of Law and the World
Book SynopsisDavid Kennedy and Martti Koskenniemi, two leading critics of law’s role in global life, join together to explore the origins and destiny of efforts to build law into the fabric of global life. Erudite, open-minded, and at times personal, Of Law and the World is a poignant conversation about humanity’s struggle to live together.Trade ReviewOver the last four decades, David Kennedy and Martti Koskenniemi have occupied a unique space that was, simultaneously, at the top of the international law world and on its cutting edge. This book offers an enthralling tour of the intellectual and professional world they inhabited and sought to disrupt. A front-row seat to a fireside chat about how to plot critique. -- Vasuki Nesiah, New York UniversityIn their engrossing exchanges about the deepest problems in their field, David Kennedy and Martti Koskenniemi continue to exemplify international legal theory in the least pretentious and most productive sense. Though entitled to review their accomplishments, they realize they are just at the start of making sense of what international law is and what it does—and generously take the reader with them on a journey that matters to everyone. -- Samuel Moyn, Yale UniversityRich and revealing dialogues between two grand figures of North Atlantic international legal scholarship who have been friends and colleagues for almost four decades. Kennedy and Koskenniemi illuminate their separate trajectories, common projects, and intellectual and personal influences. Their lively conversations are also disarming as a chronicle of a critical generation in international law. -- Hilary Charlesworth, Melbourne Law SchoolAn exhilarating gaze across the world—uniquely insightful, challenging, and provocative. -- Philippe Sands, University College LondonThe conversation you’ve always hoped to overhear. Of Law and the World offers the followers and critics of Martti Koskenniemi and David Kennedy, two of the most influential international legal scholars of our time, the rare experience of being a fly on the wall of their virtual living room. -- Doreen Lustig, Tel Aviv UniversityThis is revelatory stuff, chock-full of insight, inspiration, humanity, and rage. -- Susan Marks, London School of Economics and Political Science
£35.66
Bloomsbury Publishing PLC Contract Law: An Introduction to the English Law
Book SynopsisThe fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract. The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.Trade ReviewThe fact that there is a whole section dedicated on explaining Common Law and the Sources of the Law is a great addition for first year students who come from different jurisdictions as well as more mature students who have already obtained a law degree in another jurisdiction and are getting acquainted with English Contract law. -- Maria Tatsiou * UCLan Cyprus *Prof. Cartwright's is a truly excellent book, particularly helpful to students and lawyers from non-Common Law jurisdictions wishing to understand English contract law -- Jean-Sebastien Borghetti * Université Panthéon-Assas (Paris II) *Table of ContentsPreface Part I: An Introduction to the Common Law 1. The ‘Common Law’ 2. Finding the Law Part II: The Law of Contract 3. Introduction to the English Law of Contract 4. The Negotiations for a Contract 5. Formation of the Contract: Contract as ‘Agreement’ 6. Form, Consideration and Intention 7. Vitiating Factors: Void, Voidable and Unenforceable Contracts 8. Finding the Terms of the Contract 9. Controlling the Content of the Contract: ‘Unfair’ Contracts 10. Who has the Benefit of the Contract? Who is Bound by the Contract? 11. Change of Circumstances 12. Remedies for Breach of Contract
£33.24
Oxford University Press English Administrative Law from 1550
Book SynopsisThe commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book''s principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and t
£133.00
HarperCollins Publishers Inc Servants of the Damned
Book Synopsis
£25.88
JCB Mohr (Paul Siebeck) Faith, Freedom, and Family: New Studies in Law
Book SynopsisFaith, freedom, and family together form the bedrock of a good life and a just society. But this foundation has suffered seismic shocks from vibrant religious pluralism, profound political changes, and new conceptions of marriage. This volume retrieves the major legal and theological teachings that have shaped these institutions and suggests ways to strengthen and integrate them anew. Part I highlights the work of several scholars of law and religion who have defined and defended the place of faith in law, politics, and society. Part II documents the development of freedom in the West and parries the attacks of skeptics of modern rights. Part III reaffirms the family as a cornerstone of faith and freedom historically and today, even while defending some modern marital reforms. Opening essays by the editors and closing interviews of the author place Witte's work in biographical and intellectual context and map some of the new frontiers and challenges of faith, freedom, and family around the globe.
£102.98
Profile Books Ltd The Rule of Laws: A 4000-year Quest to Order the
Book Synopsis'A fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading' Rana Mitter, author of China's Good War The laws now enforced throughout the world are almost all modelled on systems developed in Europe in the eighteenth and nineteenth centuries. During two hundred years of colonial rule, Europeans exported their laws everywhere they could. But they weren't filling a void: in many places, they displaced traditions that were already ancient when Vasco Da Gama first arrived in India. Where, then, did it all begin? And what has law been and done over the course of human history? In The Rule of Laws, pioneering anthropologist Fernanda Pirie traces the development of the world's great legal systems - Chinese, Indian, Roman, and Islamic - and the innumerable smaller traditions they inspired.Trade ReviewFascinating, insightful and gripping, The Rule of Laws provides a comprehensive exploration of the history underpinning our modern legal systems. A triumph -- The Secret BarristerAn ambitious account of the rise and fall of the world's great legal systems ... richly informative and consistently thought-provoking .. Fernanda Pirie's work will command, and deserve, a wide readership -- Jonathan Sumption * TLS *Exceptionally rich -- Andrew Stark * Wall Street Journal *The Rule of Laws offers a pathbreaking and stimulating account of how societies across different regions and epochs drew upon secular, sacred, and scholarly traditions to create laws that organized the lives of their citizens ... This expansive narrative challenges what we think we know about legal history and the assumptions we make about law's future -- Edward J. Watts, author * Mortal Republic: How Rome Fell into Tyranny *The Rule of Laws is a fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading -- Rana Mitter, author * China's Good War *In the exploration of Big questions concerning the law, legality, legal traditions and suchlike, [The Rule of Laws] will occupy an important position. It asks some fundamental questions, including where did the concept of law - and thence of the rule of law - originate? ... A vast canvas ... magisterial * The Commonwealth Lawyer *Agile [and] convincing ... A valuable study for students of the law and its evolution over the millennia * Kirkus *In this panoramic history, Pirie tells the story of the rise and fall of systems of law across the civilizations, empires, and societies of the ancient and modern world ... Pirie argues that if the history of law has a common theme, it is that laws are not simply rules -- G. John Ikenberry * Foreign Affairs *An intriguing synthesis of the history of global legal codes and their origins -- Jeffrey Meyer * Library Journal *The Rule of Laws is a great overview of the history of law, covering four millennia and many different societies ... accessible to a wide readership. It dispels ideas that our current Western form of law is natural and by doing so, give us the liberty to question how it can be used or altered to make the world a better place. It also leaves us with the idea that it can be taken away * Open Letters Review *
£13.49
University of Toronto Press The Eichmann Trial Reconsidered
Book SynopsisThe Eichmann Trial Reconsidered brings together leading authorities in a transnational, international, and supranational study of Adolf Eichmann, who was captured by the Israelis in Argentina and tried in Jerusalem in 1961. The essays in this important new collection span the disciplines of history, film studies, political science, sociology, psychology, and law. Contributing scholars adopt a wide historical lens, pushing outwards in time and space to examine the historical and legal influence that Adolf Eichmann and his trial held for Israel, West Germany, and the Middle East. In addition to taking up the question of what drove Eichmann, contributors explore the motivation of prosecutors, lawyers, diplomats, and neighbouring countries before, during, and after the trial ended. The Eichmann Trial Reconsidered puts Eichmann at the centre of an exploration of German versus Israeli jurisprudence, national Israeli identities and politics, and the conflict bTrade Review"This excellent collection of essays revisits the 1961 trial of Adolf Eichmann from disciplinary perspectives ranging from law to history to psychology to film studies." -- Norman J.W. Goda, University of Florida * Central European History *“By offering multifaceted views on the former aspects, the volume does an excellent job in summarizing an ever more complex subject of Holocaust studies.” -- Thomas Kühne * Clark University German Studies Review *Table of ContentsAcknowledgments Introduction Rebecca Wittmann Part I: Eichmann on Trial 1. Coming to Terms with the “Banality of Evil”: Implications of the Eichmann Trial for Social Scientific Research on Perpetrator Behavior James E. Waller 2. From History to Story: When the “Architect” of the Holocaust Became his Own “Witness” Fabien Théofilakis 3. Revisiting Eichmann and Zionism: Contexts, Strange Encounters, and their Afterlives Michael Berkowitz Part II: Eichmann and Jurisprudence 4. Prosecuting “Crimes against the Jewish People”: The Eichmann Trial and the History of a Legal Concept Laura Jockusch 5. The Eichmann Trial: Toward a Jurisprudence of Eyewitness Testimonies of Atrocity? Leora Bilsky 6. What Makes a Prosecution an International Landmark Trial? Reflections on the Tensions between Legal Proceedings, Politics, and Historical Facts Ruth Bettina Birn Part III: Eichmann and Geopolitics 7.The Eichmann Trial's Impact Reconsidered Boaz Cohen 8. The Eichmann Trial and the Relations between the Federal Republic of Germany and Israel: A Positive or Negative Influence? Dominique Trimbur 9. The Impact of the Eichmann Trial on Relations between Israel and the Federal Republic of Germany Roni Stauber 10. The Impact of the Eichmann Affair on Arab Holocaust Discourse Esther Webman Part IV: Representing Eichmann 11. Remaking Eichmann: Memories of Mass Murder and the Transatlantic Student Movements of the 1960s Thomas Pegelow Kaplan 12. From 2-Inch to YouTube: The Audiovisual Documentation and the Broadcast of the Eichmann Trial Liat Benhabib
£44.20
Edinburgh University Press George Craig of Galashiels
Book SynopsisGeorge Craig was Sir Walter Scott's local banker, a writer, insurance agent, election agent and baron bailie of Galashiels. Based on thousands of recently discovered letters, this is the first study of a provincial nineteenth-century Scots lawyer and the community he served.
