Legal history Books
Böhlau-Verlag GmbH Ancient Greek Law
Book Synopsis
£51.00
Harvard University Press The Chevron Doctrine
Book SynopsisWith Congress paralyzed, lawmaking falls to executive agencies and courts that interpret existing statutes. Due to the so-called Chevron doctrine, courts generally defer to agencies. Thomas Merrill examines the immense consequences of the doctrine and the intense backlash, offering a new way to conceptualize the authority of agencies and courts.Trade ReviewWise and illuminating…Merrill’s treatment of the rise of Chevron, and its various twists and turns over the decades, is keenly insightful. -- Cass R. Sunstein * New York Review of Books *Merrill’s book tracks the doctrine’s history from its curious origins through its unlikely rise and expansion in a hundred-plus Supreme Court decisions to the fairly recent ‘sudden collapse of support for the doctrine’ among legal scholars and judges. His chapters on Chevron’s tortuous trajectory are a must-read for practicing or prospective administrative lawyers. They, as well as a broader audience, will find much good sense in the author’s judicious treatment of perennial questions of lawful government. -- Michael S. Greve * Claremont Review of Books *Merrill has provided a rich account of how the Chevron doctrine came to be…A thorough and theoretically sophisticated legal analysis. -- William F. West * Congress & the Presidency *Merrill’s rich history, his weighing of the comparative advantages of judicial and agency lawmaking, and his reflections on judicial and political choices to date provide informative guideposts for future decisions. * Choice *Students of administrative law, the Constitution, Congress, or the federal courts will find much to mull about the operation and legitimacy of the U.S. administrative state. * Library Journal *Merrill’s interpretive and reform arguments in this fine work of scholarship are mature and sophisticated. This deeply considered work will enrich the ongoing debate. -- Ronald M. Levin, Washington University School of LawTom Merrill is one of the best scholars in the nation to undertake a book-length treatment of the Chevron doctrine. Thoughtful and nuanced, Merrill’s The Chevron Doctrine will be a ‘must-read’ not only for any lawyer or scholar involved in the field of administrative law, but also for any scholar interested in American legal thought of the past half century. -- John F. Duffy, University of Virginia School of LawThis book is a model of how to conduct rigorous, level-headed, and fair-minded analysis of a subject that has generated enormous legal controversy. There is no more judicious mind among American legal scholars than Thomas Merrill’s. -- Nicholas Parrillo, Yale Law SchoolTom Merrill is one of the brightest and best scholars of administrative law, and in particular of the Chevron doctrine, in his generation. This book sheds new light on the most controversial subjects in the law of the separation of powers and in administrative law. It is must-reading for any citizen who has an interest in the constitutionality of the administrative state. -- Steven G. Calabresi, Northwestern University Pritzker School of Law
£27.86
McGill-Queen's University Press Lord Mansfield
Book SynopsisThe life and times of the great eighteenth-century judge and statesman, whose legacy continues to influence Anglo-American law and society.Trade Review"[An] engaging biography ... Poser offers us a fascinating portrait." Wall Street Journal "With meticulous research in sources including the Mansfield archives in Scotland, Poser has produced a brilliantly readable history. Essential." Choice "A remarkable portrait of both a man and a legal age. I enjoyed the book tremendously, learned so much, and am deeply grateful. A master work." Kent Syverud, Washington University School of Law
£25.19
University of Toronto Press Law Debt and Merchant Power
Book SynopsisIn the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18th century. In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir’s lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and Merchant Power demonstrates how important the law was for people in their business affairs and how they shaped it for their own ends. Trade Review'At the higher methodological level, the work both fascinates and provokes... Muir's book is an interesting, original, and important work, part of the new wave of regional scholarship that integrates greater Nova Scotia into the history of the eighteenth-century British Atlantic.' -- Barry Cahill Acadiensis February 2017Table of ContentsChapter 1: Introduction Chapter 2: Halifax, a community of litigants Chapter 3: Initiating Actions Chapter 4: Avoiding Trial Chapter 5: Going to Trial Chapter 6: Ending the Action Chapter 7: Appeals and Other Courts Chapter 8: Conclusion Appendix 1: Sources and Methods Appendix 2: Interpreting Occupational and Status Data Bibliography
£49.50
Fordham University Press Life in the Cracks
£102.98
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.
£35.96
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 Inc The Arizona State Constitution Oxford Commentaries on the State Constitutions of the United States
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£185.25
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.
£41.80
Taylor & Francis Ltd Studies in the History of Medieval Canon Law 325 Variorum Collected Studies
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£56.04
Taylor & Francis Ltd Canon Law the Expansion of Europe and World Order 612 Variorum Collected Studies
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£33.99
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
£38.47
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
£149.62
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
£23.52
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.’
£8.21
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.
£19.99
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
Cambridge University Press High Crimes and Misdemeanors
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£28.49
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
£34.99
HarperCollins Publishers Inc Servants of the Damned
Book Synopsis
£25.88
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
£46.80
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.
