Legal history Books

Book Synopsis'A Victorian Tragedy', for the first time, describes how the landmark court case of Banks v Goodfellow (1870) came about, what happened to the protagonists and how an enlightened judgment provided a practical definition of testamentary capacity that has since been used throughout the common law world law.Table of ContentsIntroduction Chapter One - Who was John Banks the Elder? Chapter Two - John Banks the Elder: His Life, Illness and Death Chapter Three - The Wills of John Banks the Elder Chapter Four - Margaret Banks Goodfellow: The Niece and Beneficiary of the Last Will Chapter Five - The Trials of the Will Chapter Six - John Banks the Younger: The Claimant Chapter Seven - Edward Barron Goodfellow: The Defendant Chapter Eight - The Questions that still Remain Appendix I -Information Appendix II - Biographical Sketches of the Judges and Principal Barristers Appendix III -The Judgment in Queen’s Bench Endnotes Index

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Book SynopsisOver a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

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Book SynopsisAfter examining more than 700 lawsuits decided by the supreme courts of former slave states, Giuliana Perrone asserts that slavery remained actionable in American law well after its ostensible demise. An important study for scholars of slavery and the US Civil War.Trade Review'The monumental history of Emancipation and Reconstruction is irresistible, but it can be deceptive. Giuliana Perrone directs us to the quieter lanes of American common law discourse, where the bitter realities of abolition's adjudication are to be found - the 'smaller, private legal matters' that piled up routinely, remorselessly, in the shadow of slavery. Those of us who wonder at Reconstruction's rejection and Emancipation's dire legacy can learn much from this eloquent history of legal failure.' Christopher Tomlins, author of In the Matter of Nat Turner: A Speculative History'Nothing More Than Freedom is the first comprehensive history of state appellate law, where the afterlife of slavery lasted for decades. Giuliana Perrone shows us that even the supposed common-law rights of property and contract were limited by previous enslavement across former slave states, where the badges of servitude outlived emancipation.' Ariela Gross, co-author of Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana'Nothing More than Freedom is a fresh and provocative take on legal change at a crucial juncture in American history. Judges who confronted slavery's demise in the aftermath of the Civil War made active choices about whether to adjust legal rules to accommodate this transformation in minimal ways or to root the edifice of slavery entirely out of the law.' Cynthia Nicoletti, author of Secession on Trial: The Treason Prosecution of Jefferson Davis'Perrone delivers an unflinching look at how American judges perpetuated the vestiges of slavery through state-based private law, fatally undermining the abolitionist promise of the Reconstruction Amendments. Now, when so many are entranced by the fiction of colorblindness, Perrone's excavation of ongoing slavery-based logics in American law and commerce is a welcome counterpoint.' Dylan C. Penningroth, author of The Claims of Kinfolk: African American Property and Community in the Nineteenth-Century South'… a rigorous, essential work of legal history, far from easy reading but fascinating throughout. … Highly recommended.' P. Harvey, ChoiceTable of ContentsIntroduction: an abolitionist vision; 1. The contract controversy; 2. 'Wreck and ruin'; 3. 'By force it was destroyed'; 4. Confederate reckonings; 5. Life after the death of slavery; 6. 'Back into the days of slavery'; 7. 'The grave question'; 8. Final failure; Epilogue: an abolitionist revision.

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Book SynopsisCanon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as ''equity,'' ''rationality,'' ''office,'' and ''positive law,'' has been enormous, long-lasting, and remarkablyTable of Contents1. Medieval canon law: introduction John C. Wei and Anders Winroth; Part I. The History of Medieval Canon Law: 2. The early church Caroline Humfress; 3. Early medieval canon law Abigail Firey; 4. Canon law in the long tenth century, 900–1050 Greta Austin; 5. The age of reforms: canon law in the century before Gratian Christof Rolker; 6. The reinvention of canon law in the high middle ages Wolfgang P. Mueller; 7. Canon law in a time of renewal, 1130–1234 Anders Winroth; 8. The late middle ages: introduction; four remarks regarding the present state of research Martin Bertram; 9. The late middle ages: sources Andreas Meyer; 10. The canon law of the Eastern churches Péter Erdő; Part II. The Sources and Dissemination of Medieval Canon Law: 11. Theology and the theological sources of canon law John C. Wei; 12. Church councils Norman Tanner; 13. Decretals and lawmaking Gisela Drossbach; 14. Roman law Gero Dolezalek; 15. Law schools and legal education Anders Winroth; 16. Local knowledge of canon law, c. 1150–1250 Anthony Perron; 17. Medieval canon law manuscripts and early printed books Susan L'Engle; Part III. Doctrine and Society: 18. Procedures and courts Wolfgang P. Mueller; 19. Ecclesiastical property, tithes, spiritualia Charles de Miramon; 20. The law of benefices Andreas Meyer; 21. Religious life Elizabeth Makowski; 22. The sacraments of baptism, confirmation, and the Eucharist Thomas M. Izbicki; 23. Confession, penance, and extreme unction Rob Meens; 24. Saints and relics Thomas Wetzstein; 25. Marriage: law and practice Sara McDougall; 26. Family law Franck Roumy; 27. Criminal law Lotte Kéry; 28. Ecclesiastical discipline: heresy, magic, and superstition Edward Peters; 29. Wars and crusades Frederick Russell and Ryan Greenwood; 30. Excommunication and interdict Peter G. Clarke; Conclusion; 31. The spirit of canon law Peter Landau; 32. Bibliography of primary sources Thomas Izbicki and Anders Winroth.

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Book SynopsisEvery law student and legal scholar uses Wesley Hohfeld's ideas whether they realize it or not. This collection offers the first comprehensive, single-stop volume to clarify and examine the value, ubiquity, and import of Hohfeld's work. The book also features newly uncovered personal papers from Hohfeld's family.

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Book SynopsisAll lawyers have an in-built need to revisit the great cases of the past. After all, that is the basis upon which common law is founded. A retrospective look at the people and circumstances behind the results of these great cases gives tremendous insight and understanding, as well as revealing a human side to the events which is not always apparent from the law reports. This collection of essays examines key cases (both UK and international) that have changed or created the rules and procedures which govern our lives and which we abide by cases which have changed our lives. The book sets out the facts of each case and examines its impact, with emphasis on the human angle of the story, including:* Who were the people involved?* What was actually decided in the case?* What happened later and how what was decided on the facts changed our lives?* What were the later implications for that area of law and/or other areas of law?* What legacy has the case left?The themes addressed by the book

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Book SynopsisPeter Goodrich looks beyond Judge Schreber's mental health to evaluate his jurisprudential theory. Goodrich analyses Schreber's Memoirs, interpreters and intellectual context to show how Schreber challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.