£22.49
Harvard University Press Bitter Reckoning
Book SynopsisDigging into newly declassified archives, Dan Porat unearths the story of Jews prosecuted by the State of Israel for Nazi collaboration. Over time courts and the public came to see Jewish ghetto administrators or kapos as tragic figures. Rigorous yet humane, Porat invites us to rethink ideas about victimhood, justice, and collective memory.Trade ReviewThe largely forgotten history of these trials has pivotal importance for our changing sense of what it meant to be a Jew during the Holocaust, as Dan Porat makes clear in his insightful, eloquently written new book. -- David Mikics * Tablet *In this revelatory and at times astonishing book, the historian Dan Porat analyses the hitherto inaccessible transcripts of 40 kapo trials that were held in Israel over the course of two decades…And yet, 40 years later, only the 1961 trial of Adolf Eichmann, chief Nazi architect of the Final Solution, is ever discussed. Bitter Reckoning interrogates this cultural amnesia and asks why it is that Israel no longer calls to account the actions of Jewish functionaries within the camps. -- Giulia Miller * Times Higher Education *Porat raises profound moral questions about complicity, justice and victimhood. Bitter Reckoning makes an important, and perhaps pivotal, contribution to our understanding of the Holocaust. Porat documents the changing views of Israelis about alleged collaborators. -- Glenn C. Altschuler * Jerusalem Post *Masterful…The real beauty of this book is how Israeli society gradually came to different conclusions as to the guilt or complicity of those standing trial, choosing, ultimately, not to stand-in judgment over men and women in impossible situations…An essential guide to understanding the torments of the young state of Israel and, in the process, adds to our sum of knowledge about the Holocaust. -- Jenni Frazer * Jewish Chronicle *Porat’s writing is smooth and deliberate, delivered with integrity. His analysis of prosecutor and judicial motivations, especially within the trial records kept by judges and justices, is masterful…The extensive research by Porat lends considerable weight to why the Israeli criminal justice system was a poor choice as a vehicle of justice in this circumstance. -- Charles S. Weinblatt * New York Journal of Books *Gripping…Porat puts these trials into a broader framework, analyzing the changes in Israeli attitudes to Shoah survivors over the years. -- Martin Lockshin * Canadian Jewish News *A superb, meticulously researched work of historical empathy. The fullest, most intelligent exploration I’ve read of what Primo Levi termed ‘the gray zone,’ and the improbability of moral, let alone legal, clarity for those found to have been inside of it. -- Steven J. Zipperstein, author of PogromIn this riveting book Dan Porat offers a new and stunning perspective on Israel's tormented encounter with the legacy of the Holocaust and some of its survivors. It is not necessary to share Porat's opinions in order to respect his intellectual integrity, compassion, and masterly writing. -- Tom Segev, author of A State at Any CostPorat’s account of Israel’s kapo trials offers the first general history of these largely forgotten proceedings. He offers a persuasive, well-researched, and cogent history of the trials, situated in the context of postwar Jewish and Israeli life. -- Devin Pendas, author of The Frankfurt Auschwitz Trial, 1963–1965Skillfully weaving together courtroom drama with the politics, press, and public opinion of the time, Porat takes us to the gray area between perpetrator and victim and leaves us with a wealth of knowledge, important insights, and much to think about. -- Joshua Schoffman, former Deputy Attorney General, Israeli Ministry of JusticeA fascinating account of an important episode in Israeli history and post-Holocaust justice. Porat provides a lucid and well-documented reconstruction and analysis of the political arguments and evolution of judicial practice over three decades. -- Omer Bartov, author of Anatomy of a GenocideAn exploration of Holocaust survivors who collaborated with the Nazis…Fills in some gaps in the Holocaust literature. * Kirkus Reviews *Porat’s analysis of the ‘Kapo trials’ in Israel between 1950 and 1972 is critical for scholars interested in Holocaust justice, Jewish Holocaust testimony, and myths of postwar ‘silence’ concerning the Holocaust. -- Norman J. W. Goda * Holocaust and Genocide Studies *
£22.46
Harvard University Press Hate Crimes in Cyberspace
Book SynopsisSome see the internet as a Wild West where those who venture online must be thick-skinned enough to ensure verbal attacks in the name of free speech protection. Danielle Keats Citron rejects this view. Cyber-harassment is a matter of civil rights law, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.Trade ReviewVividly written and carefully argued, the book is a fine account of law in this area… We should, as Citron argues, reject the facile romanticization of the Internet as the last frontier of true freedom. We should acknowledge that the Internet both facilitates expression and silences, both allows speech and muzzles it… The major contribution of Citron’s book is its lucid summary of the vast network of laws, both state and federal, that are pertinent to cyberabuse. As she shows, we can do quite a lot for victims of cyberabuse without chilling expression… Citron confronts the perpetual free-speech/First Amendment problems attendant to her family of proposals head-on, and the case she makes is persuasive… Citron makes a number of useful proposals for legal reform while convincing readers of the seriousness of the problem. -- Martha C. Nussbaum * The Nation *With the amount of research, detail, and sharp, straightforward suggestions in this book, you can almost hear Citron daring her readers to attempt any kind of counterargument, because one simply doesn’t exist… Hate Crimes fully delivers on its promise to elucidate the possible legal responses to online harassment and revenge porn, and policymakers—Citron’s intended audience—will be well served by its clarity… The author derives a lot of firing power from comparing the modern-day fight against online harassment to the 1970s-era fights for the criminalization of sexual harassment in the workplace, and, to a lesser extent, to the fight for the acknowledgement of (and due punishment for) domestic violence. Her comparisons with other feminist fights for equality are both apt and poignant, and the economic injustice of online harassment is certainly deserving of swift and meaningful solutions. -- Jordan Larson * The Baffler *Citron…focuses on how online hate speech ruins lives, most often women’s lives. She cites surveys that show that 60 to 70 percent of cyberstalking victims are women, and she details cases in which women have been targeted, defamed, and threatened with rape and murder… The very same things that make the Internet such a uniquely powerful medium for freedom of speech make it a uniquely powerful medium for hate crimes… The difficult question—as always in First Amendment and most constitutional litigation—is where to draw the line. In grappling with that and offering provisional answers, Citron [does] a great service. -- Erwin Chemerinsky * Chronicle of Higher Education *This book sets forth a compelling argument that the internet should not be allowed to maintain its ‘Wild West’ anarchic status, because its ability to facilitate cyber-bullying outweighs the virtues of maintaining that status… Hate Crimes in Cyberspace’s main strength lies in its sustained and detailed exploration of the bizarrely convoluted, sustained and extremely hurtful nature of online abuse of individuals… Its pioneering research could and should be used to support the case for introducing a criminal offence of gender-based hate speech in various countries. -- Helen Fenwick * Times Higher Education *Danielle Citron’s Hate Crimes in Cyberspace is a breakthrough book… Citron does a thorough and admirable service of clearly delineating the avenues for legal relief that already exist, thus belying the widely held belief that this behavior is totally unregulated and therefore beyond the law’s reach. Cyberspace is not a completely unregulated wild west, and perpetrators of hate crimes as well as their victims need to know that. Citron calls for greater enforcement of all of these laws that already target hate crimes in cyberspace… The book thus serves as a blueprint for what Citron insightfully calls a new civil rights movement. It gives legal representatives and victims a roadmap for charting out legal actions that can be taken to halt the abuse being currently suffered, and to compensate for past harms. It gives state and federal legislators a menu of options for strengthening the law in this area, so that cyberspace can be a safe as well as robust domain for the expression of views on all subjects. It responds to First Amendment worries about the possibility that her proposed reforms might chill valuable speech, and it suggests paths for interested private parties who want to affect the trajectory here outside the law. It’s a tour de force and I believe it will succeed. It will change the law, change the conversation, and change attitudes toward and regarding this extraordinarily abusive and harmful behavior. It will strengthen women’s civil rights, and thus strengthen women’s equality and at core, it will be a significant step toward ensuring women’s safety in the public space of employment and education, as well as in cyberspace and the home. This is a book to celebrate, to study, to argue over, and, mostly, to use… This book makes a powerful case that we must do something about this conduct, and that we must use law to do it. There simply must be a more robust legal response to harmful, hateful, and misogynistic behavior, in cyberspace, no less