£23.74
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
The University of Chicago Press The Hollow Hope Can Courts Bring About Social
Book SynopsisTrade Review"The third edition is a major revision, updating, revising, and expanding the material on civil rights, abortion, women’s rights, and marriage equality. In particular, it analyzes the resegregation of public schools, showing how the conditions necessary for courts to produce progressive change waned, limiting judicial efficacy." * Law & Courts Newsletter *Table of ContentsList of Tables and Figures Preface to the Third Edition Preface to the Second Edition Preface to the First Edition Introduction 1: The Dynamic and the Constrained Court Part 1: Civil Rights 2: Bound for Glory? Brown and the Civil Rights Revolution 3: Constraints, Conditions, and the Courts 4: Planting the Seeds of Progress? 5: The Current of History Part 2: Abortion and Women’s Rights 6: Transforming Women’s Lives? The Courts and Abortion 7: Liberating Women? The Courts and Women’s Rights 8: The Court as Catalyst? 9: The Tide of History Part 3: Marriage Equality 10: You’ve Got That Loving Feeling? The Litigation Campaign for Marriage Equality 11: What a Long, Strange Trip It’s Been: Mobilization, Countermobilization, and State Action 12: The Times They Are a-Changing 13: Conclusion: The Fly-Paper Court Epilogue Appendixes 1. Black Children in Elementary and Secondary School with Whites, State-by-State Breakdown, 1954–1972 2. Blacks at Predominantly White Public Colleges and Universities: State-by-State Breakdown 3. Black Voter Registration in the Southern States, Pre– and Post–Voting Rights Act, State-by-State Breakdown 4. Data Correction for Table 2.5 5. Laws and Actions Designed to Preserve Segregation 6. Method for Obtaining Information for Table 4.1 and Figure 4.1 7. Illegal Abortions 8. Method for Obtaining Information for Tables 8.1a, 8.1b, 8.2a, and 8.2b, and for Figures 8.1 and 8.2 9. Make Change, Not Lawsuits 10. Coding Rules and Method for Obtaining Information for Tables 12.2, 12.3, 12.4, 12.5, and 12.6 Case References References Index
£26.60
Harvard University Press The August Trials
Book SynopsisAndrew Kornbluth offers the first account of the August Trials, Poland’s halting judicial reckoning with wartime collaboration. As evidence of popular participation in the Holocaust mounted, the government, judiciary, and citizenry turned the trials into a vehicle for salvaging a heroic vision of the past.Trade ReviewKornbluth’s forensic examination of August trials documents, only recently made available for scrutiny, confirms that the Jedwabne pogrom was not an isolated event…As a result of actions taken by Germans and Poles during this period, 90 per cent of Poland’s 3.5 million Jewish population was exterminated. Kornbluth’s detailing of cases makes difficult reading. -- Mark Glanville * Jewish Chronicle *Pioneering…Kornbluth examines the decree, its consequences and iterations, and its functioning in the complex realities of postwar Poland—both then and, by implication, today. Then, as now, the government largely sought to underscore crimes against Poles and to minimize crimes against Jews…Kornbluth shows brilliantly how, when those actually found guilty and sentenced for crimes against Jews challenged the verdicts, the description of facts would be totally changed between the original trial and the appeals trial, exonerating the perpetrators and strengthening the legend of Polish innocence. -- Konstanty Gebert * Moment *This is an excellent study and an important contribution to the ongoing discussion about collaboration, retribution, and justice in postwar Poland…A must read for anyone interested in the long-term consequences of crimes committed on the ‘margins of the Holocaust.’ -- Anna Cichopek-Gajraj * Antisemitism Studies *Excellent…Complicating the dominant Polish myth of heroic resistance, The August Trials provides a rich, sobering account of how Poles perpetrated and then evaded responsibility for many heinous Holocaust crimes. -- Catherine Epstein * Canadian Journal of History *The narratives Kornbluth has pieced together from interrogation and trial transcripts are extraordinary, telling stories that prompt anger, outrage, and reflection. This impressive work is unprecedented in providing an understanding of Poland’s legal reckoning with World War II. The results bear comparison with and lessons for ongoing attempts to master violent pasts around the world. -- Samuel Moyn, author of The Last Utopia: Human Rights in HistoryA brilliant and courageous book. The story Kornbluth exposes is deeply tragic, for it shows that in World War II Poland heroic resistance to the Nazis was accompanied by the treacherous collaboration of those who betrayed Jewish fellow citizens. After the war, despite thousands of trials of collaborators, Polish Communists asserted the wartime innocence of all Poles, cobbling together a usable past that exonerated their compatriots. History is a heavy burden in this tale, but facing it boldly is the most important first step in lifting that burden. -- Ronald Grigor Suny, author of Stalin: Passage to RevolutionA pathbreaking, vital, and engaging work. Kornbluth’s engrossing account of the possibilities and impossibilities of justice in postwar Poland allows us to see into the dynamics of Holocaust violence and memory in revealing new ways. -- James Loeffler, author of Rooted Cosmopolitans: Jews and Human Rights in the Twentieth CenturyHow did Poland’s Communists gain traction in the most anti-Communist society in Europe? In this landmark study, Kornbluth gives an unsettling answer: it was by fostering the corrosive myth that Poland was the one society in occupied Europe to avoid complicity with the Nazis. He revises not only our view of Communist Poland, but of the history of the Holocaust in Poland. -- John Connelly, author of From Enemy to Brother: The Revolution in Catholic Teaching on the Jews, 1933–1965Kornbluth’s superbly readable book takes as its focus a largely neglected aspect of the legal response to the Holocaust: the postwar Polish trials of Poles who committed crimes against their Jewish compatriots. This sensitive, groundbreaking study offers an important and sophisticated meditation on the limits of justice and the lure of myth-making when it comes to a nation’s reckoning with a history of collective crimes. -- Lawrence Douglas, author of The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial
£33.96
Little, Brown Book Group The Ludicrous Laws of Old London
Book SynopsisLondon abounds with all manner of ludicrous laws, and not all of these curious statutes have been relegated to the past. Despite the efforts of the Law Commission there are medieval laws that are still in force, and the City of London and its livery companies have their own legal oddities. Laws are made in the capital because parliament is here; so are the Old Bailey, the Law Courts, the House of Lords and, now, the Supreme Court. The privy council, which sometimes has to decide cases, also sits in London, and there were other courts that used to sit in London, from prize courts concerning war booty to ecclesiastical courts. Having maintained its ''ancient rights and freedoms'' under Magna Carta, the City felt free to enact its own laws, many of which seem to have had to do with what people could wear. Until quite recently, for example, a man could be arrested for walking down the street wearing a wig, a robe and silk stockings - unless he was a judge. And
£9.49
Edinburgh University Press Viking Law and Order
Book SynopsisUsing archaeological evidence, written sources and place-names, this book provides a comprehensive analysis of the Viking legal system and assembly sites, showing that this formed an integral part of Norse culture and identity, to the extent that the assembly institution was brought to all Norse settlements.