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Book SynopsisPolice Matters moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows.Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a pTrade ReviewThis book contributes a great deal to the study of policing and to Tamil Nadu studies. * Choice *

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Book SynopsisThis textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of ‘modern’ political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject. The third edition includes a new chapter on feminist legal scholarship and non-Western approaches. Praise for the previous editions: 'An ideal starting place for anyone interested in, or studying, legal philosophy ... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal) 'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library)Trade ReviewThis book is clear, concise and well laid out. -- Amy Elkington * University of Chichester *An ideal starting place for anyone interested in, or studying, legal philosophy … Its simple but ambitious aim to provide a concise and accessible guide is easily achieved. * Student Law Journal (of the first edition) *A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own. * Canadian Law Library (of the first edition) *Table of Contents1. Justice, Law and History Morality History Law Situating Jurisprudence PART ONE FOUNDATIONS 2. Origins of the Western Jurisprudential Tradition A Basic Division Aristotelian Political Thought The Abandonment of Aristotle Justice and Community in Plato Suggested Reading 3. Jurisprudence – The Classical Tradition Positive Law Natural Law The Relationship between Natural Law and Positive Law Justice and Determination Human Knowledge of Natural Law A Word on Doctrines Suggested Reading 4. The Emergence of ‘Modern’ Political Thought Hobbes’s View of the Human Condition Law and Society The Political Context of Leviathan A Divided Inheritance Excursus Reason Sociability Absolutism The Right of Nature Suggested Reading 5. Images of Law from Grotius to Kant Grotius as a Natural Law Theorist A New Framework Suggested Reading PART TWO DEBATES 6. Positive Law, Positive Justice: Hart The Basic Dimensions of Hart’s Positivism The Nature of Law Law and Morality Natural Law Justice and Equality Suggested Reading 7. Justice in the ‘Real World’: Dworkin The Philosopher-Judge Could the Law be an Expression of Something other than ‘Integrity’? Objectivity, Truth and Scepticism Philosopher-Kings and Philosopher-Judges Suggested Reading 8. Justice and the Liberal State: Rawls Rational Reflection and Questions of Method The Problem of Justice The First Principle of Justice The Second Principle The Basic Structure in Context Suggested Reading 9. Justice and the Common Good: Finnis Introducing the Political Philosophy The Basic Goods The Status of Practical Reasonableness Order, Community and Justice Justice and Rights The Overall Direction of Finnis’s Account Suggested Reading 10. Justice and Legality: Fuller Legality and Justice Justice and the Institutional Reality of Law Eunomics: The Theory of Good Order The Direction of Fuller’s Thought Suggested Reading 11. Justice and Legal Order: Further Reflections Natural Right and Natural Law The Origin of the Law’s Authority Legal Order and Positive Law Summing Up Suggested Reading PART THREE CRITICAL PERSPECTIVES 12. Disruptive Theories Critical Theory Critical Race Theory Feminist Legal Theory Suggested Reading 13. Conclusions?

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Book SynopsisWhy are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin’s men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.Trade ReviewEssential reading for those interested in the dispute, and indeed in the wider debate around repatriation of cultural objects. -- James Morton * The Times *[An] even-handed and refreshing approach to this immensely complex dispute … An important contribution has been made to identify areas of compromise that might help resolve this long-running dispute. * Returning Heritage *Alexander Herman has written a lucid and engaging guide to the world’s longest-standing cultural dispute. Like so many of us, he hopes for its resolution, and is scrupulously fair and even-handed in explaining how this might happen. * Barnaby Phillips, author of 'Loot: Britain and the Benin Bronzes' *Anyone with an interest in world history and cultural heritage will learn a lot from reading this careful study of the world's toughest argument over art and restitution. Its approach is both rigorous and empathetic, an impressive combination. * Bruce Clark, Economist writer on history, culture and ideas, Author of 'Athens: City of Wisdom' *It is a remarkable achievement to write with such balance and authority on so fraught a question, even more impressive when so many believe they have an answer; from now on no-one should venture an opinion without reading this gripping and important analysis. * Sir Alan Moses, former Lord Justice of Appeal and co-chair of the UK's Spoliation Advisory Panel *Table of ContentsIntroduction: A Matter Yet Unresolved 1. From the Slopes of Mount Pentelikos 2. A Story with Neither Hero Nor Villain 3. A Firman by Any Other Name 4. Albion's Verdict 5. The History of a Claim 6. The (un)titled Masterpiece 7. Wellington and International Law 8. The View from Athens 9. Inside the British Museum 10. Resolving the Dispute

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Book SynopsisThis book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.Trade Review‘Justice and Mercy is a remarkable book…the book resounds with the historiographic traditions and conflicts among the different schools of legal history and of intellectual history, both in Britain and on the continent. While the author is obviously well aware of them, she manages to avoid the pitfalls of adding to these ongoing conflicts.’Esther Cohen, Hebrew University of Jerusalem, The Medieval Review'I dearly wish this excellent book had been available twenty years ago when I was writing one of my own on the changing ways that the human urge to vengeance were expressed c. 1000–1300. Philippa Byrne, a first-time author, has assembled an amazing amount of difficult theological material, much direct from manuscript, to make a persuasive and novel case that judges had to include in their sentencing policy what she calls “reciprocal mercy,” a kind of subset of “deliberative” justice, generated in the schools by “a sophisticated and long-running debate about judicial ethics”. [...] This is an enviably able, solid, fresh, and exciting first book that will give all kinds of readers much to think about.'Paul R. Hyams, Speculum -- .Table of ContentsPrologue: the vanishing adulteress1 Introduction2 The problem with mercy: the schools3 The problem with mercy: the courts4 Twelfth-century models of justice and mercy5 Who should be merciful?6 Judgement in practice: the Church7 Histories of justice: the crown, persuasion and lordship8 Love your enemies? Popular mercy in a vengeance culture9 ConclusionBibliographyIndex

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Book SynopsisThis book provides a detailed analysis of women’s involvement in litigation and other legal actions within their local communities in late-medieval England. It draws upon the rich records of three English towns – Nottingham, Chester and Winchester – and their courts to bring to life the experiences of hundreds of women within the systems of local justice. Through comparison of the records of three towns, and of women’s roles in different types of legal action, the book reveals the complex ways in which individual women’s legal status could vary according to their marital status, different types of plea and the town that they lived in. At this lowest level of medieval law, women’s status was malleable, making each woman’s experience of justice unique.Trade Review'Medieval town life has been heralded for offering women increased opportunities for economic activity and social advancement. However, the study of women in urban judicial courts complicates this picture by reporting occasions in which women violated principles of peace and equity or were themselves victims of violation. Phipps (Swansea Univ., UK) samples the legal records of the medium-sized English towns Nottingham, Chester, and Winchester, showing them to be rich sources of social history for better understanding urban justice. The cases indicate that women’s legal action was not defined primarily or solely by gender, as they were perpetrators or victims of the same kinds of misbehavior as men. Although marriage technically transferred a woman’s legal responsibility to her husband—the concept of coverture—town courts held flexible ideas about how to apply this at least until the mid-15th century, not hesitating to find a woman fully responsible for some crimes. The study of debt litigation, regulation of work and trade, public disorder, and verbal disturbances sheds light on women’s roles in urban settings, where justice and peacekeeping were seriously pursued for the profit and well-being of all within their walls.'--L. C. Attreed, College of the Holy CrossSumming Up: Recommended. Lower-division undergraduates through faculty.'Dr Phipps’ book is undoubtedly a valuable contribution to the scholarship in this field and will appeal to a wide readership.'Transactions of the Historic Society of Lancashire and Cheshire, Dr Shaun D. McGuinness'In this meticulously researched book, Teresa Phipps surfaces the working lives of women in three medieval English towns—Nottingham, Chester, and Winchester—through a quantitative and qualitative analysis of their appearances in legal records, often in the context of commercial disputes.'Speculum -- .Table of ContentsIntroduction 1 Women, town courts and customary law in context2 Commerce, credit and coverture: women and debt litigation 3 Law and the regulation of women’s work4 Violence, property and ‘bad speech’: women and trespass litigation5 Public disorder, policing and misbehaving womenConclusionBibliographyIndex

