Legal history Books

2825 products


  • Bridging Revolutions  The Lives of Chief Justices

    LUP - University of Georgia Press Bridging Revolutions The Lives of Chief Justices

    3 in stock

    Book SynopsisExamines the lives of North Carolina chief justice Richmond Pearson (1805-1878) and South Carolina chief justice John Belton O’Neall (1793-1863) and their impact on the South’s transition from a slave to a free society.

    3 in stock

    £71.92

  • No Winners Here Tonight  Race Politics and

    Ohio University Press No Winners Here Tonight Race Politics and

    Book SynopsisFew subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy.Trade Review“This book is beautifully written. Specialists who already know the broad outlines will be interested in learning the Ohio story, and for nonspecialists, the book will be an engaging introduction to the subject.”“No Winners Here Tonight is a sophisticated and critical analysis of Ohio’s death penalty system in the post-Furman era. Among the book’s many strengths is its focus on the shortcomings built into Ohio’s death penalty statute that render it unable to deliver fair and impartial justice.” * Northwest Ohio History *“I highly recommend this book to academic law libraries, especially those that support victim’s rights clinics or innocence projects. I also recommend it for prison libraries.” * Law Library Journal *“This book seeks to document that there is nothing new about the ‘capricious, uneven’ way in which the death penalty is meted out. Welsh-Huggins makes this case anecdotally, recalling case-by-case problems that have plagued and continue to plague Ohio’s death penalty system.” * Choice *“In his groundbreaking new book, No Winners Here Tonight, Associated Press reporter Andrew Welsh-Huggins examines Ohio’s death penalty from a historical perspective and concludes we’ve been asking the wrong questions. The point, Welsh-Huggins tells us, is not whether capital punishment is moral but if it’s fair…. No Winners Here Tonight (should be) required reading for death penalty opponents and supporters alike.” * The Blade *“Welsh-Huggins…crafts his thesis by combining history and law. While incorporating some “classic” sources on the death penalty—Hugu Adam Bedau, William Brennan, Thurgood Marshall, Austin Sarat—Welsh-Huggins maintains a reporter’s objectivity and pens a clear explanation as to why the current death penalty system in Ohio is unfair. This is a book about how Ohio, in many ways, is no different than the rest of the United States in regards to capital punishment: arbitrary.” * Law & Politics Book Review *“Welsh-Huggins has a journalist’s clear style and the advantage of expanding and detailing only one topic…. A recent poll suggested that seventy percent of Ohioans strongly support the death penalty. It would be interesting to frame that survey around some of the questions raised by Welsh-Huggins in his thought-provoking book.” * Columbus Bar Lawyers Quarterly *“This book is an original and important project that makes significant contribution to the field.”

    £18.89

  • Gibbons v. Ogden Law and Society in the Early

    Ohio University Press Gibbons v. Ogden Law and Society in the Early

    Book SynopsisGibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce.DecidedTrade Review“A highly original and much-needed book that puts Gibbons v. Ogden in historical context.… [A] major contribution to our understanding of a landmark case.”“The Steamboat Case of 1824 is familiar to most historians of the United States, but the background to it is not. Thomas H. Cox has rectified that.… Cox’s monograph is a superb in-depth study of the issues and personalities involved that led in several stages to the Gibbons v. Ogden decision in 1824.” * American Historical Review *“Thomas Cox’s new book…certainly acknowledges that importance (of the legal case), but it goes beyond the case itself to examine the legal, social, business, and technological milieu of the Early Republic.… Cox uses a brisk writing style in his ten short chapters, and so the book is an enjoyable read. The research is impressive, with countless manuscript collections, court cases, and newspaper accounts forming the book’s backbone.” * Business History Review *“Figures such as Robert Fulton, and chancellors Robert R. Livingston and James Kent come alive in these pages, not always in ways that flatter them. This is as it should be.…Prodigious research and meticulous detail are the strengths of this book. The resulting narrative is exhaustive and potentially definitive….” * Law & History Review *“(Gibbons v. Ogden is) a study that reflects extensive research, is rich in detail, and may in certain key respects prove definitive.” * Law & Politics Book Review *“Cox helps us understand why Gibbons is so significant for understanding the constitutional footing for such federal power (regulating interstate commerce) and the wider importance of the decision in U. S. Constitutional history. Perhaps even more importantly, Cox examines the broader historical context out of which Gibbons emerged, especially how steamboat transportation became central to debates about ‘internal improvements’ and the role of the courts in navigating conflicts over the direction of such efforts in the early republic.” * The History Teacher *“The scholarship is very deep and broad.… The tale is important enough and the treatment so well balanced that general readers of American history will find much of use in the work.”

    £18.89

  • The Dred Scott Case

    Ohio University Press The Dred Scott Case

    Book SynopsisIn 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S.Trade Review“(T)hese essays have collectively expanded the context of the case and greatly enriched our understanding of its impact, then and now.… (an) enormously thought-provoking volume.” * Civil War Book Review *“(The Dred Scott Case) conveniently brings together a striking array of important perspectives, both on the nineteenth-century story of Dred Scott itself and on its continuing significance. Scholars and undergraduates alike will find this volume rewarding.” * The Journal of Southern History *

    £23.39

  • The Jury in Lincolns America

    Ohio University Press The Jury in Lincolns America

    1 in stock

    Book SynopsisIn the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society.Trade Review“(The Jury in Lincoln’s America) provides an excellent account of the legal and social history of the region, especially in McDermott’s analysis of the records of the courts in Illinois and the historiography of the jury system.” * Journal of Illinois History *“This in-depth analysis gives us an unparalleled sense of how juries worked, what juror worked, what juror status meant for the outcome of legal cases…and what it suggests about legal, political, and social culture in this county– and by extension in the larger Midwest. It is an impressive accomplishment.” * The Annals of Iowa *“McDermott’s social history of the jury pushes past hoary glorification of the jury in Anglo-American liberty and digs up social history evidence about the kinds of constituencies that the jury actually represented.” * The Journal of American History *“McDermott’s careful study, based on extensive primary source research…sheds fresh light on the legal history of nineteenth-century America.” * Indiana Magazine of History *“The legal environment that shaped Lincoln provides the context of The Jury in Lincoln’s America, and Lincoln’s experiences with the law as an attorney, a litigant, a judge, and a juror provide a fascinating human connection to the history of law in pre-Civil War Illinois, the Midwest, and America.” * SirReadaLot.org *

    1 in stock

    £40.50

  • Ohio Canal Era  A Case Study of Government and

    Ohio University Press Ohio Canal Era A Case Study of Government and

    1 in stock

    Book SynopsisExplores how Ohiou2009—u2009as a “public enterprise state,” creating state agencies and mobilizing public resources for transport innovation and controlu2009—u2009led in the process of economic change before the Civil War.Trade Review“Ohio Canal Era is a classic that ought to be read in every generation. It’s wonderful to have it back in print.”“The classic study of canal development in the Old Northwest.” * author of Nature's Metropolis: Chicago and the Great West *“A monumental and still definitive study of law and the economy in an American state.”“This is a thoughtful, impressively well-informed, and perceptive study. It presents a careful, balanced, judicious, and non-doctrinaire analysis and discussion of the numerous elements in the economic growth and change in Ohio. It will be welcomed by all students of nineteenth-century United States history, and it ought to be required reading for economists and others who talk glibly about economic development as if it were a simple process.” * Pacific Northwest Quarterly *

    1 in stock

    £25.19

  • Congress and the Peoples Contest  The Conduct of

    Ohio University Press Congress and the Peoples Contest The Conduct of

    3 in stock

    Book SynopsisThe American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment’s notice. As a result, the young nation’s political structure and culture often struggled to keep up.