£26.09
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.
£16.16
OUP India Trouble at the Mill
Book SynopsisIn 1881 The Factory Act was passed producing the first official definition of 'factories' in modern Indian history, as workplaces using steam power and regularly employing over 100 workers. In 1891, the Factory Act was amended: factories were redefined as workplaces employing over 50 workers and women mill-workers were brought within its ambit.Table of ContentsAcknowledgements Introduction PART I THE BIRTH OF FACTORY REGULATION 1. Imperial Entanglements 2. The Emergence of Factory Law: Bombay, 1874-81 PART II THE LIFE OF A LAW 3. The Work of Law: Factory Inspection in Bombay, 1881-7 4. Law, Age, and the Factory Child PART III FACTORY LAW AND INDUSTRIAL POLITICS 5. The Antinomies of Industrial Relations, 1884-95 6. Snapping the Tie: Chronicles of the Plague Years, 1896-8 Conclusion Select Bibliography Index About the Author
£19.00
Cambridge University Press Industrial Violence and the Legal Origins of Child Labor
a huge range and FREE tracked UK delivery on ALL orders.
£65.86
Cambridge University Press Collected Papers on English Legal History 3 Volume Set
Book SynopsisOver the last forty years, Sir John Baker has written on most aspects of English legal history, and this collection of his writings includes many papers that have been widely cited. Providing points of reference and foundations for further research, the papers cover the legal profession, the inns of court and chancery, legal education, legal institutions, legal literature, legal antiquities, public law and individual liberty, criminal justice, private law (including contract, tort and restitution) and legal history in general. An introduction traces the development of some of the research represented by the papers, and cross-references and new endnotes have been added. A full bibliography of the author's works is also included.
£350.55
Cambridge University Press Political Trials in Theory and History
Book SynopsisFrom the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and wTrade Review'This is a remarkable book. Meierhenrich and Pendas have assembled a wonderful and coherent collection. They offer a new understanding of political trials, one which illuminates both the juridical dimensions of political life and the way political meanings shape courts and trials. Broad in its historical and cultural sweep, impressive in its scholarship, uniformly persuasive, Political Trials in Theory and History will quickly become a must-read among students of law and politics.' Austin Sarat, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College, Massachusetts'All trials are political. Sometimes we see it, sometimes we don't. This collection is a marvelous exploration of that often forgotten fact, demonstrating to us the need to be able to appraise the uses of the criminal law and legal process for many kinds of political ends, some of which we have reason to agree with, while others can only appear as highly dubious. This is an intelligent and timely intervention in a field too often shrouded in technicalities.' Martti Koskenniemi, University of Helsinki and Director of the Erik Castrén Institute of International Law and Human Rights'Criminal trials are fascinating, as Hollywood learned long ago. Political trials are even better: the stakes are higher; the participants loom larger. These fourteen case studies of major trials, organized in accordance with a framework that the editors provide, are genuinely illuminating and wonderfully engaging.' Michael Walzer, Professor Emeritus, Institute for Advanced Study, Princeton University, New Jersey'Political trials in theory and history shows that, in too many trials, it is very difficult to separate the administration of justice from explicit or, more often, implicit political goals. The book makes two key contributions to the understanding of political trials. The first comes from a rather dense, though well-articulated, introductory chapter from the editors. The second is a list of inspiring case-studies devoted to 14 trials held across 25 centuries, from Socrates to Guantánamo Bay.' Daniele Archibugi, International AffairsTable of Contents1. Political trials in theory and history Jens Meierhenrich and Devin O. Pendas; 2. The trial of Socrates as a political trial: explaining 399 BCE Josiah Ober; 3. The trial and crucifixion of Jesus: a formal model Ron E. Hassner and Kenneth Sexauer; 4. Jan Hus in the medieval ecclesiastical courts Thomas A. Fudge; 5. The French Revolutionary trials Laurence Winnie; 6. The Soviet Union, the Nuremberg Trials, and the politics of the postwar moment Francine Hirsch; 7. 'Brown v. Board of Education': private civil litigation as a political trial Mark Tushnet; 8. The Eichmann trial in law and memory Devin O. Pendas; 9. In the theater of the rule of law: performing the Rivonia trial in South Africa, 1963–4 Jens Meierhenrich and Catherine M. Cole; 10. China's Gang of Four trial: the law v. the laws of history Alexander C. Cook; 11. Anger, honor, and truth: the political prosecution of Neopolitan organized crime Marco Jacquemet; 12. 'This following orders thing is very relative': ascriptions and performances of responsibility in the Causa ESMA, 1983–7 Christiane Wilke; 13. The Microsoft case as a political trial William H. Page and John E. Lopatka; 14. The trials of Khodorkovsky in Russia Richard Sakwa; 15. Nashiri in Gitmo: the wages of legitimacy in trials before the Guantanamo Military Commissions Lawrence Douglas.
£99.75
Cambridge University Press Martial Law and English Laws c.1500c.1700
Book SynopsisJohn M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King''s laws. Further, it was a vital component of both England''s domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.Trade Review'[Collins] offers a comprehensive history of a law that has been 'hiding in plain sight', neglected, or misunderstood by generations of lawyers and historians influenced by martial law's subsequent history. The result is a rich and important study that has implications for the wider histories of empire, governance, and the nature of legal change.' Tim Stretton, Journal of Modern History'The book is well written and follows a logical structure. … achieves much in its wider aims of helping readers make sense of the many forms martial law took in the Anglophone world over this long and complicated period.' Andrew Hopper, The English Historical ReviewTable of ContentsIntroduction; Prologue; Part I. A Jurisprudence of Terror: 1. Making martial law; 2. Making summary martial law; 3. Transforming martial law; Part II. Martial Law and English Parliaments: 4. Bound by wartime: martial law and the petition of right; 5. Unbound by parliament: martial law and the Wars of the Three Kingdoms; 6. Bound and unbound: martial law in the Restoration empire; 7. The rise of martial law; Conclusion; Manuscript bibliography; Index.