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Book SynopsisThe double codes of law composed by R. Joseph Karo during the late sixteenth and early seventeenth centuries mark a watershed in the history of Jewish Halakhah [law]. No further legal project was suggested in later generations. The books suggest a new reading beyond the aspects of positive law. R. Karo continued centuries- long traditions of Jewish erudition, in tandem with responding to global changes in history of law and legality both in Europe, and mainly in the Ottoman Empire. It is a global reading of Jewish Halakhah and modernization of Jewish culture in general.Trade Review “Roni Weinstein’s cross-denominational approach to Yossef Karo’s legal corpus is undoubtedly a turning point for scholars of Jewish and Ottoman legal traditions. This thorough book carefully maps out the Ottoman and broader Mediterranean contexts of Karo’s legal oeuvre, giving historians of Ottoman Islamic law much to consider.” – Guy Burak, Middle Eastern and Islamic Studies Librarian at NYU’s Elmer Holmes Bobst Library, USA.“Roni Weinstein’s thought-provoking book situates the codification of Jewish law and mystical-cum-legal thought of Rabbi Joseph Caro, the ‘Master’ of Talmudic scholars in sixteenth-century Ottoman Safed, into a global early modern Eurasian context increasingly attuned to the community-making capacity of law. By engaging closely with recent research in anthropology of law, early modern Jewish and European history, as well as Ottoman legal history, Weinstein provides a new, dialogic reading of Caro. The book points to legal history as a fertile ground on which to explore not only global early modern trends such as the search for a ‘strong center’ (legal, spatial, or otherwise) as the basis for community-building but also ways of integration of non-Muslims into Ottoman society.” – Tijana Krstic, historian of the early modern Ottoman Empire and professor at Central European University, Hungary. “In Joseph Karo and Shaping of Modern Jewish Law: The Early Modern Ottoman and Global Settings Roni Weinstein engages an impressive range of scholarship and source materials as he crafts a valuable comparative analysis that cuts across early modern Islamic, Jewish, and Christian history and society. This book advances our knowledge of numerous legal issues—from canonization, codification, the anthropology of law, comparative law, the role of law in the rise of the modern state, and the relationship between law and mysticism, to the impact of printing. Weinstein’s impressive scholarship deepens our understanding of the work and life of the towering figure of Joseph Karo and adds nuance to the examination of many core early modern topics.” – Dean Phillip Bell, President/CEO and Professor of Jewish History, Spertus Institute for Jewish Learning and Leadership, USA.Table of ContentsIntroduction: Methodology, Questions, and Scope; Chapter One The Importance of Being Canonized; Chapter Two The Preamble to Beit Yosef: Manifesto of a Jurist; Chapter Three “Maran” [Our Master] Joseph Karo; Chapter Four Semikhah Polemics in Safed: Establishing a Guild of Jurists; Chapter Five R. Karo in Safed: Establishing a Dominant Status; Chapter Six Law and Mysticism: An Envitable Encounter; Chapter Seven “Provide Me with the Reasoning for your Verdict”: The Prestige and Status of Jewish Courts; Chapter Eight Establishing an International Court of Law; Chapter Nine Summary: Scope and Perspectives; Bibliographical List; Index

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Book SynopsisBooks about the work of James Joyce are an academic industry. Most of them are unreadable and esoteric. Adrian Hardiman's book is both highly readable and strikingly original. He spent years researching Joyce's obsession with the legal system, and the myriad references to notorious trials in Ulysses and Finnegans Wake. Joyce was fascinated by and felt passionately about miscarriages of justice, and his view of the law was coloured by the potential for grave injustice when policemen and judges are given too much power. Hardiman recreates the colourful, dangerous world of the Edwardian courtrooms of Dublin and London, where the death penalty loomed over many trials. He brings to life the eccentric barristers, corrupt police and omnipotent judges who made the law so entertaining and so horrifying. This is a remarkable evocation of a vanished world, though Joyce's scepticism about the way evidence is used in criminal trials is still highly relevant.Trade ReviewEven to those who find Ulysses somewhat impenetrable and to those who never even attempt to read Finnegans Wake, Joyce in Court is a pleasure to read and a real treasury of Joycean history in context * Dublin Sunday Business Post *He has the gifts of clarity, expertise and a deep knowledge of what he is talking about... This book is a worthy tribute to a person of many talents who fortunately chose to devote a lot of them to a body of work which was ideally suited for him' * Irish Times *Hardiman has approached the oeuvre with refreshing clarity... he is a highly enlightened and consistently humane reader of Joyce' * Daily Telegraph *This tremendously well-researched and marvellously insightful book is a delight for lawyers and lovers of literature alike * Irish Independent *With forensic care, Hardiman takes us through the trials of Emmet and the invincibles. His advantage is that he knows the book as well as he knows the law, and so misses no chance to connect what happened legally with what enters the minds and conversations of the fictional characters... [Hardiman] writes with clarity and with a lawyer's eye as he describes what the authorities did to prevent the book being published' -- Colm Toibin, GuardianHardiman's enthusiastic tracing and interpretation [...] does it a great service * The Sunday Times *Hardiman's detailed survey of [insurance law, libel, the tort of criminal conversation] undoubtedly renews and enriches our reading of Joyce's work as a whole... Its treatment of individual cases is fascinating' * Literary Review *The book reads like one of [Hardiman's] elaborate court arguments and it is redolent with the knowledge for which he was renowned. It is a seemly memorial of his professional life in the courts as well as his parallel life as historian and literary scholar * Irish Examiner *A fascinating exploration of Joyce's obsession with the legal system that looks at the many trials referenced in Ulysses and Finnegan's Wake * Irish Times, Best books of 2017. *[Hardiman] sheds new light on James Joyce's Ulysses by way of the 18 civil cases referred to in its text... Provides an insightful consideration of Joyce's masterpiece from a refreshingly different angle' * Publishers Weekly. *Consistently informative and entertaining, and very often fascinating. It deserves a place in ever Irish lawyer's library * Law Society Gazette *

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Book SynopsisSir William Garrow was born in Middlesex in 1760 and called to the Bar in 1783. He was the dominant figure at the Old Bailey from 1783 to 1793, later becoming an MP, Solicitor-General, Attorney-General and finally a judge and lawmaker within the Common Law Tradition. Garrow is now in the public-eye for daring to challenge entrenched legal ways and means. His 'gifts to the world' include altering the relationship between judge and jury (the former had until then dominated over the latter in criminal trials), helping to forge the presumption of innocence, rules of evidence and ensuring a general right to put forward a defence using a trained lawyer. He gave new meaning to the trial advocate's forensic art of cross-examination, later diverting skills honed as a radical to help the Crown when it was faced with alleged plots, treason and sedition. This is a generous work in which well-known legal historian and biographer John Hostettler and family story-teller Richard Braby (a descendant of Garrow) combine their skills and experience to produce a gem of a book. The lost story of Sir William Garrow and its rediscovery will prove enlightening for professional and general readers alike and provide an invaluable 'missing-link' for legal and social historians. It is also a remarkable work of genealogical research which will register strongly with family historians.Trade Review'A Law book yes, but boring no, a delight to read': Internet Law Book Reviews. 'Without the pioneering work of William Garrow, the legal system would be stuck in the Middle Ages': Radio Times 'Garrow can truely be said to have revolutionised the practice of criminal law': Geoffrey Robertson QC (from the Foreword). 'A blockbuster of a book': Phillip Taylor MBE of Richmond Green Chambers.'[Hostettler and Braby's] definitive biography ... is informative, entertaining and a really good read, and in the process rescues Garrow from undeserved obscurity': Littlehampton GazetteTable of ContentsForeword Geoffrey Robertson QC. 1.Family Background 2.Education in Criminal Law. 3.Garrow and English Criminal Procedure. 4.Early Trials 5. Adversary Trial and Human Rights. 6.Government Prosecutor. 7.The Picton Trials. 8.Member of Parliament and Law Officer. 9.Garrow vs. Brougham. 10.Judge. 11.Garrow's Homes. 12.Sarah 13.Garrow's Will And Trust 14.Garrow's Extended Family. 15.Joseph Garrow's Literary Legacy. 16.Published Stories. 17.Conclusion. Timeline of William Garrow's Life. APPENDIX 1: Garrow Genealogical Studies APPENDIX 2: A Snapshot of Crime and Punishment in the 1800s APPENDIX 3: Some Primary Sources. Select bibliography. Index