    3 in stock

    £45.00

  • Congress and the Peoples Contest  The Conduct of

    Ohio University Press Congress and the Peoples Contest The Conduct of

    2 in stock

    Book SynopsisThe American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment’s notice. As a result, the young nation’s political structure and culture often struggled to keep up.

    2 in stock

    £23.39

  • Ending the Civil War and Consequences for

    Ohio University Press Ending the Civil War and Consequences for

    2 in stock

    Book SynopsisContributors explore how the end of the Civil War continued the trauma of the conflict and also enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address, particularly when it came to the Fourteenth Amendment.

    2 in stock

    £26.59

  • Reconstructing Reconstruction

    Duke University Press Reconstructing Reconstruction

    1 in stock

    Book SynopsisExamines the post-Civil War struggle between competing political and legal interpretations of slavery and reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, this book is useful for legal historians and scholars of constitutional law, and American history.Trade Review“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” - Choice“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” - Mark A. Graber, The Law and Politics Book Review“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” - Nicholas Pedriana, American Journal of Sociology“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” - Bryan H. Wildenthal, H-Net Reviews“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” - Howard Ball, Journal of American History“An exciting theoretical examination. . . . Legal scholars will have to acknowledge the challenge Brandwein poses by treating ‘original intent’ as a social and historical construction.”—Mark Tushnet, Georgetown University Law Center“An important call for the development of a ‘sociology of constitutional law.’ Brandwein forces us to pay more attention to the ways in which the reconstruction of history (in this case, the history of Reconstruction) becomes a vital resource in contemporary constitutional politics.”—Howard Gillman, University of Southern California“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” -- Bryan H. Wildenthal * H-Net Reviews *“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” -- Howard Ball * Journal of American History *“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” -- Mark A. Graber * Law and Politics Book Review *“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” -- Nicholas Pedriana * American Journal of Sociology *“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” * Choice *Table of ContentsAcknowledgments 1. Introduction 2. Slavery as an Interpretive Issue in the 39th Reconstruction Congress: The Northern Democrats 3. Republican Slavery Criticism 4. The Supreme Court’s Official History 5. Dueling Histories: Charles Fairman and William Crosskey Reconstruct “Original Understanding” 6. Recipes for “Acceptable” History 7. History as an Institutional Resource: Warren Court Debates over Legislative Apportionment 8. Constitutional Law as a “Culture of Argument”: Toward a Sociology of Constitutional Law 9. Conclusion Notes Bibliography Index

    1 in stock

    £25.19

  • In Defense of Honor

    Duke University Press In Defense of Honor

    1 in stock

    Book SynopsisExplores the changing meanings of honour in early-20th-century Brazil, a period that saw an extraordinary proliferation of public debates that linked morality, modernity, honour, and national progress. This title reveals how everyday interpretations of honour influenced official attitudes and even the law itself as Brazil attempted to modernise.Trade Review“The author is to be applauded for asking hard questions about the ways in which sexual activity, or the lack thereof, are used to make statements about race and class.”—Jeffrey Lesser, author of Negotiating National Identity: Immigrants, Minorities, and the Struggle for Ethnicity in Brazil“This is an outstanding work both in terms of its highly original research and its very sophisticated interpretation.”—Barbara Weinstein, author of For Social Peace in Brazil: Industrialists and the Remaking of the Working Class in São Paulo, 1920–1964

    1 in stock

    £25.19

  • Only One Place of Redress

    Duke University Press Only One Place of Redress

    1 in stock

    Book SynopsisOffering a bold reinterpretation of American legal history, the author argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power.Trade Review“Only One Place of Redress presents a bold reinterpretation of the relationship between governmental regulations of the marketplace and economic opportunity for blacks. Bernstein challenges the conventional wisdom and invites readers to reconsider breezy assumptions about how employment regulations operated.”—James W. Ely, Jr., author of The Guardian of Every Other Right: A Constitutional History of Property Rights“A provocative revisionist overview of legislation regulating labor relations. This will undoubtedly receive a great deal of attention from historians and students of the Constitution, and for good reason.”—Mark Tushnet, author of Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961–1991Table of ContentsPreface xiii Acknowledgments xix Introduction 1 1. Emigrant Agent Laws 33 2. Licensing Laws 121 3. Railroad Labor Regulations 203 4. Prevailing-Wage Laws 275 5. New Deal Labor Laws 353 Documents Section 1: Federal Acts and Resolutions 486 486 Section 2: State Legislation 519 519 Section 3: Municipal Resolutions 537 Section 4: Advocacy and Activism 560 Section 5: Case Studies of Redress 638 Section 6: Lawsuits 661 Selected Bibliography 673 Contributors 683 Acknowledgment of Copyrights 687 687 Index 691

    1 in stock

    £40.50

  • Legality and Legitimacy

    Duke University Press Legality and Legitimacy

    1 in stock

    Book SynopsisCarl Schmitt ranks among the original and controversial political thinkers of the twentieth century. This book contains translations of Schmitt's 1958 commentary on the work, explanatory notes, and an appendix including articles of the Weimar constitution.Trade Review“An English translation of Carl Schmitt’s Legalität und Legitimität is long overdue. Legality and Legitimacy concludes the critique of legal positivism and the rationality of statute law he began in The Crisis of Parliamentary Democracy and Political Theology and does so in the historical context of Weimar’s final crisis. It was an important argument at the time and is just as significant seventy-odd years later.”—Ellen Kennedy, author of Constitutional Failure: Carl Schmitt in Weimar“Carl Schmitt is an unorthodox classic. One of the intellectual grave-diggers of the Weimar Republic, he wrote this brilliant book in the middle of the political crisis, opting for presidential dictatorship. Excellent in its analysis, Legality and Legitimacy is unwise regarding political consequences and without a realistic political vision for the future. This first English-language translation should stimulate European-American dialogue about the vitality of democratic institutions in view of the challenges of antidemocratic and antiliberal temptations.”—Michael Stolleis, University of FrankfurtTable of ContentsTranslator’s Preface / Jeffrey Seitzer ix Identifying or Exploiting the Paradoxes of Constitutional Democracy? An Introduction to Carl Schmitt’s Legality and Legitimacy JOHN P. McCORMICK xiii Legality and Legitimacy Introduction: The Legislative State System of Legality Compared to Other State Types (Jurisdiction, Governmnetal, and Administrative States) / John P. McCormick 3 I: The System of the Legality of the Parliaamentary Legislative State 1. The Legislative State and the Concept of Law 17 2. Legality and the Equal Chance for Achieving Political Power 27 II: The Three Extraordinary Lawgivers of the Weimar Constitution 3. The Extraordinary Lawgiver Ratione Materiae: The Second Principal Part of the Weimar Constitution and a Second Constitution 39 4. The Extraordinary Lawgiver Ratione Supremitatis: Actual Meaning - Plebiscitary Legitimacy instead of Lgislative State Legality 59 5. The Extraordinary Lawgiver Ratione Necessitatis: Actual Meaning - The Administrative State Measure Displaces the Parliamentary Legislative State Statute 67 Conclusion 85 Afterword (1958) 95 Appendix: Selected Articles of the Weimar Constitution 103 Notes 109 Works Cited by Carl Schmitt in Legality and Legitimacy 161 Index 165