£85.50
Cambridge University Press Criminal Law in Liberal and Fascist Italy
Book SynopsisBy extending the chronological parameters of existing scholarship, and by focusing on legal experts'' overriding and enduring concern with ''dangerous'' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (18611922) to the Fascist era (192243). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom''s penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penaTrade Review'Professor Garfinkel's book is one of those rare works of original scholarship that succeeds in covering both the Liberal and Fascist eras in Italian history at the national level. By concentrating on common crime rather than political crimes, he has developed an extremely original thesis that challenges the established interpretations of jurisprudence in the nineteenth and twentieth centuries.' Anthony Cardoza, Loyola University, Chicago'Paul Garfinkel's vivid account of the development of Italian criminal justice from the perspective of prominent criminal law practitioners relies on a stunning array of sources to craft a convincing argument. An insightful contribution to the study of European law and society, the book offers an important counterpoint to prevailing historiography.' Maura Hametz, Old Dominion University, Virginia'Eloquently written, and with a welcome focus on the treatment of ordinary rather than political crime, Garfinkel's ground-breaking book persuasively challenges scholarly understandings of the ideas and debates inspiring penal reform in Liberal Italy and the first decade of Mussolini's fascist regime.' Jonathan Dunnage, Swansea University'This elegantly written and widely researched study of criminal law in liberal and fascist Italy challenges the widely accepted view that Italy's 1930 criminal law code was fascist, positivist and anti-liberal in inspiration. Engaging with the wider debates on the relationship between liberalism and fascism, Paul Garfinkel's conclusions will attract the attention of scholars in many different fields.' John Davis, University of ConnecticutTable of Contents1. Body count; 2. Civilized violence; 3. Force of habit; 4. Tomorrow's criminals; 5. Grapes and wrath; 6. Coup, casualty and catalyst: the Ferri Code, 1919–25; 7. Fascism's legal Risorgimento, 1925–31; Conclusion.
£84.55
Cambridge University Press Heavy Laden
Book SynopsisDrawing on archival materials, the authors highlight the diversity and severity of psychological distress among white and African-American veterans of the Union army. Their findings concerning the recognition of veterans' post-traumatic stress disorders, treatment programs, and suicide rates will inform current studies on how to effectively cope with this enduring disability in former soldiers.Trade Review'The hidden injuries of war are by no means an invention of the last hundred years. Veterans of the American Civil War carried the often silent and unacknowledged traces of combat with them, in body and soul, for the rest of their lives. Logue and Blanck merit our gratitude for having brought the American soldiers of 1861–65, Northerners and Southerners, black and white, into the growing body of literature on the war-related mortality and morbidity of soldiers who return from war.' Jay Winter, author of War beyond Words: Languages of Remembrance from the Great War to the Present and editor of The Cambridge History of the First World War'Suicide amongst veterans is an enigma. It is shocking, deeply disturbing, and tragic in nature, with the potential of damning the impact of war. But, it is subject to extremes: it can either defy analysis due to underreporting and the elusive nature of assigning causation, or it can slip into a melodramatic tirade against war. Logue and Blanck recognize the subtleties of the subject, and deliver a nuanced consideration of the plight of Civil War veterans, centering on the topic of suicide. A must-read for those concerned about the impact of this or any war.' Eric T. Dean, Jr, author of Shook over Hell: Post-Traumatic Stress, Vietnam, and the Civil War'Logue and Blanck offer groundbreaking analyses and insights of how veterans across the spectrum of humanity perceived and coped with warfare's consequences. Logue and Blanck brilliantly open up new historical vistas, reminding me of the promise by which I closed The Center Cannot Hold: 'the humanity we all share is more important than the mental illness we may not'.' Elyn Saks, author of The Center Cannot Hold: My Journey through Madness, from the foreword'An important read for students of veterans affairs.' The NYMAS Review'… [the authors'] expansive source base, illuminating demographic comparisons, and nuanced portrait of the distinctive burden that Civil War soldiers had to bear are impressive.' Kathryn Shively Meier, The Journal of Interdisciplinary History'This genuinely interdisciplinary work offers the exciting potential opportunity for further research into veteran communities which integrates History, Law, Disability Studies, Medicine, and Policy.' Michael Robinson, War in HistoryTable of ContentsIntroduction; 1. What is a Union veteran?; 2. Changed men; 3. When war came; 4. Perilous years; 5. Aftershocks; 6. Trials of black veterans; 7. Heavy laden; Conclusion.