than in workplaces and the home. That is a huge contribution, to women’s equality, to the quality of our social and civic life, and to the justice of our law. -- Robin West * Jotwell *[Citron’s] book comprehensively catalogs the many forms of online harassment—from revenge porn to anonymous cyber mobs—arguing that we need more robust laws to criminalize it and that law enforcement needs to take the cases more seriously… Her book attempts to persuade readers of the real damage wrought by digital attacks with examples of some of the worst harassment that’s happened online… Citron hopes her book convinces readers that harassment online should be taken seriously, and that a robust legal and enforcement framework is created to make the Internet a less chilling place for women. -- Kashmir Hill * Forbes *There sometimes seems to be a river of hate on the internet, flowing steadily through different social media; people are often hurt, and there is no obvious end to it. In this book, Danielle Citron, an American law professor, proposes, with quiet authority, how we, as digital citizens, lawmakers, internet intermediaries and educators, can make a change. -- Katharine Quarmby * The Guardian *To be sure, police and prosecutors regularly fail to enforce existing laws when it comes to online abuse, either because they don’t take the abuse seriously or because they lack the technological skills to find the perpetrators. But while better training and more resources are certainly necessary, Citron argues persuasively that the law itself needs to evolve as well. -- Michelle Goldberg * The Nation *It is the first systematic account of the problem, and how to counter it. Citron proposes practical and lawful ways in which to punish online harassment and also demonstrates the emotional, professional and financial damage incurred by victims. -- Katharine Quarmby * Newsweek *[An] excellent new book…which dives into the negative consequences of connectivity and suggests legal and ethical remedies that may help people who are the targets of abuse and harassment… I think the book deserves to get a wide audience, particularly as legislatures and tech companies struggle to grapple with the consequences of connectivity. While [Citron] writes from the informed perspective of a legal scholar and researcher, the prose is clear and her approach should be accessible to lay audiences… Citron connects the experiences of women and minorities in the 20th century and the civil rights laws that were enacted to prevent or penalize discrimination against people on the basis of race or gender, with the challenges that confront people in the 21st century. -- Alex Howard * TechRepublic.com *A very important book…that addresses the dark and dangerous side of the Internet. Hate Crimes in Cyberspace by Danielle Keats Citron delves into myriad stories that swing from unfortunate to horrific, highlighting the negative experiences people have suffered as a result of behavior made possible by the anonymity the Internet provides, and/or made exponentially more severe due to the medium’s vast and instant reach… It’s enough to make you want to go offline for a very, very long time. * Bridg-iT blog *An impassioned call for equal rights for women on the Internet… Citron introduces three women and describes how their personal, educational and professional prospects were wantonly destroyed by cybermobs attacking them through posts on social networking sites and emails sent to prospective schools and employers, messages containing scurrilous lies and graphically detailed threats to rape and murder them. Their efforts to stop or punish these activities were frustrated by the posters’ anonymity, indifference on the part of law enforcement and legal loopholes protecting the websites hosting the attacks. Central to their predicaments is a widespread attitude that considers the Internet a lawless playground with no effect on the real world and that belittles the concerns of women and minorities facing a torrent of mindless hate when they attempt to use the Internet to advance their interests and careers. Citron compares this to the dismissive attitudes about sexual harassment in the workplace and domestic violence prevalent 40 years ago, and she argues that driving this vicious behavior from the Internet should be a major 21st-century civil rights initiative. The author has given careful thought to how the standards of civilized conduct expected everywhere else in our culture can be brought to bear on the Internet consistent with First Amendment concerns and without damaging the Internet’s capacity for robust debate, activism and innovation. Along with proposals for reducing the social acceptability of Internet abuse, Citron offers well-considered and modest changes to communications law and judicial procedure that could go a long way toward opening the Internet to safer and wider use by currently victimized groups. Her suggestion that anonymity online should be treated as a privilege that can be lost by violations of a site’s terms of service is particularly constructive… Frightening and infuriating, this demand for legal accountability for Internet barbarism deserves widespread exposure and serious consideration. * Kirkus Reviews (starred review) *Citron addresses a significant, timely topic in this impressively comprehensive, expertly researched book. Drawing upon leading legal and sociological works, the author explores the nature and consequences of cyber harassment and cyber stalking. Citron’s approach is particularly effective because she introduces a series of actual cases in which victims’ lives and livelihoods have been damaged by deliberate, malicious invasions of privacy over the Internet. In addressing legal remedies for digital hate attacks, Citron invokes lessons from the civil, women’s, and employee rights movements. Moreover, she emphasizes ways in which victims can employ civil and criminal legal means of catching and punishing perpetrators of these crimes. Still, the law is dilatory in recognizing and addressing the challenges presented by digital hate; thus, law enforcement agencies and the courts have much to learn about protecting rights in the digital age… An excellent analysis of the social impact of Internet hate crimes. -- Lynne Maxwell * Library Journal (starred review) *Citron brings clarity and rigor to a difficult area of law and policy—dealing with cyber harassment and stalking—that is in desperate need of both. Her book is a must-read for anyone interested in balancing free speech and privacy, and finding protection from the damage that online trolls can do. Citron masterfully guides us toward much needed solutions. -- Emily Bazelon, Senior Editor, SlateIn this important book, Danielle Citron proposes a civil rights agenda for the digital age—new legal tools that will protect equal opportunity and human dignity in digital spaces. She explains how we can protect individuals from online harassment and abuse without undermining freedom of expression. This is pioneering legal scholarship. -- Jack M. Balkin, Yale UniversityThe free flow of information and expression facilitated by the Internet can bring out the best in people—and also the worst. Hate Crimes in Cyberspace is a call to action and thought-provoking roadmap to realizing the Internet’s full potential as a place of discourse and engagement for all. -- Jonathan Zittrain, author of The Future of the Internet—And How to Stop It
£23.36
HarperCollins Publishers irishpeacockandscarletmarquesstherealtrialofoscarw
Book Synopsis'As good as being in the gallery. Enthralling.' Peter Ackroyd, The Times The original transcript of the famous Wilde vs Queensberry trial, containing previously unseen details and exchanges. With extensive footnotes and a new introduction, this definitive account is a dramatic read that will delight Wilde enthusiasts and the general reader.Trade Review'The most sensational trial of the 19th century. Merlin Holland has produced a gripping and fascinating volume that entirely supersedes previous accounts of the Queensberry trial. Along with a number of unfamiliar biographical details and intriguing glimpses into his private life, it gives us, for the first time, a real sense of how Wilde actually spoke in conversation. As a work of dramatic legal literature it ranks with Plato's account of the trial of Socrates. While Wilde failed to make life conform to the laws of his own writing, he did at least succeed in turning one of the most important episodes in his biography into a kind of art.' Daily Telegraph 'We can now watch the drama unfold, as the prosecution of Queensberry is aborted and Wilde becomes the figure under pressure, his clever replies and elegant evasions proving no match for the terrier-like persistence of Edward Henry Carson QC.' Independent 'Wilde seems to have run into the arms of his own destruction. He had tasted fame, and success, and wealth. He wanted the complete life, which would encompass shame and infamy as well as glory and applause. They may all be discovered in this book.' The Times
£10.44
HarperCollins Publishers Inc Sisters in Law
Book Synopsis
£15.29
HarperCollins Publishers Inc Servants of the Damned
Book Synopsis
£24.38
HarperCollins Publishers Inc Servants of the Damned
Book Synopsis
£15.19
HarperCollins Publishers Inc On Treason
Book Synopsis
£13.53
Penguin Putnam Inc A Peoples History of the Supreme Court
Book Synopsis
£19.20
Penguin Publishing Group Imbeciles
Book Synopsis
£16.15
Penguin Random House India The Case that Shook India Publisher penguin books
Book SynopsisThe Case That Shook India by Prashant Bhushan recounts the landmark Indira Gandhi v. Raj Narain case that led to the imposition of Emergency in India. It exposes the misuse of power to save the PM's election, highlighting threats, bribes, and deceit. The book serves as a crucial legal and historical document with contemporary relevance.