    1 in stock

    £18.99

  • The Body of Property

    Fordham University Press The Body of Property

    1 in stock

    Book SynopsisExplores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.Trade Review"Luck's focus on the phenomenological experience of ownership in the early nineteenth century is new and revealing. Whether looking at the frontier romance, the urban gothic, the domestic novel, or the plantation narrative, Luck convincingly shows how changing notions of property were intimately linked to evolving notions of embodiment and selfhood." -- -David Anthony Southern Illinois University, Carbondale "Written with force and grace, The Body of Property shows how antebellum literature stepped in to address questions that legal thought largely evaded: how do we come to own a thing? Why does property require bodies? Offering us a 'phenomenology of possession' in authors ranging from Brown to Stoddard, from J. P. Kennedy to George Lippard, Chad Luck provides a genuinely new account of the cultural work undertaken by antebellum fiction, as it thinks through embodiment and possession in a range of social locations: frontier, parlor, plantation, cityscape. This is a terrific book, well-researched, theoretically nimble, and full of interpretive insight." -- -Jonathan Elmer Indiana University "Luck combines a truly impressive archive of antebellum writing, legal and cultural history, Enlightenment philosophy, and phenomenology with an innovative methodology to tell a new history of property in American literature and culture -- the history of what property feels like, from the body to the spaces of the home, the plantation, and the city." -- -Jennifer Greiman University at Albany, SUNYTable of ContentsAcknowledgements Introduction - Pierson v. Post and the Literary Origins of American Property American Literature and the Problem of Property Property in Antebellum Culture A Phenomenology of Property The Space of Property Chapter One - Walking the Property: Ownership, Space, and the Body in Motion in Edgar Huntly Condillac's Statue and the Primacy of Touch Touching on the Other: Bodily Frontiers and the Production of Space Walking the Property: Mobility and the Appropriation of Space Chapter Two - Eating Dwelling Gagging: Hawthorne, Stoddard and the Phenomenology of Possession Possession without Acquisition: Eating, Enjoyment, and the "Beginning of Property" Home Bodies: Domestic Space and Possession Proper Mother's Milk: Private Property and the Feminine Economy of the Gift Chapter Three - Anxieties of Ownership: Debt, Entitlement and the Plantation Romance Southern Discomfort: Debt in the Slaveholding South Owning and Owing: Woodcraft and the Phenomenology of Debt Slave Narrative and the Senses of Entitlement The Structure of the Debt: Swallow Barn and the Space of the Plantation Chapter Four - Feeling at a Loss: Theft and Affect in George Lippard A Culture of Theft Distress Signals: Theft, Body, Affect Kleptophobia and the Architecture of Loss Invasion of the Body Snatchers: The Market in the Grave Epilogue - Wisconsin, 2004: Racial Violence and the Bodies of Property Notes Works Cited

    1 in stock

    £71.10

  • The Body of Property  Antebellum American Fiction

    Fordham University Press The Body of Property Antebellum American Fiction

    1 in stock

    Book SynopsisExplores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.Trade Review"Luck's focus on the phenomenological experience of ownership in the early nineteenth century is new and revealing. Whether looking at the frontier romance, the urban gothic, the domestic novel, or the plantation narrative, Luck convincingly shows how changing notions of property were intimately linked to evolving notions of embodiment and selfhood." -- -David Anthony Southern Illinois University, Carbondale "Written with force and grace, The Body of Property shows how antebellum literature stepped in to address questions that legal thought largely evaded: how do we come to own a thing? Why does property require bodies? Offering us a 'phenomenology of possession' in authors ranging from Brown to Stoddard, from J. P. Kennedy to George Lippard, Chad Luck provides a genuinely new account of the cultural work undertaken by antebellum fiction, as it thinks through embodiment and possession in a range of social locations: frontier, parlor, plantation, cityscape. This is a terrific book, well-researched, theoretically nimble, and full of interpretive insight." -- -Jonathan Elmer Indiana University "Luck combines a truly impressive archive of antebellum writing, legal and cultural history, Enlightenment philosophy, and phenomenology with an innovative methodology to tell a new history of property in American literature and culture -- the history of what property feels like, from the body to the spaces of the home, the plantation, and the city." -- -Jennifer Greiman University at Albany, SUNYTable of ContentsAcknowledgements Introduction - Pierson v. Post and the Literary Origins of American Property American Literature and the Problem of Property Property in Antebellum Culture A Phenomenology of Property The Space of Property Chapter One - Walking the Property: Ownership, Space, and the Body in Motion in Edgar Huntly Condillac's Statue and the Primacy of Touch Touching on the Other: Bodily Frontiers and the Production of Space Walking the Property: Mobility and the Appropriation of Space Chapter Two - Eating Dwelling Gagging: Hawthorne, Stoddard and the Phenomenology of Possession Possession without Acquisition: Eating, Enjoyment, and the "Beginning of Property" Home Bodies: Domestic Space and Possession Proper Mother's Milk: Private Property and the Feminine Economy of the Gift Chapter Three - Anxieties of Ownership: Debt, Entitlement and the Plantation Romance Southern Discomfort: Debt in the Slaveholding South Owning and Owing: Woodcraft and the Phenomenology of Debt Slave Narrative and the Senses of Entitlement The Structure of the Debt: Swallow Barn and the Space of the Plantation Chapter Four - Feeling at a Loss: Theft and Affect in George Lippard A Culture of Theft Distress Signals: Theft, Body, Affect Kleptophobia and the Architecture of Loss Invasion of the Body Snatchers: The Market in the Grave Epilogue - Wisconsin, 2004: Racial Violence and the Bodies of Property Notes Works Cited

    1 in stock

    £21.59

  • The Truman Court

    University of Missouri Press The Truman Court

    15 in stock

    Book SynopsisPerhaps the most overlooked aspect of Harry S. Truman's presidency is his judicial legacy, with biographies neglecting to consider the influence he had on the Supreme Court. Yet, as Rawn James lays, as president, Harry Truman molded the high court into a judicial body that appeared to actively support his administration's political agenda.

    15 in stock

    £33.96

  • Gamboas World  Justice Silver Mining and Imperial

    MP-NMX Uni of New Mexico Gamboas World Justice Silver Mining and Imperial

    1 in stock

    Book SynopsisExamines the changing legal landscape of eighteenth-century Mexico through the lens of the jurist Francisco Xavier de Gamboa (1717-1794). Gamboa was both a representative of legal professionals in the Spanish world and a central protagonist in major legal controversies in Mexico.Trade ReviewFrancisco Xavier de Gamboa was neither famous nor a nobody. But he was in the 'pivotal middle' of Spanish society, of colonial Mexican politics, and of the dynamic developments in the law and in the silver-powered economy of his century. Christopher Albi therefore sets out to persuade us that 'Gamboa's world' opens a unique, eye-opening, opinion-changing window onto how Spain's late-colonial empire functioned. He does a superb job. I am fully persuaded. From now on, anyone interested in better understanding eighteenth-century New Spain will need to spend time in Albi's world." - Matthew Restall, author of Seven Myths of the Spanish Conquest and When Montezuma Met Cortés: The True Story of the Meeting That Changed History"Gamboa's World offers a powerful new vision of governance in New Spain, detailing the ways of a regime that was primarily judicial by focusing on the career of one of its most engaged judges. We see anew how 'Bourbon reforms' were contested and contained by jurists committed to working with--and at times against--powerful economic interests and diverse popular communities to preserve the kingdom that sustained Spain's empire and fueled its trades through the eighteenth century." - John Tutino, author of Mexico City, 1808: Power, Sovereignty, and Silver in an Age of War and Revolution"This book is both very smart and highly entertaining, even funny at times. It is a treasure trove of material on law and legal culture, the silver economy, and late-colonial Spanish rule overall. Yet because the author smuggles all this in with a skillful narration of the life and times of a scrappy, brilliant Mexican jurist named Gamboa, readers hardly need to work for it at all." - Bianca Premo, author of The Enlightenment on Trial: Ordinary Litigants and Colonialism in the Spanish Empire"In exploring the private life, educational trajectory, and distinguished legal career of Francisco Xavier de Gamboa, Christopher Albi challenges various long-held assumptions regarding eighteenth-century New Spain. This is required reading for all those interested in Spanish America's tumultuous eighteenth century." - Frances L. Ramos, author of Identity, Ritual, and Power in Colonial Puebla"In this excellent book, the world of Francisco Xavier de Gamboa, one of the premier lawyers of colonial Mexico, comes to life again. Christopher Albi delves deep into the archival record to grasp how the complex colonial law actually worked in litigation. While providing this innovative analysis, Albi also crafts a wonderfully enjoyable read for undergraduate students and experts alike." - Christoph Rosenmüller, author of Corruption and Justice in Colonial Mexico, 1650-1755