£95.00
Cambridge University Press Community Paralegals and the Pursuit of Justice
Book SynopsisThe United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists. Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access.Trade Review'In the 2030 Sustainable Development Goals, world governments made a historic commitment to achieve 'access to justice for all'. This book is a must-read for anyone who, like me, believes in the urgency and vitality of that goal, and anyone who wants to understand how we go about achieving it. If 'access to justice' is an abstraction to you, it won't be once you read the stories in these pages of paralegals and clients seeking justice. Those stories are unforgettable. They hold lessons for all of us.' Mary Robinson, former President of Ireland and former High Commissioner for Human Rights'This book brings law to life in a thoroughly original way. It charts, with great empirical care, analytical acuity and historical sensitivity, the obstacles that lie in the path of making justice accessible to marginalized groups. It then addresses the question: to what extent can paralegals mitigate these obstacles? Through wonderful case studies of the incredibly innovative paralegal movement, it throws light on the toughest questions of our time: how can law become a site for an inclusionary imagination. Anyone interested in the future of law and justice will have to reckon with this book.' Pratap Bhanu Mehta, Vice-Chancellor, Ashoka University, India'This is a powerful guide to understanding one of the most promising emerging fields in the world today. Community paralegals are heroes on a daily basis. Each individual story is inspiring, and the global potential of this profession to change countless lives is thrilling.' Ricken Patel, Founder and CEO, Avaaz'Methodologically rigorous and deeply humane, this groundbreaking and hopeful book transports the reader to the frontlines of global community paralegal efforts to squeeze justice out of the most unlikely places. We bear witness to their successes as they champion the rights of individuals and communities against abuses of power by state actors, private corporations and dysfunctional justice systems. And through clear-eyed analysis of the challenges that community paralegals face, the book makes a convincing argument that only with sustainable financial resources, political will, and dedication to the cultivation of strong cadres of well-trained and supported grassroots advocates, can justice be a lived and long-lasting reality in the lives of the global masses.' Chi Adanna Mgbako, Director of the Leitner International Human Rights Clinic, Fordham University, New York'For many people in the United States and worldwide, the law is a ruse for oppression. Frontline legal advocates can help people turn law into the guarantor of equality it is supposed to be. This book shows us how.' Bryan Stevenson, Founder of Equal Justice Initiative and Macarthur Fellow'This book consists of detailed and impressive studies of a worldwide program that might well constitute a revolution in the making: relying on ordinary citizens to use the power and majesty of the law to protect their rights.' Owen Fiss, Sterling Professor, Yale University, Connecticut'This compelling volume not only demonstrates the significance of 'barefoot lawyering' in nations struggling for democracy. It contains important insights for the world wide effort to preserve and extend fundamental freedoms in the twenty- first century.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut'Community Paralegals and the Pursuit of Justice is a work of prodigious scholarship that represents a significant contribution to the development, human rights, and rule of law fields. Vivek Maru, Varun Gauri and contributing authors have evaluated paralegal organizations in six countries with scrupulous care and have drawn well-supported lessons for improving and expanding the model globally. Community Paralegals and the Pursuit of Justice provides welcome evidence that investment in paralegal organizations can not only pay significant dividends for the poor, but can improve the accessibility, capacity, and accountability of justice systems themselves.' Gary Haugen, Founder and CEO, International Justice Mission'… Community Paralegals and the Pursuit of Justice undoubtedly offers important insights into the dynamics influencing the work of paralegals; it is recommended for everyone concerned with the full realization of access to justice for all.' Erica Leni, Human Rights ReviewTable of Contents1. Paralegal in comparative perspective – what have we learned across these six countries? Vivek Maru and Varun Gauri; 2. 'To whom do the people take their issues?' The contribution of community-based paralegals to access to justice in South Africa Jackie Dugard and Katherine Drage; 3. Community-based paralegalism in the Philippines: from social movements to democratization Jennifer Franco, Hector Soliman and Maria Roda Cisnero; 4. Paralegalism in Indonesia: balancing relationships in the shadow of the law Ward Berenschot and Taufik Rinaldi; 5. Kenya's community-based paralegals: a tradition of grassroots legal activism Abigail Moy; 6. Squeezing justice out of a broken system: community paralegals in Sierra Leone Vivek Maru, Lyttelton Braima and Gibrill Jalloh; 7. The contributions of community-based paralegals in delivering access to justice in postwar Liberia Peter Chapman and Chelsea Payne.
£95.00
Cambridge University Press International Negotiation
Book SynopsisEvangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of ''objectivity'' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a ''subjective'' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.Trade Review'Raftopoulos challenges scholars of international relations and international law to think of the treaty process as an integrated set of interim, subjective practices. He promotes a relational theory that treats the links between negotiations and treaties as an ongoing process of promoting global welfare. His approach goes well beyond conventional strategic power based theories of international relations and static positive theories by international lawyers about the nature of multilateralism itself.' Peter M. Haas, University of Massachusetts, Amherst'When I was involved in negotiations for drafting treaties, I often had the feeling that the negotiators, rather than putting forward particular positions, were called to define an international common interest and to envisage a regime subject to future governance and re-negotiation. This book goes beyond feelings and subjects the process of building international common interests to a rigorous analysis within a solid theoretical approach.' Tullio Scovazzi, University of Milano-Bicocca, MilanProfessor Evangelos Raftopoulos presents a new and welcome perspective on the international negotiation process. Without doubt this in-depth and thought-provoking study of international negotiations of legal instruments will generate much discussion as he takes the reader through the matrix of the international negotiation process through both an intellectual and pragmatic lens. Professor Raftopoulos demonstrates his extensive knowledge of the complexities and intricacies of international negotiations in this masterfully written book.' Nilufer Oral, Istanbul Bilgi University and Member of the UN International Law Commission'Negotiations are traditionally perceived as belonging to the realm policy; the frequent end result of it, treaties, as belonging to the realm of law. This interesting and innovative study by a leading Greek international law scholar brings both strands together in the analysis as to how they contribute to the crystallization of international common interest.' Robert Kolb, University of Geneva'As a colleague of Professor Evangelos Raftopoulos, I would like to express my satisfaction that Cambridge University Press is publishing his book entitled International Negotiation: A Process of Relational Governance to International Common Interest. Although it is not evident from the title of this forthcoming book and the one that I received from Professor Raftopoulos many years ago, there are many problems and principles of public international law that form the basis of the content of both books. The title of the former book of Professor Raftopoulos that I mentioned is The Inadequacy of the Contractual Analogy in the Law of Treaties published in 1990. I congratulate Professor Raftopoulos for adding the interesting new book of the Greek Professor to the fundamental literature of international law.' Budislav Vukas, University of Zagreb'The South China Sea arbitration … is so far the first attempt by a claimant State in the South China Sea to resort the dispute to a third party forum … (and) it does not make a desired contribution to resolving the real dispute … Nevertheless, it does motivate China and ASEAN to speed up the negotiation on the consultation of the Code of Conduct. Raftopoulos' book, viewing international negotiation as a process of relational governance based on the analytical framework of international common interest, will shed light on countries who are in favor of preference for negotiation in managing international disputes. The book generates much discussion on the matrix of the international negotiation process through both an intellectual and pragmatic lens, and should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone interested in the interdisciplinary study of international law and international relations.' Dr Nong Hong, Ocean YearbookTable of ContentsPart I. Theoretical Approaches to International Negotiations and International Common Interest; Section 1. The 'Theorization' of International Negotiation; Part II. The Negotiation Phases in the Conventional Construction of International Common Interest; Section 3. The Pre-Negotiation Phase as a Process of Transformative Governance.