£15.26
Oxford University Press Inc The Ex Post Facto Clause
Book SynopsisThe first comprehensive examination of the US Constitution''s Ex Post Facto Clause, surveying its history and the critical role it can and should play in combatting the punitive tendencies of American legislatures.The Ex Post Facto Clause, one of the few civil liberty protections found in the body of the US Constitution, reflects the Framers'' acute concern over the tendency of legislatures to enact burdensome retroactive laws targeting unpopular individuals. Over time, a broad array of Americans have invoked the protective cloak of the Clause, including Confederate sympathizers in the late 1860s; immigrants in the early 1900s; Communist Party members in the 1950s; and, since the 1990s, convicted sex offenders. Although the Supreme Court enforced the Clause with vigor during the first several decades of the nation''s history, of late the justices have been less than zealous defenders of the security it was intended to provide. And, even more problematic, they have done so amid major changes in the nation''s social, political, and institutional life that have made the protections of the Ex Post Facto Clause all the more important. The Ex Post Facto Clause provides the first book-length examination of the history of the Clause and its potential for tempering the punitive impulses of modern American legislatures. Wayne A. Logan chronicles and critiques the evolving treatment of ex post facto claims by the Supreme Court, which has created a body of law that is both at odds with the Framers'' intent and ill-suited to the unforgiving and harshly punitive nation that America has become. Drawing on Framing Era history, seminal Supreme Court decisions, and the global embrace of the values underlying the Ex Post Facto Clause, Logan provides a blueprint for how the Clause can play a reinvigorated and more robust role in guarding against the penal populism besetting modern American legislatures.Trade ReviewProfessor Wayne Logan—renowned expert on sex offender registration, felon disfranchisement, and other collateral sanctions—now provides the definitive study of the Constitution's prohibition on retroactive laws. Logan shows that the Ex Post Facto Clause was originally intended as a broad protection of the most vilified and vulnerable against persecution. He provides a devastating critique of the US Supreme Court's history of contriving arbitrary exceptions to this fundamental principle and shows how these have contributed to excesses of the war on crime. This is first rate work. * Guyora Binder, SUNY Distinguished Professor, University at Buffalo School of Law, SUNY *An important contribution to our understanding of the punitive turn in US penal policies. Logan's comprehensive scholarship demonstrates the role of contemporary judge-made constitutional doctrine in enabling our long war on crime and recovers the lost constitutional tradition of checking the abuses of penal populism that would be vital to ending it. * Jonathan Simon, Lance Robbins Professor of Criminal Justice Law, University of California, Berkeley *This is a richly detailed account of an understudied constitutional clause that presents an innovative argument for its reinvigoration. Logan's work directly contributes to legal and historical scholarship on American constitutional and criminal law, but political scientists, sociologists, and criminologists interested in criminal justice reform will be interested in his prescription to use the provision to check punitive lawmaking. Many laws with retroactive impacts on the lives of convicted individuals-including those mandating sex offender registration and notification or prohibiting convicted felons from certain occupations, among others-do not receive ex post facto coverage under current doctrine. Logan's case for a new approach is fresh and valuable. * Anthony Grasso, Law & Society Review *This is a richly detailed account of an understudied constitutional clause that presents an innovative argument for its reinvigoration. Logan's work directly contributes to legal and historical scholarship on American constitutional and criminal law, but political scientists, sociologists, and criminologists interested in criminal justice reform will be interested in his prescription to use the provision to check punitive lawmaking...As research grows exploring the problems of American criminal justice, The Ex Post Facto Clause is a noteworthy contribution advancing a novel argument to reinterpret an oft-ignored constitutional tool to constrain punitive lawmaking. * Anthony Grasso, Wiley Online Library *Table of ContentsIntroduction Chapter 1: Background and Early History Chapter 2: The Supreme Court Weighs In: Calder v. Bull (1798) Chapter 3: Formative Nineteenth Century Developments Chapter 4: Late Nineteenth Century to 1990: A Period of Retrenchment Chapter 5: The 1990s to the Present Chapter 6: Recasting the "Punishment Question" Chapter 7: Broadening the Scope of Coverage Chapter 8: Global Perspectives Appendix A Appendix B Index
£44.32
Oxford University Press Inc Pen and Ink Witchcraft
Book SynopsisIndian peoples made some four hundred treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.In Pen and Ink Witchcraft, eminent Native American historian Colin G. Calloway narrates the history of diplomacy between North American Indians and their imperial adversaries, particularly the United States. Treaties were cultural encounters and human dramas, each with its cast of characters and conflicting agendas. Many treaties, he notes, involved not land, but trade, friendship, and the resolution of disputes. Far from all being one-sided, they were negotiated on the Indians'' cultural aTrade Reviewthe book is especially well-written. Its narrative flows easily through the tortuous paths (both literal and figurative) of treaty making, while always giving proper attention to Native agency and hitherto forgotten historical players ... Suited both for the student and for the historian of American expansionism ... Pen and Ink Witchcraft will be a valuable addition to libraries and classrooms. * Phillip H. Round, American Hisorical Review *Table of ContentsAcknowledgments ; Ch. 1: Treaty Making in Colonial America: The Many Languages of Indian Diplomacy ; Ch. 2: Fort Stanwix, 1768: Shifting Boundaries ; Ch. 3: Treaty Making, American-Style ; Ch. 4: New Echota, 1835: Implementing Removal ; Ch. 5: Treaties in the West ; Ch. 6: Medicine Lodge, 1867: Containment on the Plains ; Ch. 7: The Death and Rebirth of Indian Treaties ; Appendix: The Treaties ; Notes ; Bibliography ; Index
£31.02
Oxford University Press Inc An Introduction to Contemporary International Law A PolicyOriented Perspective
Book SynopsisAn Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, viewing international law as an ongoing process of decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this work is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles.Using contemporary examples, this Third Edition builds on previous editions by contextualizing and dramatizing these changes with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of pTrade ReviewIn the third edition of this most welcome and important book, Professor Lung-chu Chen enhances his already well-established reputation as a scholar in both the United States and in Asia. He applies a deep understanding of the policy science approach to explain contemporary international issues and the law that addresses them. His knowledge and ideas have importance for a wide variety of audiences. * Dame Rosalyn Higgins, Former President of the International Court of Justice *Lung-chu Chen, distinguished international legal scholar and leading exponent of the New Haven School's approach to international law, offers a policy-oriented perspective on the process of international law that is as rich in detailed review of trends as it is in their critical appraisal in terms of human dignity goals. Professor Chen's book will be an indispensable text for students and scholars and the vade mecum for practitioners and diplomats. * W. Michael Reisman, Myres S. McDougal Professor of International Law, Yale Law School *In his third edition of An Introduction to Contemporary International Law, Professor Lung-chu Chen has again produced an illuminating account of contemporary international law from the perspective of the New Haven School. This edition is fully updated, replete with examples drawn from topical events and placed in the political and social context of globalization. Current trends on institutionalization, the role of individuals, of civil society, human security, and many others are explored with rigor and freshness. This book is a must-read for scholars and practitioners