    1 in stock

    £23.36

  • Sunderland Wills and Inventories 16011650

    Surtees Society Sunderland Wills and Inventories 16011650

    1 in stock

    Book SynopsisEdition, with full explanatory apparatus, of wills and inventories from north-east England.Complete editorial team: Joan Briggs, Rita McGhee, John Smith, Jennifer Tindell, Ann Tumman, Xenia Webster What was to become the town of Sunderland emerged in the earlier seventeenth century from two parishes north and south of the river Wear, Monkwearmouth and Bishopwearmouth, developing from a small fishing village into a significant east-coast port and industrial centre; a charter granted by the bishop of Durham in 1630 confirms its status. This volume comprises its surviving probate documents from the period 1601-50, containing material relating to some ninety-one individuals, twelve of them women. The inventories that accompany most of the wills (and insome cases survive where the wills do not) detail their household goods, thus constituting a rich source of information about ways of life and standards of living in the early seventeenth century. The wills and inventories are edited here in full in the original spelling, with a glossary, introduction, notes and an index.Trade ReviewThis is a nicely produced edition of interesting documents which will prove useful not just to local historians of north-east England but to many students and researchers of everyday life in early modern England. * HISTORY *The volume has been well edited. The documents are transcribed in full and carefully referenced, and there is a very necessary glossary, clearly the fruit of much research, together with an excellent index of persons and places. [...] An excellently presented volume. * NORTHERN HISTORY *Table of ContentsIntroduction Wills and Inventories Glossary

    1 in stock

    £45.00

  • Legislating the Courts

    Cornell University Press Legislating the Courts

    1 in stock

    Book SynopsisFocuses on generally unknown events and policies to demonstrate judicial dependence and legislative supremacy over the judiciary. This book disproves the validity of that assumption for state constitutionalism by concentrating on the law of New Hampshire - representative of the law in other jurisdictions - between the years 1789 and 1818.Trade ReviewA rich, interesting, and useful follow-up to his Controlling the Law. Another of John Reid's gems: well-researched, well-written, and one that will be of real interest and use to all American legal historians. -- Peter Karsten, University of PittsburghA fascinating examination of the emergence of judicial independence and legal professionalism in New Hampshire. Reid's sound common sense and profound knowledge of the sources illuminate this exemplary case study. -- M.N.S. Sellers, University of Baltimore School of LawTable of ContentsTable of Contents Introductory Note 1. The Legislative Constitution 2. Plumer's Constitution 3. Restoring to Law 4. A Midnight Judge 5. A Hydrophobic Judge 6. A Dependent Court 7. A Man for One Office 8. An Impetuous Judge Conclusion Notes Short Titles Acknowledgments Index

    1 in stock

    £24.29

  • To Secure the Liberty of the People

    Cornell University Press To Secure the Liberty of the People

    1 in stock

    Book SynopsisPoliticians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. This title presents examination of Madison's political philosophy as reflected in the "Bill of Rights" and modern interpretations by Supreme Court justices.Trade ReviewThis is a significant work of scholarship that makes a number of unique and important contributions. The description of how Madison understood the interconnections among the Bill of Rights' provisions is especially valuable. This book has something new to offer even to readers already familiar with Madison's writings. -- James H. Read, College of St. Benedict and St. John's UniversityKasper is a fine writer who knows a good deal about his subject, which is interesting and new. -- David Siemers, University of Wisconsin OshKosh

    1 in stock

    £29.75

  • Legitimating the Law

    Cornell University Press Legitimating the Law

    1 in stock

    Book SynopsisProvides knowledge about the judicial history of the early republic by recounting the development of courts, laws, and legal theory in New Hampshire. This title chronicles the struggle by which lawyers and torchbearers of strong, centralized government sought to bring standards of competence to New Hampshire.

    1 in stock

    £38.70

  • The Indonesian Supreme Court

    Cornell University Press The Indonesian Supreme Court

    1 in stock

    Book SynopsisSince the fall of Indonesian president Suharto, a major focus of the country's reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe...

    1 in stock

    £29.45

  • The Supreme Court Under Marshall and Taney

    John Wiley and Sons Ltd The Supreme Court Under Marshall and Taney

    Book SynopsisIn preparing the long-awaited second edition of his well-liked text, Kent Newmyer consulted the best and most relevant of the recent scholarship on the antebellum Court, prompting him to revise important points in the story of the Court's evolution. Nevertheless, the revised edition of the text retains the basic format and the conceptual premise of the original: the unique contributions of the Marshall and Taney courts taken together laid the foundation for the modern institution. Understanding the Supreme Court during its formative period provides useful insights into its continued (and hotly debated) involvement in shaping American society. Seminal cases that came before the Court, such as Marbury v. Madison and Dred Scott v. Sanford are examined in detail. Besides touting a thoroughly revised bibliographical essay, the second edition of The Supreme Court under Marshall and Taney includes an entirely new bank of illustrations and an index of important cases, making iTrade Review"Like the first edition, this book will prove invaluable to scholars, teachers, and students. ...Because Newmyer skillfully treats a large body of material in such a clear and compelling fashion, this book remains one of the best studies of the nineteenth-century Supreme Court." (The American Journal of Legal History, Winter 2005)Table of ContentsForeword vii Preface and Acknowledgments xi Chapter One. The Framework of Judicial Statesmanship 1 Limitations on Judicial Lawmaking 6 The Potential of Judicial Statesmanship 10 The Court and The Men and Women on It 16 Chapter Two. John Marshall and the Consolidation of National Power 18 The Struggle for Judicial Power: Marbury v. Madison 22 Consolidating National Power 39 A Philosophy of National Power 52 Chapter Three. Capitalism and the Marshall Court: Judicial Review in Action 55 The Marshall Court, State Power, and Agrarian Capitalism 59 The Court and the Rise of the American Business Corporation 70 Retreat under Fire 79 Chapter Four. The Taney Court: Democracy Captures the Citadel 89 King Andrew’s Court 92 Corporations and The Court: The New Look 94 The Taney Court and The Commerce Clause 101 Continuity Versus Change: The Haunting Presence of John Marshall 108 The Case for Judicial Statesmanship 113 Chapter Five. The Court’s Time of Troubles: Slavery, Sectionalism, and War 118 The Court and Slavery 122 The Fugitive Slave Question 123 Slavery in the Territories 127 Enter Dred Scott 131 Pitfalls of Judicial Discretion 138 The War Years: The Court Survives 142 Chapter Six. The Legacy of the Supreme Court under Marshall and Taney 146 Bibliographical Essay 153 Glossary of Legal Terms 170 The Supreme Court, 1801-1864 172 Index of Cases 176 Index 179 Illustrations follow page 88

    £20.85

  • Laws of Early Iceland  Gragas I

    MP-MTB University of Manitoba Press Laws of Early Iceland Gragas I

    Book SynopsisThe laws of Medieval Iceland provide detailed and fascinating insight into the society that produced the Icelandic sagas. Known collectively as Gragas (Greygoose), this great legal code offers a wealth of information about early European legal systems and the society of the Middle Ages. This first translation of Gragas is in two volumes.