£95.00
Cambridge University Press Women and Justice for the Poor
Book SynopsisThis book re-examines fundamental assumptions about the American legal profession and the boundaries between ''professional'' lawyers, ''lay'' lawyers, and social workers. Putting legal history and women''s history in dialogue, it demonstrates that nineteenth-century women''s organizations first offered legal aid to the poor and that middle-class women functioning as lay lawyers, provided such assistance. Felice Batlan illustrates that by the early twentieth century, male lawyers founded their own legal aid societies. These new legal aid lawyers created an imagined history of legal aid and a blueprint for its future in which women played no role and their accomplishments were intentionally omitted. In response, women social workers offered harsh criticisms of legal aid leaders and developed a more robust social work model of legal aid. These different models produced conflicting understandings of expertise, professionalism, the rule of law, and ultimately, the meaning of justice for thTrade Review'Women and Justice for the Poor is an exciting and timely intervention into work on lawyering in the United States. Batlan establishes the deep relevance of ideas about gender and race to the history of law and legal practice through ambitious research, provocative analysis, and engaging narrative.' Martha S. Jones, Arthur F. Thurnau Professor, University of Michigan'By tracking legal aid through the winding corridors of urban social institutions, Batlan gives us evocative insights into gender, reform, capitalism, and lawyering in a cogent and fascinating historical account. Her erosion of lay and professional boundaries, demonstrated by women's contribution to legal aid and the pragmatic relief they provided to underprivileged clients, illuminates the value of using gender to frame the story.' Norma Basch, Professor Emeritus, Rutgers University'In a remarkably original social/legal history, Batlan is asking readers to rethink what lawyering has meant and could mean. And when you ask 'outside the box' questions, you come up with surprising answers. This book can help us understand why law today can be far from justice.' Linda Gordon, Florence Kelley Professor of History, New York University'Women and Justice for the Poor presents research that is definitely worth reading. Batlan succeeds in exploiting science history to show convincingly how women played a significant role in legal aid history.' Marianne Vasara-Aaltonen, KirjallisuuttaTable of ContentsIntroduction; Part I. A Female Dominion of Legal Aid, 1863–1910: 1. The origins of legal aid; 2. The Chicago experience: the maturation of women's legal aid; Part II. The Professionalization of Legal Aid, 1890–1921: 3. Of immigrants, sailors, and servants: the Legal Aid Society of New York; 4. Reinventing legal aid; Part III. Dialogues: Lawyers and Social Workers, 1921–45: 5. Constellations of justice; 6. Compromises; Conclusion.
£25.64
Cambridge University Press The Captives Quest for Freedom
Book SynopsisThis magisterial study, ten years in the making by one of the field''s most distinguished historians, will be the first to explore the impact fugitive slaves had on the politics of the critical decade leading up to the Civil War. Through the close reading of diverse sources ranging from government documents to personal accounts, Richard J. M. Blackett traces the decisions of slaves to escape, the actions of those who assisted them, the many ways black communities responded to the capture of fugitive slaves, and how local laws either buttressed or undermined enforcement of the federal law. Every effort to enforce the law in northern communities produced levels of subversion that generated national debate so much so that, on the eve of secession, many in the South, looking back on the decade, could argue that the law had been effectively subverted by those individuals and states who assisted fleeing slaves.Trade Review'Ranging from the halls of Congress to slave and free black communities and from Missouri to New England, Richard J. M. Blackett has produced the most comprehensive account of the workings of the Fugitive Slave Act of 1850 and opposition to it. The individual stories are compelling, the research impressive, and the insights about the variety of forms of resistance make this a major contribution to our understanding of the road to civil war.' Eric Foner, Columbia University, New York and author of The Fiery Trial: Abraham Lincoln and American SlaveryI don't use the word 'magisterial' lightly, but it is exactly the right description for Richard J. M. Blackett's The Captive's Quest for Freedom: Fugitive Slaves, the 1850 Fugitive Slave Law, and the Politics of Slavery. There is no better, deeper, or more comprehensive discussion of the struggle of fugitive slaves in the antebellum era.' Steven Lubet, author of Fugitive Justice: Runaways, Rescuers, and Slavery on Trial and The 'Colored Hero' of Harper's Ferry: John Anthony Copeland and the War against Slavery'The Captive's Quest for Freedom is the most important, thorough, and revealing study ever written of fugitive slaves in American history. The book is timely; it demonstrates in depth the nature and meaning of America's first great refugee crisis and the explosive politics that followed in its wake. May the whole of our reading public finally understand the significance of the Fugitive Slave Act in 'our history and our heritage'. It resonates still as a watch warning in our own time.' David W. Blight, Yale University and author of the forthcoming Frederick Douglass: American Prophet'Richard J. M. Blackett's epic new history of the Fugitive Slave Law is both a brilliant analysis of the politics of disunion, and a compelling argument for the centrality of African American resistance to the great national unraveling of the 1850s. At the heart of the book, though, are the human beings whose decision to escape slavery prompted slaveholders to demand the Law in the first place, and whose determination to keep risking everything even after its passage pushed the United States towards a terrible and necessary reckoning.' Nicholas Guyatt, University of Cambridge and author of Bind Us Apart: How Enlightened Americans Invented Racial Segregation'In most historical accounts, the 1850 [Fugitive Slave Law] provoked a wave of panic in free black communities across the North. Hundreds of African-Americans fled their homes for the safety of Canada. But Richard Blackett's extraordinary new book, The Captive's Quest for Freedom, tells a more complicated story. … In these chapters political history gives way to social history as Blackett skillfully reconstructs dozens of stories of slaves escaping to the North. Some of these escapes and rescues are well known, but they take on renewed salience in Blackett's account because of the wider setting he establishes. More impressive is the deep and meticulous research that has enabled him to piece together the remarkable stories of previously unknown cases.' James Oakes, The New York Review of Books'The Captive's Quest for Freedom convincingly demonstrates how a small, vocal, determined and above all persistent group of people - including those at the bottom of the social, political and economic ladder - can, given the right set of circumstances, have an impact far beyond what their numbers or status may predict.' Scott Hancock, Reviews in History'This remarkable book exemplifies the best work of a skilled, hard-working, and indefatigable historian who spent decades hunting down facts and stories, thinking them through, and weaving them into a powerful narrative.' Paul Finkelman, The Journal of American History'… [The] Captive's Quest is well worth our attention, bringing to light an enduring legacy of lawful racial exclusion and persecution and those who would flee and fight in resistance.' Kathryn Benjamin Golden, The Journal of African American HistoryTable of ContentsPart I. The Slave Power Asserts Its Rights: 1. The fugitive slave law; 2. The law does its work; 3. Compromise and colonize; Part II. Freedom's Fires Burn: 4. Missouri and Illinois; 5. Western Kentucky and Indiana; 6. Eastern Kentucky and Ohio; 7. Southeast Pennsylvania; 8. Eastern shore of Maryland and Philadelphia; 9. New York; 10. Massachusetts; Conclusion; Bibliography; Index.