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Book SynopsisAs one of the UK's leading commentators, David Wilson shows how some serial killers stay in the headlines whilst others rapidly become invisible - or "unseen". Yet Mary Ann Cotton is not just the first but perhaps the UK's most prolific female serial killer, with more victims than Myra Hindley, Rosemary West, Beverly Allit or male predators such as Jack the Ripper and Dennis Nielsen. But her own north east of England and criminologists apart, she remains largely forgotten, despite poisoning up to 21 victims in Britain's 'arsenic century'. Exploding myths that every serial killers is a 'monster', the author draws attention to Cotton's charms, allure, capability, skill and ambition - drawing parallels or contrasting the methods and lifestyles of other serial killers from Victorian to modern times. He also shows how events cannot be separated from their social context - here the industrial revolution, growing mobility, women's emancipation. And concerning the reticence of 'human nature', Like Dr Harold Shipman, Cotton was allowed to go on killing despite reasons to suspect her.The book contains other resonances to aid understanding of how serial murderers can continue to kill despite such things as coincidence, gossip, whispers or motives that become more obvious with the benefit of hindsight. It is also a detective story in which the persistence of a single individual saw Cotton tried and executed, events analysed first-hand and in detail from the records.Trade Review'A fascinating book... The historical research is illuminating'- feminists@law; 'The great strength of Wilson's book is in providing an extensive examination of Mary Ann Cotton and the murders she committed, framed within the context of Britain's industrial revolution ... an interesting and useful book'- Howard Journal of Criminal Justice; 'This book is an enthralling read. I started off firmly believing that Mary Ann Cotton was innocent - that, indeed, there had been no murders. David Wilson's meticulous research, his eye for detail, his forensic ability to reconstruct the material that survives, and assess the probabilities where gaps remain in the record, opened my eyes. He does not write generic "true crime", but history of the highest order': Judith Flanders, best-selling author, journalist and historian.

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Book SynopsisIn this first full-length account of Helena Normanton's life and career, Judith Bourne tells of her fight to join the Bar of England and Wales and open it up to women. The book describes how her ambition was forged as a child after seeing her mother patronised by a solicitor. It tells how the press were quick to pigeon-hole and harass her, leading to disciplinary proceedings for 'self-advertising'. Enmeshed in a world of men, Helena Normanton faced a constant struggle to establish herself against a backdrop of prejudice, misogyny and discrimination - as when solicitors, fearful of the unknown, were reluctant to instruct her, leaving her to take on poor person's cases, dock briefs and those 'deemed suitable for a woman'. But Helena Normanton was a force to be reckoned with. She was not just the first woman to be admitted to an Inn of Court, hold briefs in the High Court and Old Bailey, and (with Rose Heilbron) be made a King's Counsel, but a prolific author, leading feminist and speaker who entranced audiences at home and abroad. Along with the controversies that eternally surrounded her progress and her foibles, this is all contained in this captivating book.Trade Review'[ An ] excellent biography of Helena Normanton, brilliantly researched by Judith Bourne... a captivating book for all aspiring barristers to read'-- Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers; 'Succeeds ... in rendering Helena Normanton as a human being, a woman with grit and aspiration, whose experiences were as often disappointing as they were celebratory ... A fine achievement!'-- Professor Mary Jane Mossman (from the Foreword)Table of ContentsForeword: (Re)Discovering Helena Normanton by Mary Jane Mossman; Introduction; 1. Helena Normanton's Early Years; 2. Helena in Context: The Struggles for Women's Equal Rights; 3. Closed Doors at the Inns of Court; 4. After Joining and Inn; 5. Helena Normanton's Emerging Legal Career; 6. America; 7. Back On Home Soil; 8. Later Legal Work and Helena Normanton's Attitude To Practice; 9. Campaigns; 10. Helena's Death; Endnotes; Selected Bibliography; Index

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Book SynopsisThe case of Lizzie Bordon is one of the most infamous in criminal history having spawned songs, plays and media speculation. It also ranks as one of the most puzzling. Having been acquitted of the axe murders of both her parents, Borden then returned home and carried on as before only to be roundly ostracised by the stoutly religious local community. Prosecutors never charged anyone else. Here, author Ronald Bartle revisits events in Fall River, Massachusetts in 1892. He explains how her answers to police questions were at times strange and contradictory and her accounts often bizarre. With so many pointers to her involvement in the killings her trial has been compared to that of O J Simpson in the modern day. Whatever the justice of the situation, no-one wanted to see a woman hanged. The case is immortalised in legal folklore as well as the children's skipping rhyme:Lizzie Borden took an axeAnd gave her mother forty whacks.When she saw what she had done,She gave her father forty-one.A refreshing account of a very famous case. Contains legal and other analysis. A fly-on-the-wall view of the nineteenth century USA justice system. A true story that reads like a thriller.From the text: "The essence of the prosecution case in the Borden trial is simply: If Lizzie didn't do it who else could have done? But when that is the proposition before a jury trying a defendant who enjoys from start to finish the presumption of innocence that is not enough...There is a difference between feeling certain that the defendant is guilty-and the sufficiency of the evidence to prove it. The method of criminal trial in Anglo-American jurisprudence is weighted in favour of the defendant...But as a system of justice it is, like democracy, though imperfect, better than all the others."Table of ContentsCopyright and publication details; About the author; Acknowledgements; Dedication; Lizzie Borden in Popular Culture; Floorplans. 1.The Case Against Lizzie Borden; 2.The Background; 3.Before the Holocaust; 4.Lizzie's Visit to Alice; 5.The Inquest;6.The Scene is Set; 7.The Murder of Abby Borden; 8.The Murder of Andrew Borden; 9.The Evidence of Hannah Reagan; 10.The Blood Mystery; 11.The Murder Weapon; 12.The Burning of a Dress; 13.The Alibi; 14.The Exclusion of the Inquest Evidence; 15.The Exclusion of the Prussic Acid Evidence; 16.Lizzie's Failure to Give Evidence; 17.Closing Speeches and Charge to the Jury; 18.The Conclusion. Select Bibliography. Index.

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Book SynopsisIn August 1966, two weeks after England won the World Cup, and four miles from Wembley Stadium, Harry Roberts and his associates gunned down three unarmed police detectives in front of dozens of primary school children. The nation was outraged and struggled to understand what had happened. Roberts had served in the special forces during the conflict in Malaya and claimed he was assigned to kill selected targets. He returned to the UK keen to continue such work in civilian life, but he was rejected by the two gangs that dominated the London Criminal Underworld in the 1960s, the Krays and the Richardsons. Prophetically, they considered him to be too violent. Following the Shepherd's Bush Massacre, Roberts' accomplices, John Witney and John Duddy, were quickly arrested, but Roberts went to ground, using the survival and camouflage skills that he had learned in the British Army. Harry Roberts and Foxtrot One-One covers every detail of the investigation and manhunt that followed, from arrest, trial and imprisonment to Roberts' eventual (and controversial) release. One of the most notorious crimes of the 20th century. The case that led to the police firearms training arrangements seen today. Looks at the tragic impact on the victims' families. By a former senior Metropolitan Police armed officer.Trade Review'This is a successful book covering a famous crime within British history. Whether you know this case or its details are new to you, Harry Roberts and Foxtrot One-One is recommended reading for an intrigued and curious true crime reader, covering a case in the UK that will never be forgotten... A fascinating look at a triple murder, high-profile police investigation and the capture and trial of the killers, populated with images and historical narrative to root the telling of this crime in the era it took place'-- Crime Traveller; '...highly recommended for anyone who has an interest in crime, or for criminology students - it is a must read'-- Bob Turney; 'This important book from Waterside Press covers meticulously every detail of the investigation and manhunt that followed, from arrest, trial and imprisonment to Roberts' eventual (and his controversial) release.'-- Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers.Table of ContentsForeword Mike Waldren QPM; Introduction; The Murders; The Victims; The Area-- F District; The Detectives; The Investigation; John Witney and John Duddy; Harry Roberts-- This Is Your Life; The Women in Harry Roberts' Life; So Why Braybrook Street?; The Trial; Imprisonment For Life (Prisoner 231191); Roberts' Release; Epilogue-- Meeting Harry Roberts; Index.