    £38.66

  • Summary Justice in the City

    London Record Society Summary Justice in the City

    15 in stock

    Book SynopsisRecords from London's Guildhall reveal the workings of the law in the eighteenth century.For centuries, the City of London's Lord Mayor and Aldermen have headed various courts and tribunals as part of their official obligations. In the City's Guildhall, Londoners from all walks of life could appear before an aldermansitting as a magistrate in the "justice room" and initiate a criminal complaint when they were the victims of crime. But what actually happened in those initial hearings between the accuser, the accused and the magistrate has remained largely obscured to history. These records shed light on the earliest phases of a criminal prosecution and reveal the routines of criminal justice administration in the eighteenth-century metropolis. From the fragmentaryminutes of the proceedings conducted before London's aldermen, who sat for a part of every working day as Justices of the Peace, we learn of the petty squabbles of the City's poor with parish officials, the ready resort to physical violence in public and private spheres, the steady campaign against prostitution, and the growing professionalism of the parish constables who policed London before the arrival of the Metropolitan Police.The records will be ofinterest to historians of London, social historians of crime, genealogists and scholars interested in summary or pre-trial procedures in early modern England; they are presented here with introduction and explanatory notes. Greg T. Smith is Associate Professor of History at the University of Manitoba.Trade ReviewThis book makes a major contribution to our knowledge of both the era's criminal justice system and also daily life in the wider eighteenth-century metropolis. It will be quite invaluable to legal and social historians of the period. * ARCHIVES *Offers a tantalizing insight into the working world of the City justices. As such, it is a valuable addition to the published literature. * ARCHIVES AND RECORDS *Table of ContentsIntroduction Minute Books of the Guildhall Justice Room 1752-1781

    15 in stock

    £54.00

  • Research Handbook on the Theory and History of

    Edward Elgar Publishing Ltd Research Handbook on the Theory and History of

    Book SynopsisTrade ReviewAcclaim for the First Edition:'It is a good time in which to be a thinker about the remarkable present and the daunting future of the human world. The present volume will encourage more thinkers and more thought. It could not be more timely or more necessary.' -- From the Foreword to the First Edition by Philip AllottTable of ContentsContents: Foreword to the First Edition viii Editor’s Preface to the Second Edition x PART I THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY 1 The relevance of theory and history: the essence and origins of international law 2 Alexander Orakhelashvili 2 Early-modern scholarship on international law 19 Alain Wijffels 3 Natural law and the law of nations 58 Patrick Capps 4 The origins of consensual positivism: Pufendorf, Wolff and Vattel 90 Alexander Orakhelashvili 5 The transformation of international law in the nineteenth century 108 Amnon Lev 6 Hans Kelsen’s place in international legal theory 139 Jörg Kammerhofer PART II THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY 7 International human rights law theory 164 Frédéric Mégret 8 The philosophy of international criminal law 200 Robert Cryer and Albert Nell 9 International law, international politics and ideology 240 Alexander Orakhelashvili PART III HISTORY OF INTERNATIONAL LAW 10 Periodization and international law 281 William E. Butler 11 Origins, record and narratives: uses and abuses of international legal history 296 Alexander Orakhelashvili 12 Acculturation through the Middle Ages: the Islamic law of nations and its place in the history of international law 312 Jean Allain 13 The classical law of nations 326 Randall Lesaffer 14 The nineteenth-century life of international law 359 Alexander Orakhelashvili 15 International law between universality and regional fragmentation: the historical case of Russia 373 Lauri Mälksoo 16 International law in the twentieth century 394 Carlo Focarelli 17 International law in the early twenty-first century 444 Tom Ruys and Anemoon Soete Index 474

    £46.50

  • Parliamentarians at Law

    John Wiley and Sons Ltd Parliamentarians at Law

    Book SynopsisThis book brings together a selection of law suits brought by peers and members of the house of commons in the royal common law and equity courts at Westminster between 1377 and 1512, relating to themes such as parliamentary elections, the payment of parliamentary wages, and the evolution of the parliamentary privilege of freedom from arrest.Trade Review"This is a valuable collection of documents, the standard of editing remorselessly high, and the editor, particularly in respect of wages cases, has left little for others to find." (The Ricardian XX, 2010) Table of ContentsPart I: Introduction: Covering subjects including the parliamentary privilege of freedom from arrest; parliamentary elections; payments of MPs’ wages; the process of statutory regulation of parliamentary affairs; the royal law courts and their procedures Part II: The Texts: Parallel Latin/Middle English/French – Modern English edition of a) Suits relating to parliamentary privilege b) Suits relating to parliamentary elections c) Select suits relating to the payment of Members of Parliament d) Miscellaneous suits Part III: Appendices: Calendar of suits relating to the payment of Members of Parliament a) List of Peers and Members of the House of Commons mentioned in the texts b) List of Parliaments 1376-151

    £27.55

  • The Barristers of Toulouse in the Eighteenth

    Johns Hopkins University Press The Barristers of Toulouse in the Eighteenth

    1 in stock

    Book SynopsisOriginally published in 1975. Following the vein of French historiography, many twentieth-century scholars of the French Revolution believed that the middle class of lawyers played a crucial role in the Revolution. In The Barristers of Toulouse, Lenard Berlanstein contends with that notion in a case study examining the response of the Toulousian legal community to the French Revolution. Using tax rolls, marriage contracts, and court records as primary sources, Professor Berlanstein argues that class interestssuch as a desire to preserve their status in the cultured, conservative urban eliteled many Toulousian judges and lawyers to reject the Revolution and to remain loyal to the aristocratic Parlement. In other words, those in the legal community of Toulouse conducted themselves in ways that were consistent with other members of their social and economic class. To supplement his argument, Berlanstein's integrates methods from the New Social History movement.Table of ContentsPrefaceChapter 1. The Professional Life of the BarristersChapter 2. Social and Economic StatusChapter 3. Social and Economic AdvancementChapter 4. Ideas and Reforms in the Age of EnlightenmentChapter 5. The Barristers in Toulousan Society and PoliticsChapter 6. The Toulousan Barristers in the Revolution (1788-1793)Chapter 7. Concluding RemarksAppendixBibliographyIndex

    1 in stock

    £25.17

  • Law in American Meetinghouses

    Johns Hopkins University Press Law in American Meetinghouses

    7 in stock

    Book SynopsisA revealing look at the changing role of churches in the decades after the American Revolution. Most Americans today would not think of their local church as a site for arbitration and would probably be hesitant to bring their property disputes, moral failings, or personal squabbles to their kin and neighbors for judgment. But from the Revolutionary Era through the mid-nineteenth century, many Protestants imbued local churches with immense authority. Through their ritual practice of discipline, churches insisted that brethren refrain from suing each other before infidels at local courts and claimed jurisdiction over a range of disputes: not only moral issues such as swearing, drunkenness, and adultery but also matters more typically considered to be under the purview of common law and courts of equity, including disputes over trespass, land, probate, slave warranty, and theft. In Law in American Meetinghouses, Jeffrey Thomas Perry explores the ways that ordinary AmericansBlack and wTable of ContentsA Note on SourcesIntroductionChapter 1. "The Want of Discipline": Baptist Churches and Local Law in Frontier KentuckyChapter 2. Churches' "Perplexing Difficulties": Race, Gender, and Household RelationsChapter 3. A "Habitation of Justice?": The Market Revolution and the Search for Dispassionate ArbitrationChapter 4. "The Putrid Carnage of Contention": Religious Insurgency and Church AuthorityChapter 5. "A Great Curse to the Neighborhood": Church Property Disputes and State AuthorityConclusionAcknowledgmentsAppendixNotesIndex