of international law and relations. * Christine Chinkin, Professor of International Law, London School of Economics and Political Science *The third edition of An Introduction to Contemporary International Law is a remarkable rarity, a masterfully updated overview and organization of international law in terms of a Realist-type process orientation and categorizations developed by the New Haven School of International Law. This unique and acclaimed work is a necessary addition to an adequate international law collection and will continue to guide numerous students and practitioners of international law. * Jordan J. Paust, Mike & Teresa Baker Law Center Professor, University of Houston Law Center *Table of ContentsPreface to the Third Edition ; Preface to the Second Edition ; Preface to the First Edition ; Part One / Delimitation of the Task ; 1 International Law in a Policy-Oriented Perspective ; Part Two / Participants ; 2 Nation-States ; 3 International Governmental Organizations ; 4 Nongovernmental Organizations and Associations ; 5 The Individual ; Part Three / Perspectives ; 6 Minimum World Order and Optimum World Order ; Part Four / Arenas ; 7 Establishment of and Access to Arenas of Authority ; Part Five / Bases of Power ; 8 Control over Territory ; 9 Control and Use of the Sea ; 10 Control and Use of Other Resources ; 11 Control of People: Nationality and Movement ; 12 Protection of People: From Alien Rights to Human Rights ; 13 Vertical Allocation of Authority ; 14 Horizontal Allocation of Authority ; Part Six / Strategies ; 15 The Diplomatic Instrument ; 16 International Agreements ; 17 The Ideological Instrument ; 18 The Economic Instrument ; 19 The Military Instrument ; Part Seven / Outcomes ; 20 The Intelligence Function ; 21 The Promoting Function ; 22 The Prescribing (Lawmaking) Function ; 23 The Invoking Function ; 24 The Applying Function ; 25 The Terminating Function ; 26 The Appraising Function ; Part Eight / Effects ; 27 Succession of States ; 28 Responsibility of States ; 29 Individual Criminal Responsibility ; Part Nine / Prospects ; 30 Toward a World Community of Human Dignity ; Bibliography ; List of Treaties ; Index
£129.68
Oxford University Press Inc American Legal History
Book SynopsisTrade Review"The hardest part about teaching legal history is introducing students to the 'art and craft of the law.' By providing them with digestible excerpts that I can spend hours dissecting after, this text makes that part of my job much easier."--Oliver Lee Bateman, University of Texas at Arlington "This book sets the standard against which all other document and materials books in the field are judged. It is the leading book, and rightly so."--Thomas C. Mackey, University of LouisvilleTable of ContentsChapter 1: Law in the Morning of America: The Beginnings of American Law to 1760 THE ENGLISH HERITAGE AND MAGNA CHARTA Magna Charta (1215) Note: Due Process and the Law of the Land Note: The Reformation, Tudor England, and the Stuart Monarchs THE VIRGINIA COLONY Dale's Laws (1611) THE BEGINNINGS OF CONSTITUTIONALISM IN AMERICA The Mayflower Compact (1620) John Winthrop, "A Model of Christian Charity" (1629) John Winthrop, "Reasons to be Considered for Justifying the Undertakers of the Intended Plantation in New England, & for Encouraging Such Whose Hearts God Shall Move to Join with Them In It" (1629) Note: Roger Williams and Religious Liberty Roger Williams, "The Bloudy Tenent of Persecution for Cause of Conscience" (1644) Roger Williams to the Town of Providence (1655) The Laws and Liberties of Massachusetts (1648) The Rhode Island Patent (1643) The Maryland Toleration Act (1649) Note: England's Civil War THE POST-RESTORATION COLONIAL GOVERNMENTS The Fundamental Constitutions of Carolina (1669) William Penn, First Frame of Government (1682) The Ne w-York Charter of Libertyes (1683) THE GLORIOUS REVOLUTION Note: The Case of the Seven Bishops (1688) The English Bill of Rights (1689) John Locke, "Second Treatise of Civil Government" (1690) THE SOURCES OF LAW IN AMERICA Note: Reception of the Common Law William Blackstone on Reception (1765) Giddings v. Brown (1657) LAW AND COLONIAL SOCIETY Morality and Colonial Law "A Horrible Case of Beastiality," Plymouth Colony (1642) Marriage, Women, and the Family William Blackstone on Women in the Eyes of the Law (1765) Note: Women and the Law in the Colonial Era An Act Concerning Feme-Sole Traders (1718) Widows of New York and Taxes Children, Apprenticeship, Education Virginia Apprenticeship Statute (1646) Children's Education in Plymouth (1685) White Indentured Servitude In re Wm. Wootton and John Bradye (1640) South Carolina Servant Regulations (1761) Slavery In re John Punch (1640) In re Emanuel (1640) Re Mulatto (1656) Re Edward Mozingo (1672) Moore v. Light (1673) Against Runnaway Servants, Act XVI (1657-1658) How Long Servants Without Indentures Shall Serve, Act XVIII (1657-1658) An Act for the Dutch and All Other Strangers for Tradeing to This Place, Act XVI (1659-1660) Run-aways, Act CII (1661-1662) Negro Womens Children to Serve According to the Condition of the Mother, Act XII (1662) An Act Declaring that Baptisme of Slaves Doth Not Exempt Them from Bondage, Act II (1667) An Act About the Casuall Killing of Slaves, Act I (1669) An Act for Preventing Negro Insurrections, Act X (1680) The Germantown Protest Against Slavery (1688) South Carolina Slave Code (1740) The New York "Negro Plot" (1741) Colonial Welfare Systems An Act for the Relief of the Poor (1742) Note: Colonial Workfare Class Legislation, Sumptuary Laws, and Social Deference The Incident of the Roxbury Carters (1705) Law and the Colonial Economy The Laws and Liberties of Massachusetts (1648) The Laws of South Carolina (1734) Early Criminal Law The Salem Witch Trials (1692) Increase Mather, "Cases of Conscience Concerning Evil Spirits Personating Men" (1692) Cotton Mather, The Wonders of the Invisible World (1693) Politics and Criminal Law: Toward a New America The Zenger Trial (1735) Chapter 2: Law in a Republican Revolution 1760-1815 THE AMERICAN REVOLUTION Jonathan Mayhew, "Unlimited Submission and Non-resistance to the Higher Powers" (1750) Note: Litigation and the Coming of the Revolution James Otis, "The Rights of the British Colonies" (1764) William Blackstone on the Imperial Constitution (1765) The Declaratory Act (1766) The Declaration and Resolves of the Continental Congress (1774) Tom Paine, Common Sense (1776) The Declaration of Independence (1776) REPUBLICAN STATE CONSTITUTIONALISM The Virginia Declaration of Rights (1776) The People the Best Governors (1776) Note: The Pennsylvania Constitution of 1776 Slavery and the New Nation Somerset v. Stewart (1772) The Pennsylvania Gradual Abolition Act (1780) Massachusetts Constitution of 1780 Commonwealth v. Jennison (1783) Virginia Manumission Act (1782) North Carolina Statute on Slave Murder (1791) Thomas Jefferson on Slavery, Notes on the State of Virginia (1784) Religion The Virginia Statute for Religious Freedom (1786) New Hampshire Constitution (1784) Revolution and Law Reform Thomas Jefferson, Notes on the State of Virginia (1784) REPUBLICAN NATIONAL CONSTITUTIONALISM The Articles of Confederation (1781) The Philadelphia Convention (1787) Debates Over Ratification of the Constitution Antifederalist Critique of the Constitution: Elbridge Gerry's Report on the Constitution as Printed in the Massachusetts Centinel (1787) Federalist, Number 10 (1787) Federalist, Number 78 (1788) Letter of Brutus, No. XV (1788) The Northwest Ordinance (1787) THE NEW REPUBLIC The Bill of Rights James Madison, "Property" (1792) EXECUTIVE POWER, CIVIL LIBERTIES, AND THE GOVERNMENT Hamilton Versus Madison on Presidential Power (1793) George Washington, Farewell Address (1796) The Sedition Act (1798) The Virginia and Kentucky Resolutions (1798-1799) Thomas Jefferson, First Inaugural Address (1801) COURTS, JUDGES, AND THE POWERS OF CONGRESS IN THE NEW NATION The Judiciary Act (1789) Jefferson Versus Hamilton on the Bank of the United States (1791) Calder v. Bull (1798) Marbury v. Madison (1803) Chapter 3: The Active State and the Mixed Economy 1812-1870 THE GOLDEN AGE OF AMERICAN LAW COMMERCE, LEGISLATIVE PROMOTION, AND LAW IN THE NEW REPUBLIC The New York Steamboat Monopoly and the Federal Commerce Power Livingston v. Van Ingen (1812) Note: The Mix of Economics, Politics, and Law Gibbons v. Ogden (1824) Note: The Effect of Gibbons The Second Bank of the United States McCulloch v. Maryland (1819) Note: A Court Opinion as Political Theory Andrew Jackson, Veto Message (1832) Note: Jacksonian Economics Note: A Federal Common Law Note: Canals, Internal Improvements, and the States State Constitutions and the Active State Ohio Constitution (1851) Mississippi Constitution (1817) Mississippi