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Book SynopsisA long-overdue exposé of the astonishing yet shadowy power wielded by the world’s largest law firms. Though not a household name, Jones Day is well known in the halls of power, and serves as a powerful encapsulation of the changes that have swept the legal profession in recent decades. Founded in the US in 1893, it has become one of the world’s largest law firms, a global juggernaut with deep ties to corporate interests and conservative politics. A key player in the legal battles surrounding the Trump administration, Jones Day has also for decades represented Big Tobacco, defended opioid manufacturers, and worked tirelessly to minimise the sexual-abuse scandals of the Catholic Church. Like many of its peers, it has fought time and again for those who want nothing more than to act without constraint or scrutiny — including the Russian oligarchs as they have sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, New York Times Business Investigations Editor and bestselling author David Enrich at last tells the story of ‘Big Law’ and the nearly unchecked influence these firms wield to shield the wealthy and powerful — and bury their secrets.Trade Review‘A withering study of how big law got into bed with the 45th president … Informative and disturbing … as much a rebuke of one large firm as it is an indictment of Trump’s Republican party.’ -- Lloyd Green * The Guardian *‘A blistering study.’ -- Lawrence Douglas * TLS *‘Servants of the Damned is a feat of thoughtful, detailed research, rendering with clarity and even compassion the moral drift of ‘big law.’ As an attorney, I found it illuminating — but this is important reading for anyone concerned about law and policy.’ -- Ronan Farrow, Pulitzer Prize–winning author of Catch and Kill‘This fascinating book is somehow both devastating and rollicking all at the same time. Enrich brings us into the room to watch how a modest law firm built on honourable service gradually becomes an uber-shield for the worst of American greed and abuse — all in the quest for enormous billable profits and outsized power. From handling a fatal gas explosion to terrorising a tobacco whistleblower to aiding Donald Trump, it's all in here.’ -- Carol Leonnig, Pulitzer Prize–winning co-author of A Very Stable Genius and author of Zero Fail‘A fast-moving, damning book … Essential reading for students of the Trump corruption machine.’ -- Kirkus Reviews, starred review‘The legal industry has sold its soul to deep-pocketed corporations and polarising politicians, according to this impassioned indictment of international law firm Jones Day and its peers … Enrich’s history of Jones Day probes the corrosion of ethics after the advent of law firm ads in the 1970s touched off a spiral of money-grubbing, and sketches engrossing vignettes of the predatory culture that resulted … a vivid, crackling account of the law at its most bullying. Readers will be outraged.’ * Publishers Weekly *Praise for Dark Towers: ‘A revelatory book about the rise and fall of the world’s biggest bank … Has all the elements of a page-turning mystery novel.’ * Washington Post *Praise for Dark Towers: ‘Enrich compellingly shows how unchecked ambition twisted a pillar of German finance into a reckless casino where amorality and criminality thrived.’ * New York Times Book Review *Praise for Dark Towers: ‘In Dark Towers, David Enrich tells the story of how one of the world’s mightiest banks careened off the rails, threatening everything from our financial system to our democracy through its reckless entanglement with Donald Trump. Darkly fascinating and yet all too real, it’s a tale that will keep you up at night.’ -- John Carreyrou, Pulitzer Prize winner and New York Times bestselling author of Bad Blood

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Book SynopsisThe story of Jewish emancipation is not well-known, nor how Jews came to make such a significant contribution to the law and democracy in England. This book recounts how Jews first came to England, were expelled, returned, and eventually assumed their place in Parliament and on the bench in court. It tells of the first Jewish politicians, lawyers and judges who later occupied prominent roles as President of the Supreme Court, Lord Chief Justice, Master of the Rolls and Attorney-General. The turning point was an 1858 Act of Parliament which allowed Jews and others to take an oath compatible with their own religious beliefs (extending comparable benefits conferred on Catholics almost 70 years before). This opened the doors for the first unconverted Jewish MP, Lionel de Rothschild who won a seat in the House of Commons four times without until then being able to occupy it. The book surveys Jewish tradition from ancient times to the days when modern governments turned to Jewish lawyers in troubling moments - and it lists lawyers famous and less well-known: judges, politicians, the innovators, the experts, and the mavericks who helped build the system we have today.Trade Review'As this superb book shows... the Jewish contribution to English law has been enormous. How? Read the book.'-- The Law Society Gazette; ‘A brisk and cheerful anthology of the unique contribution made by scores of distinguished Jewish judges and lawyers to English law’-- Jonathan Goldberg QC, Jewish Chronicle; 'An interesting, well-researched, erudite and often humorous account... well-written, and clearly a labour of love.'-- Jacqueline Levene LLB (Hons), Honorary Secretary, UK Association of Jewish Lawyers and Jurists; 'This is a very good book and owing to Barrington Black's rather cheery style most readable'-- Brian P Block JP.Table of ContentsIntroduction; The Attraction of the Law; Oaths and Vows; Early Days in England; The Laws of England Concerning Jews; Conversion and Return; 'We May Give You the Laws, But ... '; The First Jewish Lawyers; Bar and Bench; Into the Twentieth Century; Judicial Appointments High and Low; Jewish Lawyers in Politics; The Doors Were Open to All; Some Notable Jewish Solicitors; Epilogue; Selected Bibliography; Index.

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Book SynopsisThis open access book explores the history of risk management in medieval and early modern European maritime business, focusing particularly on 'General Average' – a mechanism by which extraordinary expenses regarding ship or cargo, incurred during a voyage to save the venture, are shared between all participants to protect equity. This volume traces the history of this risk management tool from its origins in the pre-Roman Mediterranean through to its use in the shipping sector today. Contributions range from the Islamic Mediterranean to the Low Countries, and taken together, provide a wide-ranging analysis of social, cultural, and political aspects of pre-modern maritime commerce in Europe. Table of ContentsPart 1: Why and How Risk is Shared.- 1. Introduction: Sharing Risks, on Averages and Why they Matter; Maria Fusaro.- 2. General Average and All the Rest: The Law and Economics of Early Modern Maritime Risk Mitigation; Ron Harris.- 3. Risky Narratives: Framing General Average into Risk-Management Strategies (13th-16th Centuries); Giovanni Ceccarelli.- Part 2: Origins and Variants of Mutual Protection.- 4. General Average in Byzantium; Daphne Penna.- 5. Rules and Practices of General Average in the Islamic Mediterranean on the Eve of the Emergence of the Italian Communes; Hassan Khalilieh.- 6. Principles and Developments of General Average: Statutory and Contractual Loss Allowances from the Lex Rhodia to the Early Modern Mediterranean; Andrea Addobbati.- Part 3: The Iberian Experience.- 7. The ‘Mutualisation’ of Maritime Risk in the Crown of Castile, 1300-1550; Ana María Rivera Medina.- 8. General Average, Compulsory Contributions and Castilian Normative Practice in the Southern Low Countries (Sixteenth Century); Gijs Dreijer.- 9. The Nautical Republic of the Carrera de Indias: Commerce, Navigation, Casos Fortuitos and Avería Gruesa in the Sixteenth Century; Marta García Garralón.- Part 4: The Genoese Experience.- 10. General Average in Genoa: Between Statutes and Customs; Antonio Iodice.- 11. The Economic Structure of Maritime Trade Calling at the Port of Genoa through the Analysis of General Average Data (16th-17th centuries); Luisa Piccinno.- 12. Financing and Risk in Genoese Maritime Trade during the Eighteenth Century: Strategies and Practices; Andrea Zanini.- Part 5: Mature Systems.- 13. Divide and Rule: Risk Sharing and Political Economy in the Free Port of Livorno; Jake Dyble.- 14. GA Adjustments in Amsterdam: Reinforcing Authority through Transparency and Accountability (late Sixteenth - early Seventeenth Century); Sabine Go.- 15. ‘The Honour of Giving my Opinion’: General Average, Insurance and the Compilation of the Ordonnance de la Marine of 1681; Lewis Wade.