    7 in stock

    £45.90

  • Before Borders

    Johns Hopkins University Press Before Borders

    3 in stock

    Book SynopsisAn ambitious revisionist history of naturalization as a creative mechanism for national expansion.Before borders determined who belonged in a country and who did not, lawyers and judges devised a legal fiction called naturalization to bypass the idea of feudal allegiance and integrate new subjects into their nations. At the same time, writers of prose fiction were attempting to undo centuries of rules about who couldand who could notbe a subject of literature. In Before Borders, Stephanie DeGooyer reconstructs how prose and legal fictions came together in the eighteenth century to dramatically reimagine national belonging through naturalization. The bureaucratic procedure of naturalization today was once a radically fictional way to create new citizens and literary subjects.Through early modern court proceedings, the philosophy of John Locke, and the novels of Daniel Defoe, Laurence Sterne, Maria Edgeworth, and Mary Shelley, DeGooyer follows how naturalizTrade Review...superbly interdisciplinary book...—International Journal of Law in ContextTable of ContentsAcknowledgmentsIntroduction. Open CountryPart I: Theories of NaturalizationChapter 1. Naturalization in HistoryChapter 2. Ideas of NaturalizationPart II: Fictions of NaturalizationChapter 3. Law of the Foreign FatherChapter 4. Open-Door Domestic FictionPart III: Relations of NaturalizationChapter 5. Unnatural-Born SubjectsCodaNotesIndex

    3 in stock

    £67.15

  • Before Borders

    Johns Hopkins University Press Before Borders

    1 in stock

    Book SynopsisAn ambitious revisionist history of naturalization as a creative mechanism for national expansion.Before borders determined who belonged in a country and who did not, lawyers and judges devised a legal fiction called naturalization to bypass the idea of feudal allegiance and integrate new subjects into their nations. At the same time, writers of prose fiction were attempting to undo centuries of rules about who couldand who could notbe a subject of literature. In Before Borders, Stephanie DeGooyer reconstructs how prose and legal fictions came together in the eighteenth century to dramatically reimagine national belonging through naturalization. The bureaucratic procedure of naturalization today was once a radically fictional way to create new citizens and literary subjects.Through early modern court proceedings, the philosophy of John Locke, and the novels of Daniel Defoe, Laurence Sterne, Maria Edgeworth, and Mary Shelley, DeGooyer follows how naturalizTrade Review...superbly interdisciplinary book...—International Journal of Law in ContextTable of ContentsAcknowledgmentsIntroduction. Open CountryPart I: Theories of NaturalizationChapter 1. Naturalization in HistoryChapter 2. Ideas of NaturalizationPart II: Fictions of NaturalizationChapter 3. Law of the Foreign FatherChapter 4. Open-Door Domestic FictionPart III: Relations of NaturalizationChapter 5. Unnatural-Born SubjectsCodaNotesIndex

    1 in stock

    £26.10

  • Doodem and Council Fire

    University of Toronto Press Doodem and Council Fire

    Book SynopsisCombining socio-legal and ethnohistorical studies, this book presents the history of doodem, or clan identification markings, left by Anishinaabe on treaties and other legal documents from the seventeenth through the nineteenth centuries. These doodems reflected fundamental principles behind Anishinaabe governance that were often ignored by Europeans, who referred to Indigenous polities in terms of tribe, nation, band, or village classifications that failed to fully encompass longstanding cultural traditions of political authority within Anishinaabe society. Making creative use of natural history, treaty pictographs, and the Ojibwe language as an analytical tool, Doodem and Council Fire delivers groundbreaking insights into Anishinaabe law. The author asks not only what these doodem markings indicate, but what they may also reveal through their exclusions. The book also outlines the continuities, changes, and innovations in Anishinaabe governance through the concept oTrade Review"Bohaker develops each of her five chapters—Doodem Tradition, Family in All Four Directions, Anishinaabe Constitutionalism, Governance in Action, and Doodem in the Era of Settler Colonialism—with great care, excellent writing, and in an authentic voice. Her insights are contextualized and supported by detailed maps and illustrations." -- Honours and Awards Committee, OHS Joseph Brant AwardTable of ContentsPreface Introduction 1. The Doodem Tradition 2. Family in All Four Directions 3. Anishinaabe Constitutionalism 4. Governance in Action 5. Doodem in the Era of Settler Colonialism Conclusion Bibliography

    £22.49

  • Honorary Protestants

    University of Toronto Press Honorary Protestants

    Book SynopsisWhen the Constitution Act of 1867 was enacted, section 93 guaranteed certain educational rights to Catholics and Protestants in Quebec, but not to any others. Over the course of the next century, the Jewish community in Montreal carved out an often tenuous arrangement for public schooling as “honorary Protestants,” based on complex negotiations with the Protestant and Catholic school boards, the provincial government, and individual municipalities. In the face of the constitution’s exclusionary language, all parties gave their compromise a legal form which was frankly unconstitutional, but unavoidable if Jewish children were to have access to public schools. Bargaining in the shadow of the law, they made their own constitution long before the formal constitutional amendment of 1997 finally put an end to the issue.In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal. Based on extensive archiTrade Review'With the appearance of Fraser's Honorary Protestants, I can refer to a full legal history of the topic that is exhaustive in its attention to detail. The book is extensively researched and forcefully argued.' -- Roderick MacLeod Canadian Jewish Studies vol 24:2016Table of ContentsChapter 1: Introduction: Constituting Law, Constituting Justice in the Jewish School Question Chapter 2: Invoking Equality, Invoking Legality: Jews Constituting Their Canadian Identity Chapter 3: Schools, Taxes, Jews, Catholics (and Protestants): The Origins of the Jewish School Question Chapter 4: Jews and Roman Catholics, School Taxes and Protestants: The First Jewish School Question Chapter 5: Taxes, the Rabbi and the Schoolboy: S 93 and the Pinsler Case Chapter 6: Promises, Promises: "Honorary Protestants" in Protestant Schools Chapter 7: Jews, Protestants, and Taxes (Again): The Jewish School Question in the 1920s Chapter 8: Jews, Protestants, Roman Catholics, and the Law: The Jewish School Question Goes to Court Chapter 9: Jews, Protestants, and Roman Catholics: Two Crises, and the Jewish School Question, 1928-31 Chapter 10: The Protestant Jews of Ste. Sophie and La Macaza: Constituting School and Community in Rural Quebec Chapter 11: Outremont and Beyond: The Jewish School Question Moves West Chapter 12: Hampstead and Beyond: From the Ghetto to Citizenship and Equality under Law's Shadow Chapter 13: TMR, St. Laurent, Cote Saint-Luc: Democracy, Law, and the End of the Jewish School Question Chapter 14: Constituting Canada and the Jewish School Question in Montreal

    £59.50

  • The Idea of a Moral Economy  Gerard of Siena on

    MY - University of Toronto Press The Idea of a Moral Economy Gerard of Siena on

    Book SynopsisThe Idea of a Moral Economy is the first modern edition and English translation of three questions disputed at the University of Paris in 1330 by the theologian Gerard of Siena.Trade Review'Larwin Armstrong is to be praised for providing us with a valuable scholarly edition of Gerard's influential work.' -- Stephen H. Rigby Economic History Review vol 69:04:2016Table of ContentsPreface and Acknowledgements Introduction Abbreviations Edition Quaestio de usura Tractatus de restitution Quaestio de praescriptione Translation A Question on Usury A Treatise on Restitution A Question on Prescription Bibliography