£29.44
Cambridge University Press A History of Australian Tort Law 19011945
Book SynopsisLittle attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.Table of Contents1. Introduction; 2. Historiography and the history of Australian private law in the first half of the twentieth century: Et in Arcadia Ego?; 3. Avoiding and interpreting the 'refinements of English law': Defamation in Australia 1901–45; 4. Politics, politicians, the press and the law of defamation; 5. Negligence and the boundaries of liability: liability for acts of third parties; 6. Negligence and the vexing question of shock-induced harm; 7. Negligence and the boundaries of liability: government and quasi-government liability; 8. In defence of King and country; 9. Environment and Australian tort law: the problem of fire and weeds; 10. Sport and recreation: tort law and the national pastime 1901–45; 11. Conclusion.
£95.00
Cambridge University Press Great Christian Jurists in Spanish History
Book SynopsisThe Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Spanish legal culture, developed during the Spanish Golden Age, has had a significant influence on the legal norms and institutions that emerged in Europe and in Latin America. This volume examines the lives of twenty key personalities in Spanish legal history, in particular how their Christian faith was a factor in molding the evolution of law. Each chapter discusses a jurist within his or her intellectual and political context. All chapters have been written by distinguished legal scholars from Spain and around the world. This diversity of international and methodological perspectives gives the volume its unique character; it will appeal to scholars, lawyers, and students interested in the interplay between religion and law.Table of ContentsIntroduction Rafael Domingo and Javier Martínez-Torrón; 1. Isidore of Seville Philip Reynolds; 2. Raymond of Penyafort José Miguel Viejo-Ximénez; 3. Alfonso X Joseph F. O'Callaghan; 4. Francisco de Vitoria Andreas Wagner; 5. Bartolomé de Las Casas Kenneth Pennington; 6. Martín de Azpilcueta Wim Decok; 7 Domingo de Soto Benjamin Hill; 8. Fernando Vázquez de Menchaca Salvador Rus; 9. Diego de Covarrubias y Leiva Richard Helmholz; 10 Luis de Molina Kirk R. MacGregor; 11. Francisco Suárez Henrik Lagerlung; 12. Tomás Sánchez Rafael Domingo; 13. Juan Solórzano Pereira Matthew C. Mirow; 14. Gaspar Melchor de Jovellanos Jan-Henrik Witthaus; 15. Francisco Martínez Marina Aniceto Massferrer; 16. Juan Donoso Cortés Jose María Beneyto; 17. Concepción Arenal Paloma Durán y Lalaguna; 18. Manuel Alonso Martínez Carlos Petit; 19. Álvaro d'Ors Rafael Domingo; 20. Pedro Lombardía Alberto de la Hera and Javier Martínez-Torrón.
£94.04
Cambridge University Press Constitutional Transition and the Travail of Judges
Book SynopsisThis book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation''s political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation''s democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.Table of ContentsIntroduction; 1. The making of the constitution and the courts, 1945–1962; 2. Jurisprudential evolution, 1962–1972; 3. The Yusin era, 1972–1980 (1): the laws; 4. The Yusin era, 1972–1980 (2): the courts; 5. The Yusin era, 1972–1980 (3): the judges; 6. Political transitions and rule of law, 1980–1987; 7. Democracy and travails of judges, 1987 to the present; Conclusion.