Constitution (1832) SUBSTANTIVE LAW AND ECONOMIC GROWTH The Advent of the Corporation Dartmouth College v. Woodward (1819) Note: The Politics of the Dartmouth College Case Charles River Bridge Company v. Warren Bridge Company (1837) Note: The Limited Liability of Stockholders Labor in an Industrializing Society Note: The Traditional Theory of Labor Conspiracy Commonwealth v. Hunt (1842) Note: The Fellow Servant Rule Farwell v. The Boston and Worcester Railroad Co. (1842) Note: Chief Justice Shaw and Labor Note: Fellow Servants and Slaves Property Van Ness v. Pacard (1829) Note: Eminent Domain Parham v. The Justices of Decatur County (1851) Note: Just Compensation Barron v. Baltimore (1833) Joseph Angell, A Treatise on the Law of Watercourses (1854) Note: Water Rights and Industrial Development in the East Cary v. Daniels (1844) Note: Water Rights in the West Walter Prescott Webb, The Great Plains (1931) Irwin v. Phillips, et al. (1855) Note: Law and Westward Migration The Growth of Contract Law in the Nineteenth Century Seixas and Seixas v. Woods (1804) McFarland v. Newman (1839) Icar v. Suares (1835) Seymour v. Delancey, et al. (1824) Note: Contracts and the Emerging Speculative Economy Note: Contracts and the Federal Constitution The Evolution of Modern Tort Law Spencer v. Campbell (1845) Brown v. Kendall (1850) Note: The Emergence of Negligence Note: Toward the Future Ryan v. New York Central Railroad Co. (1866) Fent et al. v. Toledo, Peoria & Warsaw Railway Co. (1871) An Act to Establish the Responsibility of Railroad Corporations, Companies and Persons Owning or Operating Railroads, for Damages by Fires Communicated by Locomotive Engines (1887) Note: Wrongful Death and Tort Law Chapter 4: Slavery, the Civil War, Reconstruction, and Segregation SLAVERY AND STATE LAW Race and the Law of Negro Slavery Thomas R. R. Cobb, An Inquiry into the Law of Negro Slavery (1858) The Power of the Master over the Slave State v. Mann (1829) Note: Harriet Beecher Stowe on Southern Judges Souther v. Commonwealth (1851) State v. Hoover (1839) Mitchell v. Wells (1859) Note: The Somerset Precedent in America SLAVERY AND THE CONSTITUTION The Problem of Fugitive Slaves Prigg v. Pennsylvania (1842) Note: Prigg and the Use of History Note: Prigg and Its Aftermath Note: Northern States'-Rights Arguments Slavery, the Territories, and Interstate Comity Dred Scott v. Sandford (1857) Note: The Reaction to Dred Scott Abraham Lincoln, "House Divided" Speech (1858) Note: The Next Dred Scott Decision SECESSION AND CONSTITUTIONAL THEORY South Carolina Ordinance of Nullification (1832) President Jackson's Proclamation Regarding Nullification (1832) NULLIFICATION AND SECESSION Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina (1860) Abraham Lincoln, First Inaugural Address (1861) THE CIVIL WAR AND EMANCIPATION Abraham Lincoln, The Emancipation Proclamation (1863) Note: The Effect of the Emancipation Proclamation Abraham Lincoln, Second Inaugural Address (1865) RECONSTRUCTION AND ITS AFTERMATH: POLITICAL CHANGE, BLACK FREEDOM, AND THE NADIR OF BLACK RIGHTS Political Change Articles of Impeachment of Andrew Johnson (1868) Note: The Courts and the Politics of Reconstruction Black Freedom Mississippi Black Codes (1865) An Act to Protect All Persons in the United States in Their Civil Rights, and Furnish Means of Their Vindication (1866) Note: The Civil Rights Act and the Fourteenth Amendment Note: Andrew Johnson's Veto of the 1866 Civil Rights Act Note: The Freedmen's Bureau Note: The Civil Rights Act of 1875 The End of Civil Rights The Slaughterhouse Cases (1873) Note: The Slaughterhouse Legacy Note: Civil Rights Cases (1883) Note: Responses to the Civil Rights Cases Race and Segregation in Nineteenth-Century Law and Society Roberts v. The City of Boston (1850) Note: The Response to Roberts Note: Free Blacks and the Law Plessy v. Ferguson (1896) Note: Separate But Equal in the North Segregation on the Eve of a New Century (1898) Chapter 5: Nineteenth-Century Law and Society 1800-1900 RACE Native Americans Cherokee Nation v. Georgia (1831) Note: The Federal Government and Native Americans Lone Wolf v. Hitchcock (1903) Asians Yick Wo v. Hopkins (1886) Note: The Chinese and Jim Crow Note: Chinese Exclusion United States v. Wong Kim Ark (1898) Note: Gentlemen's Agreement (1907) Oregon v. Charley Lee Quong, Ah Lee, and Lee Jong (1879) The Mexican Southwest California ex rel. M. M. Kimberly v. Pablo de la Guerra (1870) GENDER AND DOMESTIC RELATIONS The Rights of Women "The Seneca Falls Declaration of Sentiments" (1848) The New York Married Women's Property Acts (1848) and (1849) Note: Married Women and the Law Bradwell v. Illinois (1873) Minor v. Happersett (1875) Note: The Case of United States v. Susan B. Anthony (1873) Marriage and Divorce Joel P. Bishop, "The Nature of Marriage and How Defined" (1881) Wightman v. Coates (1833) Reynolds v. United States (1879) Note: Divorce Waldron v. Waldron (1890) Birth Control and Abortion State v. Slagle (1880) Note: Abortion and the Quickening Doctrine People v. Sanger (1918) CRIME AND CRIMINAL JUSTICE Crime and Punishment Cesare Beccaria, On Crimes and Punishments (1764) Charles Loring Brace, "The Causes of Crime" (1880) Note: The Police and the Prison The Excuse of Crime State v. Felter (1868) Note: Insanity Tests Bill Bell v. The State (1885) Note: The South and Self-Defense Henry Shorter v. The People (1848) Late-Nineteenth-Century Crime and Morality People v. Plath (1885) The Federal Government, Crime, and Morality Ex parte Jackson (1877) Note: Morality and Free Speech Chapter 6: Lawyers and the Rise of the Regulatory State 1850-1920 THE LAWYER IN AMERICAN SOCIETY Alexis de Tocqueville on Lawyers and Judges (1835) LEGAL EDUCATION Christopher C. Langdell, A Selection of Cases on the Law of Contracts (1871) Note: Critics of Langdellian Assumptions LEGAL THEORY IN THE LATE NINETEENTH CENTURY Thomas M. Cooley, A Treatise on the Constitutional Limitations which Rest upon the Legislative Power of the States of the American Union (1868) Note: Social Tension in the 1890s Christopher G. Tiedemann, A Treatise on the Limitations of Police Power in the United States (1886) Oliver Wendell Holmes, Jr., The Common Law (1881) Oliver Wendell Holmes, Jr., "The Path of the Law" (1897) THE GROWTH OF ECONOMIC REGULATION Property Rights and Police Power David J. Brewer, "Protection to Private Property from Public Attack" (1891) STATE REGULATION AND THE PUBLIC INTEREST States and Labor Law New Jersey Child Labor Act (1851) Illinois Criminal Syndicalism Act (1887) New York Workers' Compensation Act (1910) Workers' Compensation and the Question of Causation Ives v. South Buffalo Railway Co. (1911) Eminent Domain Colorado Constitution (1876) Note: The Evolution of Takings Jurisprudence FEDERAL REGULATION AND THE PUBLIC INTEREST The Interstate Commerce Commission Interstate Commerce Act (1887) Note: Judicial Reaction to the Interstate Commerce Commission Trust-Busting: The Statutory Basis Sherman Anti-Trust Act (1890) Federal Commerce Power United States v. E. C. Knight & Co. (1895) Note: Anti-Trust Law in the Progressive Era Populist Platform Adopted at St. Louis (1892) Taxation of Income Joseph H. Choate, Arguments for Appellant in the Income Tax Cases (Pollock v. Farmers' Loan and Trust Co.) (1895) JUDICIAL REACTION TO THE REGULATORY STATE The Origins of Substantive Due Process Wynehamer v. The People (1856) Bond Repudiation and Judicial Review The Bradley Dissent in Slaughterhouse The Slaughterhouse Cases (1873) Reaffirmation of the Police Power Munn v. Illinois (1877) Note: Federal Judicial Review of State Rate Regulations Substantive Due Process in the State Courts In re Jacobs (1885) Note: Substantive Due Process and Corporations Note: The Labor Injunction Federal Police Power and Labor In re Debs (1895) Note: Labor and the Law Liberty of Contract Allgeyer v. Louisiana (1897) Liberty of Contract and Workplace Regulation Holden v. Hardy (1898) Lochner v. New York (1905) Muller v. Oregon (1908) Toward a Federal Police Power Champion v. Ames (1903) Note: The Growth of Federal Police Power Note: Child Labor Chapter 7: Total War, Civil Liberties, and Civil Rights INDIVIDUAL RIGHTS IN A CHANGING CULTURE Louis D. Brandeis and Samuel D. Warren, "The Right to Privacy" (1890) WORLD WAR I AND CIVIL LIBERTIES The Suppression of Dissent During World War I Paul Murphy, World War I and the Origins of Civil Liberties in the United States (1979) Censorship, Free Speech, and Opposition to World War I Schenck v. United States (1919) Note: Debs v. United States (1919) Abrams et al. v. United States (1919) Note: The Abrams Dissent RADICALS AND CIVIL LIBERTIES Note: Civil Liberties and Fourteenth Amendment Incorporation Whitney v. California (1927) WORLD WAR II AND LEGAL