    £49.30

  • University of Toronto Press Essays in the History of Canadian Law Volume XI

    Book SynopsisThe essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867.Table of ContentsForeword Preface Introduction: Quebec and the Canadas, 1760 to 1867: A Legal Historiography G. BLAINE BAKER * Les d buts de la litt rature juridique qu b coise, 1767-1840 SYLVIO NORMAND* Les revendications des nouveaux sujets, francophones et catholiques, de la Province de Qu bec, 1764-1774 MICHEL MORIN*"A just and obvious distinction": The Meaning of Imprisonment for Debt and the Criminal Law in Upper Canada's Age of Reform JEFFREY L. M CNAIRN* The Law of Nations in the Borderlands: Sovereignty and Self-Defence in the Rebellion Period, 1837-1842 BRADLEY MILLER* Minority Groups and the Law in Quebec, 1760-1867 DONALD FYSON* tre demanderesse en Justice: Permanences civilistes dans la Province de Qu bec, de la Juridiction royale de Montr al (1740-1760) la Cour des plaids communs de Montr al (1760-1791) DAVID GILLES*"To shudder at the bare recital of those acts": Child Abuse, Family, and Montreal Courts in the Early Nineteenth Century IAN C. PILAR CZYK* Married Women's Property Law Reform, Couples, and Fraud in Canada West / Ontario, 1859-1900 LORI CHAMBERS* From Shaved Horses to Aggressive Churchwardens: Social and Legal Aspects of Moral Injury in Lower Canada ERIC H. REITER*"Possession of arms among these men ... might lead to serious consequences": Regulating Firearms in the Canadas, 1760-1867 R. BLAKE BROWN* Grand Juries and "Proper Authorities": Low Law, Soft Law, and Local Governance in Canada West / Ontario, 1850-1880 MARY STOKES Contributors Index

    £67.15

  • The Court of Appeal for Ontario

    University of Toronto Press The Court of Appeal for Ontario

    1 in stock

    Book SynopsisIn Christopher Moore’s lively and engaging history of the Court of Appeal for Ontario, he traces the evolution of one of Canada’s most influential courts from its origins as a branch of the lieutenant governor’s executive council to the post-Charter years of cutting-edge jurisprudence and national influence.Discussing the issues, personalities, and politics which have shaped Ontario’s highest court, The Court of Appeal for Ontario offers appreciations of key figures in Canada’s legal and political history – including John Beverly Robinson, Oliver Mowat, Bora Laskin, and Bertha Wilson – and a serious examination of what the right of appeal means and how it has been interpreted by Canadians over the last two hundred years. The first comprehensive history of the Ontario Court of Appeal, Moore’s book is the definitive and eminently readable account of the court that has been called everything from a bulwark against tyranny Trade Review'Moor's effort is worthy of unabashed praise - Canadian legal history is fortunate that he has developed a specialty in the history of the legal profession.' -- R. Blake Brown Canadian Historical Review vol 96:03:2015

    1 in stock

    £40.50

  • Essays in the History of Canadian Law Volume VII

    University of Toronto Press Essays in the History of Canadian Law Volume VII

    Book SynopsisLaw firms are important economic institutions in this country: they collect hundreds of millions of dollars annually in fees, they order the affairs of businesses and of many government agencies, and their members include some of the most influential Canadians. Some firms have a history stretching back nearly two hundred years, and many are over a century old. Yet the history of law firms in Canada has remained largely unknown. This collection of essays, Volume VII in the Osgoode Society's series of Essays in the History of Canadian Law, is the first focused study of a variety of law firms and how they have evolved over a century and a half, from the golden age of the sole practitioner in the pre-industrial era to the recent rise of the mega-firm. The volume as a whole is an exploration of the impact of economic and social change on law-firm culture and organization. The introduction by Carol Wilton provides a chronological overview of Canadian law-firm evolution and emphasizes

    £36.00

  • A Century of Constitutional Reform

    John Wiley and Sons Ltd A Century of Constitutional Reform

    Book SynopsisA Century of Constitutional Reform is a detailed study of the introduction, passage and consequences of major constitutional legislation in the United Kingdom. The book covers legislation enacted since the passage of the Parliament Act 1911, with contributions from leading specialists.Table of ContentsList of Contributors. 1. Introduction: A Century of Change (Philip Norton). 2. Hedging and Ditching: The Parliament Act 1911 (Chris Ballinger). 3. Laying the Foundations of the Modern Voting System: The Representation of the People Act 1918 (Robert Blackburn). 4. Divided Loyalties: The European Communities Act 1972 (Philip Norton). 5. Extending the Role of the Courts: The Human Rights Act 1998 (David Feldman). 6. Enacting Scotland’s ‘Written Constitution’: The Scotland Act 1998 (Barry K. Winetrobe). 7. Stages and Muddles: The House of Lords Act 1999 (Alexandra Kelso). Index.

    £19.71

  • La abolici243n del tormento  El in233dito

    MP-NCA Uni of North Carolina La abolici243n del tormento El in233dito

    1 in stock

    Book SynopsisThe abolition of judicial torture was one of the most consequential issues debated in eighteenth century continental Europe. A revealing component of this controversial debate was presented in the Discurso sobre la injusticia del apremio judicial, written by the attorney Pedro Garcia del Canuelo. This volume analyses, transcribes, and reproduces the complete Discurso.

    1 in stock

    £48.75

  • MP-NCA Uni of North Carolina American Gold Digger Marriage Money and the Law from the Ziegfeld Follies to Anna Nicole Smith

    1 in stock

    Book SynopsisWhether feared, admired, or desired, the “gold digger” appears almost everywhere gender, sexuality, class, and race collide. This fascinating work reveals the assumptions and disputes around women's sexual agency in American life, shedding new light on the cultural and legal forces underpinning romantic, sexual, and marital relationships.

    1 in stock

    £26.36

  • MP-NCA Uni of North Carolina Cruising for Conspirators How a New Orleans DA Prosecuted the Kennedy Assassination as a Sex Crime

    1 in stock

    Book SynopsisAt once a dramatic courtroom narrative and a deeper meditation on the enduring power of homophobia, Cruising for Conspirators shows how the same dynamics that promoted the unjust prosecution of Clay Shaw in the wake of JFK’s assassination continue to inform conspiratorial thinking to this day.

    1 in stock

    £23.96

  • MP-NCA Uni of North Carolina The Men of Mobtown Policing Baltimore in the Age of Slavery and Emancipation

    1 in stock

    Book SynopsisWhat if racialized mass incarceration is not a perversion of our criminal justice system's liberal ideals, but rather a natural conclusion? Adam Malka raises this disturbing possibility through a gripping look at the origins of modern policing in the influential hub of Baltimore during and after slavery's final decades.Trade ReviewIn this absorbing history of policing in 19th century Baltimore, Adam Malka uses a close case study to fill out our understanding of the evolution of policing, vigilantism, and property in 19th century America." - CrimeReads"The Men of Mobtown is a remarkable book. . . . Malka's major achievement is to force readers to consider how today's racial disparities in policing and incarceration are rooted not only in the last fifty years, or in Jim Crow, but in liberal attempts at Reconstruction and the abolition of slavery." - Criminal Law and Criminal Justice Book Reviews"Turns the conventional wisdom about racial policing in the United States on its head. Far from being a grotesque, late twentieth-century distortion of American political principles, race-based disparities in arrests and incarceration, according to Malka, are expressions of core liberal values and emerged alongside assumptions about African American freedom. . . . This argument is original, important, and timely." - Journal of Social History"One of the very few works to examine policing in the era of slavery and Reconstruction. It is an ambitious work at that, trenchantly argued and impressively researched. . . . Malka's major achievement is to force readers to consider how today's racial disparities in policing and incarceration are rooted not only in the last fifty years, or in Jim Crow, but in liberal attempts at Reconstruction and the abolition of slavery." - Criminal Law and Criminal Justice Books"A remarkable book. . . . Malka's major achievement is to force readers to consider how today's racial disparities in policing and incarceration are rooted not only in the last fifty years, or in Jim Crow, but in liberal attempts at Reconstruction and the abolition of slavery." - Joshua Clark Davis, Criminal Law and Criminal Justice Books"[Malka] provides a significant contribution to the history of policing in the United States, pressing readers to consider uncomfortable truths." - Journal of Southern History"Malka's book lays the foundation for our contemporary understanding of how African Americans became the primary victims of police abuse and mass incarceration. He uses newspapers, court records, published reports, and a host of primary sources to support his argument that white supremacy was the driving force that shaped policing and criminal justice in nineteenth-century Baltimore." - Journal of American History

    1 in stock

    £27.96

  • Proving Pregnancy  Gender Law and Medical

    MP-NCA Uni of North Carolina Proving Pregnancy Gender Law and Medical

    1 in stock

    Book SynopsisExamining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Proving Pregnancy documents how women - Black and white, enslaved and free - gradually lost control over reproduction to male medical and legal professionals.