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Book SynopsisDieser Band macht das System des Zivilprozeßrechts von Oskar Bülow (1837-1907) in Form einer Vorlesungsnachschrift erstmals für die Forschung zugänglich. Oskar Bülow war von den prozessualen Dogmatikern des späten 19. Jahrhunderts derjenige, der das moderne deutsche Zivilprozeßrecht am nachhaltigsten beeinflußt hat. Grundlegende Änderungen des prozessualen Denkens wie die methodische Unterscheidung von Zulässigkeit und Begründetheit, die Vorstellung einer einseitigen Prozeßbegründung ohne reale oder fingierte Mitwirkung des Beklagten und die Beachtung der Rechtskraft von Amts wegen gehen auf seinen Einfluß zurück. Da Bülow nur Monographien und Aufsätze, aber kein Lehrbuch hinterlassen hat, war es bisher nicht möglich, sein prozessuales Denken anhand eines von ihm selbst ausgearbeiteten Gesamtsystems zu studieren. Für die erste Phase von Bülows Entwicklung füllt diese Edition daher eine bisher schmerzlich empfundene Lücke. In der Einleitung zeigt Johann Braun auf, wie die von Bülow vorgenommenen Weichenstellungen im Positiven wie im Negativen auch noch das heutige prozessuale Denken bestimmen.

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Book SynopsisWährend Friedrich Nietzsche als eine der bedeutendsten Figuren innerhalb der deutschen Kulturgeschichte gilt, wird sein Einfluss auf den juristischen Diskurs als marginal beurteilt. Es scheint, als hätten sich die Rechtsphilosophen und -theoretiker einer vertieften Auseinandersetzung mit dem Denker enthalten. Sophia Gluth hinterfragt diesen Umstand und beleuchtet, ob und wie theoretisierende Juristen mit Nietzsche umgegangen sind. Dabei deckt sie ein Phänomen auf, das bisher weder gesehen noch beschrieben wurde: die konstante Rezeption Friedrich Nietzsches in der Rechtswissenschaft. Untersucht werden die Rezeptionsansätze vom Kaiserreich bis in die Gegenwart. Die juristischen Nietzsche-Lektüren u.a. des Freirechts, der "Konservativen Revolution", der Nationalsozialisten sowie der Postmoderne werden dabei stets eingebettet in ihre kulturelle und soziologische Umwelt. Erzählt wird so eine - nicht zuletzt bedrückende - juristische Ideen- und Mentalitätsgeschichte des 20. Jahrhunderts.

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Book SynopsisWinner of the Ramnath Goenka Award 2020On 26th January 1950 India became a republic, shedding its last links with its colonial past and inaugurating a new era of liberty and freedom. With fundamental rights and civil liberties guaranteed by the state, the new constitution was universally acclaimed as the world's greatest experiment in liberal government'. This idealistic birth of a new republic meant a clean break with a repressive past. And yet, barely twelve months later, the very makers of the constitution were denouncing their own creation. Passed in June 1951, the First Amendment to the Constitution was a pivotal moment in Indian constitutional history. Sixteen Stormy Days explores the contentious legacy of this First Amendment which drastically curbed freedom of speech, restricted freedom against discrimination and circumscribed the right to property. It follows the sixteen days of debate that led up to it, the people that created it, the great battle waged against it andTrade Review‘A page-turner’ * Soutik Biswas, India Correspondent, BBC *‘Exhaustively researched… very readable…’ * Open Magazine *‘A compelling read’ * Firstpost *‘History written as thriller… exceptional’ * LiveMint *‘A scintillating examination of the First Amendment… Brings the legacies of Nehru and Modi uncomfortably close…’ * The Telegraph *‘Extremely well researched, beautifully written and qualitatively brilliant’ * Comparative Constitutional Law and Administrative Law Journal *‘…simply written, yet riveting account will appeal to legal and academic scholars, as well as a wide readership of interested citizens’ * South Asia Research *This riveting book highlights Nehru’s role in post-colonial India’s first constitutional crisis. Singh’s nuanced perspectives comprehensively capture the historical and legal contexts that defined the event. It is masterfully written—a book for anyone who wants to look behind the veil of the world’s largest constitutional democracy. -- Adeel Hussain, Associate Professor of Legal Studies, New York University, USAThis book is dynamite. It will shock those who take a rosy view of the Constitution and the freedoms it grants to Indian citizens. This story, so far untold, should lead to a serious re-examination of the history and contents of the Constitution. -- Lord Meghnad Desai, Emeritus Professor, London School of Economics, UKA long overdue study of the way in which the liberties guaranteed by India’s constitution were sabotaged by the very government that had promulgated it, thus returning the newly independent state to its colonial origins. -- Professor Faisal Devji, University of Oxford, UKThis blow-by-blow account of the first amendment of the Indian Constitution—arguably the most far-reaching—upends many a comforting myth about the Indian republic. Singh’s gripping account of this hitherto understudied and high-stakes political battle is at its provocative best when it challenges efforts at understanding the past through the lens of one-dimensional heroes and villains. -- Mrinalini Sinha, author of Spectres of Mother India: The Global Restructuring of an EmpireTable of ContentsIntroduction 1. The Build Up 2. Will the People Wait 3. The Deepening Crisis 4. The Gathering Storm 5. The Clouds Burst 6. The Battle Rages 7. The Aftermath Notes Index

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Book SynopsisHow did pre-modern merchants provide for predictability in situations of legal pluralism?

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Book SynopsisThe trial of former SS lieutenant and Gestapo chief Klaus Barbie was France’s first trial for crimes against humanity. Known as the Butcher of Lyon during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention. Justice in Lyon is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie’s many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as well as recently released archival sourcTrade Review“[Justice in Lyon] is a judicious, clearly written, and well-researched study which will now become the standard work on the subject.” -- Julian Jackson, Queen Mary University of London * H-France Review *Table of ContentsIntroduction 1. Klaus Barbie: Nazi “Idealist” 2. The Historical Judicial Backdrop: From Nuremberg to the 1980 Cologne Trial of Kurt Lischka, Herbert Hagen, and Ernst Heinrichson 3. The Investigation: War Crimes, Crimes against Humanity, and the Long Road to Compromise 4. The Barbie Trial Begins: Opening Rituals and the Departure of the Accused 5. The Witnesses 6. The Civil Parties and Prosecution Make Their Case 7. Barbie’s Defence Takes Centre Stage Conclusion

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Book SynopsisArgues that African American literature has profound and deliberate legal roots. Tracing this throughline from the eighteenth century to the present, Christopher Brown demonstrates that engaging with legal culture in its many forms - including its conventions, paradoxes, and contradictions - is paramount to understanding Black writing.