DEVELOPMENTS The Flag Salute Cases West Virginia State Board of Education v. Barnette (1943) The Japanese Internment Note: Executive Order-No. 9066 Hirabayashi v. United States (1943) Korematsu v. United States (1944) Note: Ex parte Endo (1944) Note: The Internment Cases a Generation Later CIVIL LIBERTIES AND CRIMINAL JUSTICE IN CRISIS TIMES The Emergence of Criminal Due Process Weeks v. United States (1914) Olmstead v. United States (1928) Note: Prohibition and the Law CRIME IN THE CITIES Roscoe Pound and Felix Frankfurter, Criminal Justice in Cleveland (1922) CIVIL RIGHTS AND RACIAL JUSTICE Race and the Franchise Race and Education Missouri ex rel. Gaines v. Canada (1938) Note: Beyond Gaines Racial Justice and Criminal Law James Harmon Chadbourn, "Lynching and the Administration of Justice" (1933) Note: Lynching and Federal Law Note: Black Rights, Southern Justice, and the Supreme Court Chapter 8: The Rise of Legal Liberalism, Economic Reform, and the New Deal 1900-1945 SOCIOLOGICAL JURISPRUDENCE, THE AMERICAN LAW INSTITUTE, AND LEGAL REALISM Oliver Wendell Holmes, Jr., "Law and the Court" (1913) Note: Oliver Wendell Holmes, Jr., and Judging Louis D. Brandeis, "Brief for the Defendant in Error," Muller v. Oregon (1907) The American Law Institute Elihu Root, "Report of the Committee," American Law Institute (1923) Note: The American Law Institute and the Restatements Legal Realism Jerome Frank, Law and the Modern Mind (1936) Note: Legal Realism THE NEW DEAL AND THE RISE OF LEGAL LIBERALISM The State and Federal Legislative Response The Supreme Court and the "First" New Deal Schechter v. United States (1935) United States v. Butler (1936) FDR'S Court-Packing Plan Franklin Roosevelt, "Fireside Chat on the 'Court-Packing' Bill" (1937) Note: The Fate of FDR's Court-Packing Plan The Retreat From Economic Substantive Due Process West Coast Hotel v. Parrish (1937) Note: The Decline of Substantive Due Process and the Revolution in Commerce Clause Jurisprudence Ordered Liberty, Preferred Positions, and Selective Incorporation Palko v. Connecticut (1937) Note: Carolene Products and Preferred Positions Footnote 4: United States v. Carolene Products Co. (1938) THE LIMITS OF FEDERAL JUDICIAL POWER Note: The Fate of Erie Chapter 9: Rights, Liberty, and Science in Modern America CIVIL RIGHTS Race Brown v. Board of Education of Topeka, Kansas (1954) "Southern Declaration on Integration" (1956) Note: Race and the Constitution Martin Luther King, Jr., "Letter from Birmingham City Jail" (1963) Civil Rights Act of 1964 Affirmative Action Regents of the University of California v. Bakke (1978) Note: The Future of Affirmative Action in Education City of Richmond v. J. A. Croson Company (1989) Note: The Aftermath of Croson Gender Griswold v. Connecticut (1965) Note: The Debate in Griswold Roe v. Wade (1973) Note: The Right to Privacy After Roe Johnson v. Transportation Agency, Santa Clara County (1987) Note: Affirmative Action and Sexual Harassment Sexual Orientation Romer v. Evans (1996) Same-Sex Marriages Baker v. State (1999) Vermont Civil Union Act (2000) Defense of Marriage Act United States v. Windsor (2013) Note: After Windsor Note: Transgender Persons and the Law CIVIL LIBERTIES Freedom of Speech and Press Dennis et al. v. United States (1951) Note: Free Speech and Internal Security New York Times v. Sullivan (1964) Note: Offensive Speech Religious Freedom and Separation of Church and State Engel v. Vitale (1962) Employment Division, Department of Human Resources of Oregon v. Smith (1990) Note: Religious Freedom Restoration Act of 1993 CRIMINAL JUSTICE Miranda v. Arizona (1966) Note: The Supreme Court and Criminal Justice Note: Criminal Prosecutions and the Problem of Mass Incarceration Florida Stand Your Ground Law (2005). SCIENCE AND LAW Definition of Death In re Quinlan (1976) Note: Right to Die Surrogate Parenting In re Baby M (1988) The Challenge of DNA Science and Environmental Law TVA v. Hill (1978) Note: The Fate of Hill Note: New Frontiers in the Environment Cyberspace Intel v. Hamidi (2003) Chapter 10: Law and the Economy in Modern America REGULATORY STATE Deregulation The Staggers Act (1980) The Contours of Environmental Regulation Howard Latin, "Ideal Versus Real Regulatory Efficiency: Implementation of Uniform Standards and 'Fine-Tuning' Regulatory Reforms" (1985) Bruce A. Ackerman and Richard B. Stewart, "Reforming Environmental Law" (1985) William J. Clinton, Executive Order-No. 12866 (1993) Anti-Trust Policy ECONOMIC ACTIVITY Contract Williams v. Walker-Thomas Furniture Company (1965) Torts Greenman v. Yuba Power Products, Inc. (1962) Fassoulas v. Ramey (1984) Note: Legislative Reform of the Tort System BMW of North America, Inc. v. Gore (1996) Note: Beyond Gore Note: Tobacco Litigation Property Lionshead Lake, Inc. v. Wayne Tp. (1952) Note: Zoning Eminent Domain Kelo v. City of New London (2005) Note: Post-Kelo Developments Regulatory Takings Lucas v. South Carolina Coastal Council (1992) Residential Leases Javins v. First National Realty Corporation (1970) Humber v. Morton (1968) Note: Warranties in Sales of Homes Entitlements and "New Property" NEW FEDERALISM United States v. Lopez (1995) Note: New Directions in Commerce Clause Jurisprudence Note: New Directions in Commerce Taxing and Health Care: The Affordable Care Act Printz v. United States (1997) Note: The Response to Printz Chapter 11: Law, Politics, and Terror THE MODERN PRESIDENCY AND SEPARATION OF POWERS New York Times Company v. United States; United States v. Washington Post Company (1971) Note: The Modern Presidency United States v. Nixon (1974) Note: The Resignation of Richard Nixon THE IMPEACHMENT OF BILL CLINTON House Committee on the Judiciary, Resolutions of Impeachment Against William Jefferson Clinton, President of the United States, for High Crimes and Misdemeanors (1998) Note: The Senate Vote on President Clinton POLITICAL QUESTIONS, THE PRESIDENTIAL ELECTION OF 2000, AND THE SUPREME COURT Bush v. Gore (2000) Note: The Supreme Court and the Political Process President-Elect George W. Bush Addresses the Nation (2000) Note: Voting Rights and Campaign Finance Regulation Voting Rights Act: Shelby County v. Holder (2013) Voter I.D. Laws: Frank v. Walker (2014). Campaign Finance Rules: Citizens United v. Federal Elections Commission (2010) TERROR, LIBERTY, AND THE PRESIDENCY Note: The USA PATRIOT Act of 2001 The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, H.R. 3162, Section-by-Section Analysis The USA PATRIOT ACT: For and Against The USA PATRIOT ACT: Preserving Life and Liberty (2004) American Civil Liberties Union, "The USA PATRIOT ACT and Government Actions That Threaten Our Civil Liberties" (2004) Newt Gingrich, "The Policies of War: Refocus the Mission" (2003) Zelman v. Simmons-Harris (2002) Note: Homeland Security Act Lakhdar Boumediene v. George W. Bush, President of the United States (2008) Appendix: The Constitution of the United States Notes Sources and Credits Index of Cases
£124.19
Oxford University Press, USA Press and Speech Under Assault The Early Supreme Court Justices the Sedition Act of 1798 and the Campaign Against Dissent
Book SynopsisThe early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.Trade Review[Bird's] book provides an important corrective to misinformation or missing information about this important period in First Amendment history. * Journal of Interdisciplinary History *Table of ContentsTable of Contents PREFACE ACKNOWLEDGMENTS ABBREVIATIONS INTRODUCTION CHAPTER 1 THE RIGHT TO DISSENT, AND THE GROWTH OF FREEDOMS OF PRESS AND SPEECH IN THE EIGHTEENTH CENTURY CHAPTER 2 THE CRIME OF SEDITIOUS LIBEL, AND ENGLAND'S LIMITATION OF FREEDOMS OF PRESS AND SPEECH CHAPTER 3 THE COLLISION OF SEDITIOUS LIBEL AND FREEDOMS OF PRESS AND SPEECH IN AMERICA'S CONSTITUTIONAL PERIOD CHAPTER 4 THE INITIAL SUPREME COURT JUSTICES AND THEIR VIEWS ON FREEDOMS OF PRESS AND SPEECH CHAPTER 5 THE SUCCESSOR SUPREME COURT JUSTICES AND THEIR VIEWS ON FREEDOMS OF PRESS AND SPEECH CHAPTER 6 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE SITTING SUPREME COURT JUSTICES AND THE TRIALS CHAPTER 7 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE MISSING HALF OF THE SEDITION ACT CASES CHAPTER 8 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE REMAINING SUPREME COURT JUSTICES ON THE SEDITION ACT Chapter 9 THE FEDERALIST JUSTICES AND THE REPUBLICAN CRITICS: HISTORICAL MISCONCEPTIONS ABOUT FREEDOM INDEX
£82.80
OUP India Criminal Law
Book Synopsis
£114.00
Oxford University Press Inc The Free Speech Century