£111.00
Cambridge University Press Becoming Free Becoming Black
Book SynopsisHow did Africans become ''blacks'' in the Americas? Becoming Free, Becoming Black tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders'' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.Trade Review'At a moment when 'Send Them Back' has reemerged as a nativist rallying cry, Becoming Free, Becoming Black is a brilliantly lucid guide to the deep history of how race and ethnic origin came to be potent ciphers for civic belonging. … De la Fuente and Gross show that brutality lay not merely in the imposition of slavery, but in the creation of racial regimes ranking black bodies even once freed from bondage. If enslavement is construed as an external political constraint, the project of freedom becomes focused on unshackling bodies from those confines. But if white means free and black means slave, then political status is embodied, innate and inescapable. … To this day, the legacy of free-but-not-full-citizen delimits quietly powerful hierarchies in our varying capacities to travel, vote, mix socially, run a business, hold public office, and intermarry. This indispensable book shows how knowing the past might aid us to intelligently reform our future.' Patricia J. Williams, Columnist, The Nation Magazine'In this incisive and spell-binding study, Alejandro de la Fuente and Ariela Gross meticulously investigate the archives of the 'legal regimes of slavery and race' in the culturally disparate locations of Cuba, Louisiana, and Virginia, thus exposing the differences and similarities between Spanish, French, and English approaches to manumission and interracial relationships. In addition, the authors brilliantly focus on the bottom up efforts of the enslaved to gain freedom, thus exposing how these 'unpredictable twists and turns' established the meaning of blackness in law. Not only an important legal analysis, Becoming Free, Becoming Black tells many fascinating stories of heroic efforts to attain freedom through legal regimes.' Henry Louis Gates, Jr, Alphonse Fletcher University Professor, Harvard University'Becoming Free, Becoming Black is a brilliant study of the making of race in the New World. Deeply researched, insightful, and smoothly written, this book is a major contribution to the scholarly literature on slavery and the way it shaped, and was shaped by, attitudes about people of African descent.' Annette Gordon-Reed, Charles Warren Professor of American Legal History, Harvard University, and author of The Hemingses of Monticello: An American Family'In Cuba of 1860, many persons of color who purchased their freedom lived alongside slaves; while In Louisiana and Virginia free people of color had almost disappeared, and to be black was to be enslaved. The difference was in the law and custom regulating freedom - law made by many hands, including those of slaves themselves. This book, based on meticulous archival research and brilliantly reasoned and written, is comparative legal history at its finest.' Robert W. Gordon, Stanford University'To what can we attribute the distinct racial ideologies that emerged in different slaveholding societies in the Americas? In this rich and innovative comparative study, Ariela Gross and Alejandro de la Fuente emphasize the role of the emergence of communities of free persons of African descent, and their evolution over time. Although elites in all three societies sought to attach sharp social distinctions to color, the authors find that 'the association between blackness and enslavement, whiteness and freedom, remained less strict and precise in Cuba than in Virginia and Louisiana.' As slavery itself was abolished, these prior differences laid the groundwork for divergent experiences of access to the rights of citizenship. This is a provocative and important book.' Rebecca J. Scott, Charles Gibson Distinguished University Professor of History and Professor of Law, University of Michigan'Becoming Free, Becoming Black provides crucial insights into the ways that conceptions of race and power varied across the Americas in the era when slavery was at its most widespread. It is a valuable window on the ways that the system maintained itself, and on the resistance that, although often unsuccessful, showed the persistence of the will to resist under even the most horrendous conditions.' John Foster, Souciant Magazine'… this book contributes greatly to a comparative understanding of the African diaspora and the complexities of both colonial experiences and post-emancipation societies.' G. de Laforcade, Choice'Becoming Free, Becoming Black is a beautifully written manuscript based on both archival research and extensive bibliographic discussion.' Keila Grinberg, Hispanic American Historical Review'De la Fuente and Gross have provided a useful handbook for historians of all three regions who seek to understand the law's effect on regimes of racial exploitation – and the worlds that people of color constructed through and under it.' Robert Colby, Journal of Southern History'… set to become a classic study of law in the Americas in the age of enslavement and emancipation… This comparative history sets out to change our understanding of the law by successfully taking on a formidable task - to account for the role of the law in the trajectory of racial ideologies across the two Americas.' Adriana Chira, ReVista'… Becoming Free, Becoming Black is a major work of historiographical synthesis and a rigorous work of original historical investigation.' Sue Peabody, Journal of Interdisciplinary History'Becoming Free, Becoming Black certainly stands as required reading for scholars of history of law and the social history of slavery in the Americas. The solid research in primary sources, combined with an original argument, among other qualities, make the book a reference of excellence on the historiographical debate on racism and law - both past and present.' Bruno Lima, Rechtsgeschichte - Legal HistoryTable of ContentsIntroduction; 1. 'A Negro and by consequence an alien': local regulations and the making of race, 1500s–1700s; 2. The 'inconvenience” of black freedom: manumission, 1500s–1700s; 3. 'The natural right of all mankind': claiming freedom in the age of revolution, 1760s–1830; 4. 'Rules … for their expulsion': foreclosing freedom, 1830s–1860; 5. 'Not of the same blood': policing racial boundaries, 1830s–1860; Conclusion: 'Home-born citizens: the significance of free people of color.
£76.00
Cambridge University Press Islamic Law of the Sea
Book SynopsisThe doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur''an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.Trade Review'… the book provides a comprehensive account of the Islamic legal approach to the law of the sea from a historical perspective that aptly reveals a different civilizational narrative existing beyond Eurocentric scholarship in international law. Hence, this book is likely to become classic reading on the subject of the law of the sea and international law.' Punsara Amarasinghe, Ilahiyat Studies'Over the past two decades, Hassan Khalilieh has almost single-handedly revolutionized our knowledge of the Islamic contributions to the law of the sea. In this work, he embarks on what is effectively a genealogical study that shows how the Dutch Grotius and later European jurists have largely replicated, without acknowledgement, the Islamic practices and doctrines pertaining to free navigation in response to the earlier Spanish and Portuguese violent domination of the Indian Ocean. Khalilieh's meticulous and impressive work is a must-read, not only for those who are interested in Maritime law and trade, but also for historians and analysts of the rise of modernity at large, where the allegedly new freedom of navigation, central to the modern project, was to be transformed in due course into yet another tool in the unprecedented forms of European colonialism.' Wael Hallaq, Avalon Foundation Professor in the Humanities, Columbia University'This is an extraordinarily wide-ranging account not of Islamic maritime law (on which Khalilieh has already established himself as a leading expert) but of the Islamic law of the sea, well before Grotius wrote his tract on the Free Sea; the book ranges as far east as Melaka and China and as far west as the Mediterranean - a tour de force.' David Abulafia, Emeritus Professor of Mediterranean History, University of Cambridge'This is a masterful exposition of Islamic Law of the Sea, which makes an important contribution to the discourse on the universal application of modern International Law of the Sea generally. Highly recommended.' Mashood A. Baderin, Professor of Laws, SOAS University of London'This slim but richly detailed analysis of the customary and formal Islamic law of the sea fills a major gap in the literature.' D. M. Varisco, Bibliotheca OrientalisTable of ContentsIntroduction; 1. Freedom of the seas; 2. Offshore sovereignty and the territorial sea; 3. Piracy and its legal implications; Conclusion.
£85.50