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Book SynopsisSome of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, and social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbook''s focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

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Book SynopsisA social history of everyday family life in the Ottoman Empire, this book offers a groundbreaking examination of the relations between and transformations of family, property, and gender regimes. In addition to offering an analysis of a wide variety of sources, it also challenges prevailing assumptions about modern Middle Eastern societies.Trade Review'Beshara Doumani's Family Life in the Ottoman Mediterranean is a mature work built on painstaking scholarship that breaks conventions in both family and legal history; moreover, it covers a period for which documentation is difficult and historiographic cliché abundant. Doumani combines control of juridical doctrine (the rules of the game) with longitudinal case material from the shariʿa court records to describe contrasting patterns of family life and property devolution in two major provincial towns - Tripoli and Nablus. The research tackles radical questions: how to explain major divergence in patterns of women's entitlement under the same legal tradition, and how to document and to conceptualize political economies of family-property in such a way as to explain real difference under the law?' Martha Mundy, Professor Emeritus, London School of Economics and Political Science'In his superb social history of the differing property strategies pursued by Muslim families in contrasting Levantine settings, Beshara Doumani, our leading reader of the essential sources - the litigation records, wills and contracts preserved in the registers of the shariʿa courts - addresses pre-modern forms of estate planning based on the venerable Islamic legal institution of the private, or family endowment, and also makes important new observations concerning the agency of women.' Brinkley Messick, Columbia University, New York'Brilliantly capturing the determined will of women to master their own fate, control family property, and live comfortable lives, Beshara Doumani's comparative study of waqf and property devolution in Nablus and Tripoli from the seventeenth to the nineteenth centuries breaks through court cases to reveal how micro struggles over kinship and power expose the macro foundations of law and society of that period - and lay the foundation for the tools of modern state governance.' Suad Joseph, Distinguished Professor, University of California, Davis'… an outstanding contribution to Ottoman and Middle Eastern social history. It is also a testimony to the intellectual gains that come from painstaking and labor intensive research … This book is essential, and delightful, reading for anyone interested in the history of the family, of gender and of property regimes in the Middle East, as well as the social history of the Ottoman Empire.' Molly Greene, Middle East Journal'This book is the starting point for researchers interested in Sharia court records in Greater Syria (1650–1850). Numerous charts, genealogical tables, maps, photos, and an appendix that discusses and indexes the court records of Tripoli and Nablus enrich the text. This sophisticated, fine-grained study is meant for advanced students and specialists. Recommended.' J. Tallon, Choice'Doumani's tightly knit argument for the historical dynamism and flexibility of Islamic legal traditions and against monolithic and unchanging notions of family and gender in the Ottoman Mediterranean is a remarkable achievement.' Najwa al-Qattan, The Journal of Interdisciplinary History'The book is a significant contribution to the newly emerging field in Middle Eastern studies that examines the political economy of family and household formation through long-term comparative analysis of demographic and legal resources … The rich and diverse bibliography and extensive notes make the book essential for students of family, gender and legal history.' Efe Erünal, Continuity and Change'… it makes a significant contribution to the historiography on law in the Ottoman domains.' Guy Burak, Comparative Studies of South Asia, Africa and the Middle East'… Doumani's study makes crucial contributions to the study of the family and kinship in the Eastern Mediterranean and beyond … Doumani's book opens space for further use of these records, especially to learn more about Islamic legal history and the relation of sharia, state, and community.' Nada Moumtaz, Comparative Studies of South Asia, Africa and the Middle East'… the beauty of Doumani's book is that he insists on the productive labor of both quantitative and qualitative methods … The success of his book stands as a reminder of the cost of one-size-fits-all PhD timelines and evaluation standards that emphasize quantity over quality.' Julia Stephens, Comparative Studies of South Asia, Africa and the Middle East'Doumani's book is extremely insightful … constitutes a significant landmark in the family and social histories of the Ottoman Middle East.' Iris Agmon, Journal of Levantine StudiesTable of Contents1. Maryam's final word; 2. Hamida's children come of age: the shariʿa court and its archives; 3. The different designs of Husayn and ʿAbd al-Wahid: the waqf as a family charter; 4. Good deeds: the family waqf as a social act; 5. Who's in? Who's out? The waqf as a boundary marker; 6. Property and gender: the political economy of difference; 7. Fatima's determination; Bibliography; Index.

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Book SynopsisTrade ReviewChapman and McConnell take the reader on an illuminating journey through British and early American establishments, relevant developments in the nineteenth century, and eight decades of modern Establishment Clause interpretation. Building on a well-articulated view of the clause's animating values, they argue that a jurisprudence rooted in history will yield greater religious liberty and pluralism. Agreeing to Disagree enters the constitutional discourse at an especially critical time now that the Supreme Court has moved into the uncharted interpretive territory of 'historical practices and understandings.' * Angela C. Carmella, Professor of Law, Seton Hall University School of Law *Chapman and McConnell provide a clear-eyed and carefully crafted defense for the first freedom stated in the Bill of Rights. Their discussion of religious accommodations is essential reading, as it can help lower the temperature and advance the political pluralism to which the nation is committed. * Abner S. Greene, author of Against Obligation: The Multiple Sources of Authority in a Liberal Democracy *Chapman and McConnell draw on decades of their scholarly analysis and litigation experience to offer the broader public a concise and jargon-free guide to the First Amendment's religion clauses. This elegant book makes a persuasive case that we cannot interpret the Constitution's non-establishment directive without a deep historical appreciation for the type of established church the Founding generations feared. The resulting principles call for an approach grounded in pluralism rather than secularism and offer a framework for the many law and religion controversies that will almost certainly come before the Supreme Court. * Chaim Saiman, Professor of Law, Villanova University Charles Widger School of Law *The First Amendment prohibition on religious establishments was one of America's most original contributions to Western constitutionalism. But it has become deeply controversial in recent Supreme Court cases and culture wars. In Agreeing to Disagree, two of the nation's leading scholars of religious liberty call for a return to the American founders' cardinal insight that liberty, justice, and civic peace are best served when government remains neutral toward religion and avoids coercing or inducing any religious beliefs or practices. Judges, scholars, and interested citizens alike will find much to savor in this bracing and brilliant text. * John Witte, Jr., co-author of Religion and the American Constitutional Experiment *Outstanding new book. * Law and Liberty *The Kennedy Court's rejection of secularist suppression was the perfect moment for the justices to substitute this norm for its ahistorical secularist mandates. Sometimes, the antidote to bad doctrine is better doctrine, not no doctrine at all. But the Court has unfortunately chosen to proceed by dead historical reckoning. There is no better compass for that journey than Agreeing to Disagree. * Gerard Bradley, Public Discourse *Table of ContentsIntroduction Part I: History 1. Establishment at the Founding 2. Framing the First Amendment 3. Disestablishment in the States 4. Application of the Establishment Clause to the States Part II: Modern Controversies 5. The Rise and Fall of the lemon Test 6. Accommodation of Religious Exercise 7. No-Aid Separation, Neutrality, and Religious Schools 8. Prayer, Bible Reading, and Coercion 9. Conflicts Over Symbols 10. Church Autonomy 11. Conclusion: Neutrality Beyond the Establishment Clause