Book SynopsisThe Supreme Court''s 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for saying that ''shouting fire in a crowded theater'' is not protected by the First Amendment. The case itself upheld an espionage conviction, but it also created a much stricter standard for governmental suppression of speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of American''s leading First Amendment scholars, Geoffrey Stone and Lee Bollinger, have gathered a group of the nation''s leading legal scholars (Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, and others) to evaluate the development of free speech doctrine since Schenk and assess where it might be headed in our post-Snowden era. Since 1919, First Amendment jurisprudence in America has been a signTable of ContentsDialogue: Lee C. Bollinger & Geoffrey R. Stone Part I: The Nature of First Amendment Jurisprudence Rights Skepticism and Majority Rule at the Birth of the Modern First Amendment Vincent A. Blasi Every Possible Use of Language? Frederick Schauer Rethinking the Myth of the Modern First Amendment Laura Weinrib The Discursive Benefits of Structure: Federalism and the First Amendment Heather K. Gerken Part II: Major Critiques and Controversial Areas of First Amendment Jurisprudence Citizens United: Predictions and Reality Floyd Abrams On the Legitimate Aim of Congressional Regulation of Political Speech: An Originalist View Lawrence Lessig The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University Robert C. Post Keeping Secrets David A. Strauss The First Amendment: An Equality Reading Catharine A. MacKinnon Does the Clear and Present Danger Test Survive Cost-Benefit Analysis? Cass R. Sunstein Part III: The International Implications of the First Amendment Reflections on the Firstness of the First Amendment Albie Sachs Freedom of Expression Abroad: The State of Play Tom Ginsburg Hate Speech at Home and Abroad Sarah H. Cleveland Part IV: New Technologies and the First Amendment of the Future The Unintentional Press: How Technology Companies Fail as Publishers Emily Bell Defining the Boundaries of Free Speech on Social Media Monika Bickert Is the First Amendment Obsolete? Tim Wu Epilogue: Lee C. Bollinger & Geoffrey R. Stone
£23.40
Oxford University Press Inc The Grand Design The Evolution of the
Book SynopsisTrade ReviewWith his wide-angle historical lens, Richmond offers critical reflections on the formation and evolution of the international peace architecture. The breadth of his scholarship and the depth of his knowledge are truly impressive. * Richard Caplan, author of Measuring Peace: Principles, Practices, and Politics *In this extraordinary book, Oliver Richmond engages with the intellectual traditions of war and peace to closely trace the evolution of the contemporary, layered peace architecture. Richmond provides profound insights into the complex relationship between power and peace, and exposes counter-peace processes, agents, and frameworks that act as blockages of peace. This book offers one of the best efforts of its kind yet, tracing liberal peace's core ideas from the time of Kant's Perpetual Peace to the convulsions of the current vexed moment. * Annika Björkdahl, Professor of Political Science, Lund University *In an ambitious tour-de-force, Oliver Richmond examines the shifting meanings and practices of peace over several centuries. Written by one of the most prolific and influential scholars in the field, The Grand Design reveals how an 'international peace architecture' emerged from the complex entanglement of peace and war during key historical moments. * Roland Bleiker, Professor of International Relations, University of Queensland *In this book, Oliver Richmond once again delivers a text that sets the standard for the field. In an account that is both historically comprehensive and conceptually rigorous, The Grand Design highlights a gap in our knowledge and in so doing acknowledges the dilemmas that are inherent in the search for peace. * Ali Watson, Professor of International Relations, University of St Andrews, Scotland *In The Grand Design, Oliver Richmond succeeds at his stated goal of illuminating the international peace architecture (IPA) at the macro-level. * Samantha Marie Gamez, swisspeace; University of Basel, International Peacekeeping. *Table of ContentsIntroduction: The Age of Intervention and the Emergence of a 20th Century International Peace Architecture Part I: The Early Evolution of the International Peace Architecture Chapter I: Some Background Observations, Theory, and Concepts Chapter II: A Sketch of the International Peace Architecture Chapter III: Stages One and Two in the Development of the International Peace Architecture Chapter IV: Stage Two: The Rise of Liberal Constitutionalism and Liberal Internationalism Chapter V: Stages Three and Four and the Expansion of Rights: The Critical Challenge to Stages One and Two Part II: Derailment and Bifurcation Chapter VI: The Transition from Stage Four to Stage Five of the International Peace Architecture Chapter VII: The Derailment of the Transition to Stage Five Chapter VIII: Stage Five and Neoliberal Statebuilding Chapter IX: Stage Six: Updating Emancipatory Peace or Revisiting Geopolitics? Chapter X: Implications for Different Elements of the Contemporary Peace Architecture Conclusion: The Limits of the Old and New Possibilities
£87.01
Oxford University Press Inc Federal Ground Governing Property and Violence in
Book SynopsisFederal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation''s foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions'' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government''s effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents'' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.Trade Review...there is no denying this is a major contribution deserving a wide academic readership. * Nicolas R Parrillo, Yale Law School, American Journal of Legal History *With uncommon clarity and breadth, Federal Ground reconsiders essential questions of American statehood, federalism, and politics. Revisiting the origins of U.S. territorial practices of property, Native American policies, and 'conditional admissions' for statehood, Greg Ablavsky exposes the centrality of interior lands to the U.S. constitution's implementation. The results are a major addition to the growing historiography on the Northwest Ordinance and a new, revelatory analysis of the Southwest Territory's equally important place in U.S. history. * Ned Blackhawk, (Western Shoshone), Professor of History and American Studies, Yale University *No trifling sideshow in American political development, the federal government's shaping of the Northwest and Southwest Territories fashioned the template of America and its state for a century to come. In a masterwork of political and legal history, Greg Ablavsky forces us to rethink the meaning of space, empire, Native dispossession and the very nature of American government. * Daniel Carpenter, Allie S. Freed Professor of Government, Harvard University *Federal Ground is a stunning debut by a gifted historian. Greg Ablavsky's path-breaking study will transform the way we understand the emergence of an expansive American empire in the new nation's western borderlands. Lavishing its largesse on the perpetrators as well as the victims of frontier violence, this new American empire and its adjudicatory regime unleashed the creative and destructive energy of market society on a continental scale. * Peter Onuf, Thomas Jefferson Memorial Foundation Professor Emeritus, University of Virginia *With meticulous research, Greg Ablavsky shows how a complex tapestry of competing land claims led to both nation-building and violence on the frontiers of the American early republic. Written by one of the nation's leading legal historians of property and Native American law, Federal Ground transforms our understanding of federal authority in the territories, and in the process gives us a deeper understanding of the intractable contradictions inherent in today's political world. * Claire Priest, Simeon E. Baldwin Professor of Law, Yale Law School *A bracingly original, sophisticated, and convincing recasting of the origins of American governance. By establishing itself as the arbiter between states, Indian tribes, French habitants, veterans, and settlers west of the Appalachians in the wake of the American Revolution, the federal government remade itself. Governments, in Greg Ablavsky's telling, become what governments do. * Richard White, Margaret Byrne Professor of American History Emeritus, Stanford University *Table of ContentsIntroduction Part I: Property Chapter 1: Sources of Title in the Territories Chapter 2: The Land Company Experiment Chapter 3: The Rise of Federal Title Part II: Violence Chapter 4: Federal Sovereignty Chapter 5: Laws of War and Peace Chapter 6: Expenses of Sovereignty Part III: Statehood Chapter 7: Equal Footing Epilogue: Three Systems Acknowledgments Abbreviations
£61.77