    1 in stock

    £73.50

  • Proving Pregnancy  Gender Law and Medical

    MP-NCA Uni of North Carolina Proving Pregnancy Gender Law and Medical

    1 in stock

    Book SynopsisExamining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Proving Pregnancy documents how women - Black and white, enslaved and free - gradually lost control over reproduction to male medical and legal professionals.

    1 in stock

    £25.46

  • Lawyer Jailer Ally Foe  Complicity and Conscience

    MP-NCA Uni of North Carolina Lawyer Jailer Ally Foe Complicity and Conscience

    4 in stock

    Book SynopsisIn re-creating the daily lives of War Relocation Authority attorneys, Eric Muller adds colour, nuance, and pathos to the historical record by creating narrative and dialogue, illustrating how the lawyers' backgrounds, temperaments, circumstances, and personalities shaped their engagements with the unjust system they helped operate.Trade ReviewVivid. . . . For readers interested in human rights, concentration camps, or the legal history of this period, this is an important work."—Library Journal In a powerful yet easily read narrative, Muller documents with precision the tension these lawyers experienced attempting to do good while working in a fundamentally unjust system. Based on meticulous research . . . . a thought-provoking study of the role of the legal profession in society and the power of individual responsibility, even with its imperfections."—American Bar Association [A] brilliant book . . . . a masterpiece . . . . an important yet understudied topic.—Art Hansen, Nichi Bei News

    4 in stock

    £22.46

  • The Birth Certificate  An American History

    MP-NCA Uni of North Carolina The Birth Certificate An American History

    2 in stock

    Book SynopsisAward-winning historian Susan Pearson traces the birth certificate’s two-hundred-year history to explain when, how, and why they came to matter so much in the United States. This is a fascinating biography of a piece of paper that grounds our understanding of how those who live in the United States are considered Americans.Trade ReviewAbsorbing...An accessible, lively study of how a now-standard record came about."—Kirkus Reviews"This impeccable and captivating work of historical scholarship will appeal to any historian of the postbellum United States, but particularly to social historians, intellectual historians, and historians of science and technology...In The Birth Certificate, Pearson brilliantly weaves together a variety of archival sources to elucidate the intersection between lived experience, state bureaucracy, and systems of epistemic authority."—Journal of Interdisciplinary History"Richly researched, beautifully written. . . . [A] crucial historical analysis of the vital bureaucratic document that establishes American identity" —American Journal of Legal History"A crucial contribution to the study of age as a category of analysis. . . . Pearson's work will be thought-provoking for scholars and students alike."—Journal of the History of Childhood and Youth

    2 in stock

    £21.56

  • Democratic Law in Classical Athens

    University of Texas Press Democratic Law in Classical Athens

    4 in stock

    Book SynopsisThe democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably pTrade ReviewBacked by many years of research in the field of Greek law, the author systematically demonstrates the many ways in which the Athenians ensured that their legal system upheld both the rule of law and democratic ideals and shows clearly that the Athenian legal system was one that achieved its aims and worked as intended in the context in which it developed...Gagarin’s latest work is, as always, accessible and coherent while remaining precise and incisive. It will be a valuable introduction to the Athenian legal system for many and a useful addition to the libraries of scholars and students working on the Athenian democracy. * Polis *[Democratic Law in Classical Athens] does a very good and interesting job of exploring the Athenian judicial system in its wider civic context. * Sehepunkte *[Democratic Law in Classical Athens] is a discerning overview of the workings of the Athenian judicial system with a crucial emphasis on the context of ancient democracy and culture. The writing is lucid, thorough, meticulously footnoted, well illustrated with copious ancient examples and informative for scholars of all levels...We must always remember that the ancients were regular people with a culture, world view and practice of self-government far different from our own. In constructing this rich and dynamic social setting Gagarin shines. * Classical Review *"Gagarin’s argument is characteristically nuanced and persuasive, grounded in the sources and in a deep understanding of the operation of law both in Classical Athens and more widely in Archaic and Classical Greece. The book’s thoughtful discussion will make it a valuable addition to the collections of scholars and students of Athenian law and democracy, and it is likely to serve as a clear and accessible introduction to the subject for many." * Journal of Hellenic Studies *Apart from being well-written and easily comprehended, Gagarin’s latest work is worth reading above all for his courage in tackling the much-debated issue of the effectiveness of the Athenian legal system. The author’s intelligent employment of comparisons between legal practices in Athens and in modern states, which helps him demonstrate the high degree of efficiency of the Athenian legal system, brings studies on Athenian law closer to comparative legal studies and, thus, to a readership not limited only to classicists...readers who are open to discovering a new perspective on Athenian law will be made to feel at ease by the clarity of his thought. * Bryn Mawr Classical Review *[Democratic Law in Classical Athens] provides an excellent overview of the relationship between law and democracy in Athens and serves as a testament to the great care and judgment with which Gagarin has studied the subject over many years. * Mouseion: Journal of the Classical Association of Canada *Table of Contents Preface Introduction Chapter 1. Democracy Chapter 2. Performance Chapter 3. Negotiation Chapter 4. Rhetoric Chapter 5. Rules and Relevance Chapter 6. Justice Chapter 7. Public Interest Chapter 8. The Rule of Law Conclusion Bibliography Index Locorum General Index

    4 in stock

    £31.50

  • American Legal Education Abroad

    New York University Press American Legal Education Abroad

    1 in stock

    Book SynopsisA critical history of the Americanization of legal education in fourteen countriesThe second half of the twentieth century witnessed the export of American powerboth hard and softthroughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideTrade Review"Bartie and Sandiomerski have brought together a distinguished group of authors who together encourage us to reflect on the extent to which the American model of legal education has been accommodated (or resisted) around the world. In addition to providing revealing insights into the ways in which different jurisdictions have interpreted the notion itself, the collection succeeds in demonstrating the ways in which local circumstances have influenced the way reception of American legal education has played out, with very different results. A fascinating read." -- Fiona Cownie, Professor of Law Emerita, Keele University"This fascinating collection of essays by eminent legal scholars and historians examines the global influence of American legal education. The essays are by no means formulaic, as the impact of American legal education is considered in the light of each country’s varied historical and political context, whether it be decolonization in Nigeria or post-Soviet experience in Estonia. The essays also eschew the simplistic and one-dimensional view that American legal education was accepted without question, as there was actual resistance on the part of France, for example, and Japan regarded it as irrelevant." -- Margaret Thornton, Professor of Law Emerita, The Australian National University"This excellent selection of essays presents the US law school in all its duality as both a powerful global cultural imaginary, and a highly contingent set of local practices. In its nuanced and geographically wide-ranging assessment of the ‘Americanization’ project, this book provides an important resource for scholars of the history and globalization of legal education." -- Julian Webb, Professor of Law, Melbourne Law School, Australia"Contributors to Bartie and Sandomierski’s volume present a critical history of the Americanization of legal education in fourteen countries. They argue that the second half of the twentieth century witnessed the export of power—both hard and soft—throughout the world, and they focus on the effect of US cultural and economic imperialism on legal education. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally." * Law and Social Inquiry *"American Legal Education Abroad–Critical Histories is a book that deserves to be read by any legal scholar, particularly those interested in comparative legal history… it is an important contribution to the theory of legal transplants and adds a significant piece to the literature on the ‘Americanisation’ of law and legal culture." * Comparative Legal History *

    1 in stock

    £45.00

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