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Book SynopsisOnly the Clothes on Her Back illuminates the ways in which women, men of color, and poor people used textiles as a form of property that enabled them to gain access to the legal system and to exercise political power.Trade ReviewOnly the Clothes on Her Back is an illuminating book-one likely to refashion our understanidng of American economic, legal, material and social history. * Eva Sheppard Wolf, Journal of Southern History *Reading Only the Clothes on Her Back is a unique experience because Edwards (Princeton Univ.) makes economic history enjoyable...Edwards has written an analysis of aspects of fabrics that this reviewer did not know existed and written it very well indeed. * Choice *A masterpiece....well-written, deeply thought-provoking....Edwards has clearly poured her expertise into this account of the history of textiles in the USA and their unique legal standing. Using elements of microhistory, Edwards presents detailed case studies to cement her argument and emphasizes the importance of garments to women who otherwise had little to no legal standing. Marginalized people, largely women and slaves, could own textiles, trade them, and expect courts to maintain their claim to the items.... Edwards teases out the strands of this tangled web of textile history and excellently portrays the connection between fabric and burgeoning globalization....While focusing almost entirely on the USA, the global nature of the subject makes excellent reading for historians of all nations. * Caroline M. McWilliams, Twentieth Century British History *Reading Only the Clothes on Her Back is a unique experience because Edwards makes economic history enjoyable. Looking at the implications of women's roles in cloth production, she argues that textiles and finished garments constituted a rare commodity that even married women, unmarried daughters, and/or enslaved women controlled apart from their husbands and masters. Each chapter begins with a well-researched anecdote about some aspect of the trade, which does double duty, imbuing what otherwise might be just dry facts with humanity and also infusing the book with humor—the stories are often hilarious....Edwards has written an analysis of aspects of fabrics that this reviewer did not know existed and written it very well indeed. Highly recommended. General readers through faculty. * Choice *Laura Edwards has produced a masterpiece that forever changes how we see the nineteenth century's ubiquitous textiles and the women who worked, stole, hoarded and wore them. Only a scholar like Edwards, with insights that go beyond conventional notions of property and ownership, could recover the astonishing stories about how those without rights still exercised legal dominion over fabric and their economic lives. Only the Clothes on Her Back smartly debunks simple cultural truisms about women and their adornments, revealing how ordinary Americans, even those marginalized in public law, connected to global markets and remade those forces by their own terms in the local courthouses of the early Republic. * Martha S. Jones, author of Birthright Citizens: A History of Race and Rights in Antebellum America *With elegance, creativity, and a fitting touch of wit, Laura Edwards unfolds the world of early American textiles in this brilliantly original study of gender, race, material exchange, and the law. The seemingly small arena of gowns, sheets, and hosiery as revealed through her careful research proves massively impactful to those who were marginalized by society as well as to merchants and manufacturers. While enslaved people, free Blacks, and white women could not claim personal rights, they could and did own all manner of fabrics, which they saved, traded, and defended in a complex legal culture that defies our modern expectations but would not last. The Clothes on Her Back transforms our understanding not only of lace, looms, and law, but also of nineteenth-century American lives. * Tiya Miles, author of All That She Carried: The Journey of Ashley's Sack, a Black Family Keepsake *In Only the Clothes on Her Back, Laura Edwards combines daunting archival research with a brilliant synthesis of generations of scholarship to put women, both Black and white, at the heart of American legal and economic history between the Revolution and the Civil War. Laced with wit, and knitting race, class, and gender into a seamless fabric, Edwards poignantly and powerfully brings home what was gained and lost when America became 'a nation of rights.' * Dylan C. Penningroth, University of California, Berkeley *In this revelatory book, Laura Edwards explains the extraordinary significance that textiles once held in the American economy and legal system. A book of scrupulous research and a profoundly revisionist account of the workings of property, gender and the law in America between the Revolution and the 1860s. * Deborah Cohen, Northwestern University *In Only the Clothes on Her Back, Edwards has addressed an important but underexplored aspect of nineteenth-century economic life. She reveals the ways in which textiles shaped, and were shaped by, people at the margins of economic and legal culture in America. She shows how clothing can be a useful and generative lens through which to understand law and power in the nineteenth century. Edwards's triumph is that she has shown through her deft and incisive analysis that textiles influenced much more than the clothes that people wore. Instead, textiles shaped the very nature of law and economy during the nineteenth century. * Justene Hill Edwards, H-Diplo *Table of ContentsAcknowledgments Introduction: Elizabeth's and Caty's Failed Escapes: The Materials of Legal Meaning Part One: Old Clothes in a New Country Chapter 1: Polly's Yarn: Legal Principles Chapter 2: Roger Taney's Long Underwear: Federalism Chapter 3: Mr. Robinson's Failure: Merchants Chapter 4: Rebecca Coles's Factory: Manufacturers Part Two: Protective Coverings in a Hostile World Chapter 5: The Prison Society's Problem: Currency Chapter 6: Jane Cooley's Loom: Capital Chapter 7: Margaret Ten Eyck's Accounts: Credit Chapter 8: Eliza Cauchois's Shift: Exchange Part Three: Rags Chapter 9: Sarah Allingham's Sheet: Enforcement Chapter 10: Catherine Brennan's Haul: Criminality Chapter 11: Charles Lohman's Silk Dresses: Suppression Chapter 12: Mrs. Harris's Marriage: Erasure Conclusion: Mary Todd Lincoln's Old Clothes: Just Material Notes Bibliography Index

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisDocuments how Western traditions influenced the formation of Taiwan's legal structure through the conduit of Japanese colonial rule and demonstrates the extent to which legal concepts diverged from the Chinese legal tradition and moved toward Western law. This work is an analysis of the history and evolution of "western" law in Taiwan.Table of ContentsPreface Introduction Background of Legal Reform Reception of Western Law in Colonial Legislation Modern Judiciary in the Colony Criminal Justice and Changing Society Westernization of Civil Justice Appraisal and Legacy Conclusion Appendix A: Development of Taiwanese Law Appendix B: The Law Relating to Laws and Ordinances Appendix C: The Civil, Commercial, and Criminal Law Appendix D: The Bandit Punishment Law Glossary Abbreviations Notes Bibliography Index

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Book SynopsisA study of the internal tensions of British imperial rule told through murder and insanity trialsTrade ReviewShortlisted for the Stansky Book Prize, sponsored by the North American Conference on British Studies (NACBS)Shortlisted for the Wallace K. Ferguson Prize, sponsored by the Canadian Historical Association (CHA)“Unsound Empire reconnoitres with late-Victorian jurists and medical men struggling with prisoners too dangerous to release and too mad to hang. Catherine Evans’s micro-histories are strewn with eccentric characters and thick with tales that sparkle with stunning prose.”—Constance Backhouse, University of Ottawa“This original, bold and beautifully crafted book brings legal history, the history of medicine and imperial history into dialogue. A must-read for anyone interested in a critical history of the British Empire.”—Renaud Morieux, author of The Society of Prisoners: Anglo-French Wars and Incarceration in the Eighteenth Century

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Book SynopsisMotherhood, Respectability and Baby-Farming in Victorian and Edwardian London explores a largely obscured marketplace of motherhood that provided ways for women to manage the stigma of illegitimacy and their respectable identities within Victorian and Edwardian society. It focuses on the extent of womenâs âdirty workâ, when maternal problem management was fundamental to the general maintenance of respectability and, by extension, to Empire and Civilisation.Despite its intrigue, history has struggled to understand and represent an uncomfortable but significant artefact of Western modernising society: âbaby-farmingâ. During a period when ideologies of respectability and civilisation arguably mattered most, the ârightâ kind of parenthood â especially motherhood â became paramount. As the âwrongâ offspring could jeopardise a womanâs chances of being respectable, a wholesale, informal, and somewhat clandestine marketplace emerged that catered to various maternal difficult

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Book SynopsisDraws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to investigate, historically and comparatively, the relationship between the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome.

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Book SynopsisBased on extensive archival research, this book offers a historical examination of the arrest, trial and punishment of the leaders of the SS-Einsatzgruppen - the mobile security and killing units employed by the Nazis in their racial war on the Eastern front.Trade ReviewReview of the hardback: '… illuminating … Earl has undertaken original and extensive archival research and safely takes her place with other major scholars working on Nazism's historical and legal legacy. … convincing and … devastating.' Edinburgh Law Review'Earl's conclusions augment the … scholarly examinations of the necessary but imperfect judicial reckoning with |Nazism.' The Journal of Central European HistoryTable of ContentsIntroduction; 1. The United States and the origins of the subsequent Nuremberg trials; 2. Otto Ohlendorf and the origins of the Einsatzgruppen trial; 3. Defendants; 4. Defense; 5. Trial; 6. Judge and judgment; 7. Aftermath; Conclusion.

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