Legal history Books

Book SynopsisJohn M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King''s laws. Further, it was a vital component of both England''s domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.Trade Review'[Collins] offers a comprehensive history of a law that has been 'hiding in plain sight', neglected, or misunderstood by generations of lawyers and historians influenced by martial law's subsequent history. The result is a rich and important study that has implications for the wider histories of empire, governance, and the nature of legal change.' Tim Stretton, Journal of Modern History'The book is well written and follows a logical structure. … achieves much in its wider aims of helping readers make sense of the many forms martial law took in the Anglophone world over this long and complicated period.' Andrew Hopper, The English Historical ReviewTable of ContentsIntroduction; Prologue; Part I. A Jurisprudence of Terror: 1. Making martial law; 2. Making summary martial law; 3. Transforming martial law; Part II. Martial Law and English Parliaments: 4. Bound by wartime: martial law and the petition of right; 5. Unbound by parliament: martial law and the Wars of the Three Kingdoms; 6. Bound and unbound: martial law in the Restoration empire; 7. The rise of martial law; Conclusion; Manuscript bibliography; Index.

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Book SynopsisBy extending the chronological parameters of existing scholarship, and by focusing on legal experts'' overriding and enduring concern with ''dangerous'' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (18611922) to the Fascist era (192243). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom''s penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penaTrade Review'Professor Garfinkel's book is one of those rare works of original scholarship that succeeds in covering both the Liberal and Fascist eras in Italian history at the national level. By concentrating on common crime rather than political crimes, he has developed an extremely original thesis that challenges the established interpretations of jurisprudence in the nineteenth and twentieth centuries.' Anthony Cardoza, Loyola University, Chicago'Paul Garfinkel's vivid account of the development of Italian criminal justice from the perspective of prominent criminal law practitioners relies on a stunning array of sources to craft a convincing argument. An insightful contribution to the study of European law and society, the book offers an important counterpoint to prevailing historiography.' Maura Hametz, Old Dominion University, Virginia'Eloquently written, and with a welcome focus on the treatment of ordinary rather than political crime, Garfinkel's ground-breaking book persuasively challenges scholarly understandings of the ideas and debates inspiring penal reform in Liberal Italy and the first decade of Mussolini's fascist regime.' Jonathan Dunnage, Swansea University'This elegantly written and widely researched study of criminal law in liberal and fascist Italy challenges the widely accepted view that Italy's 1930 criminal law code was fascist, positivist and anti-liberal in inspiration. Engaging with the wider debates on the relationship between liberalism and fascism, Paul Garfinkel's conclusions will attract the attention of scholars in many different fields.' John Davis, University of ConnecticutTable of Contents1. Body count; 2. Civilized violence; 3. Force of habit; 4. Tomorrow's criminals; 5. Grapes and wrath; 6. Coup, casualty and catalyst: the Ferri Code, 1919–25; 7. Fascism's legal Risorgimento, 1925–31; Conclusion.

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Book SynopsisDrawing on archival materials, the authors highlight the diversity and severity of psychological distress among white and African-American veterans of the Union army. Their findings concerning the recognition of veterans' post-traumatic stress disorders, treatment programs, and suicide rates will inform current studies on how to effectively cope with this enduring disability in former soldiers.Trade Review'The hidden injuries of war are by no means an invention of the last hundred years. Veterans of the American Civil War carried the often silent and unacknowledged traces of combat with them, in body and soul, for the rest of their lives. Logue and Blanck merit our gratitude for having brought the American soldiers of 1861–65, Northerners and Southerners, black and white, into the growing body of literature on the war-related mortality and morbidity of soldiers who return from war.' Jay Winter, author of War beyond Words: Languages of Remembrance from the Great War to the Present and editor of The Cambridge History of the First World War'Suicide amongst veterans is an enigma. It is shocking, deeply disturbing, and tragic in nature, with the potential of damning the impact of war. But, it is subject to extremes: it can either defy analysis due to underreporting and the elusive nature of assigning causation, or it can slip into a melodramatic tirade against war. Logue and Blanck recognize the subtleties of the subject, and deliver a nuanced consideration of the plight of Civil War veterans, centering on the topic of suicide. A must-read for those concerned about the impact of this or any war.' Eric T. Dean, Jr, author of Shook over Hell: Post-Traumatic Stress, Vietnam, and the Civil War'Logue and Blanck offer groundbreaking analyses and insights of how veterans across the spectrum of humanity perceived and coped with warfare's consequences. Logue and Blanck brilliantly open up new historical vistas, reminding me of the promise by which I closed The Center Cannot Hold: 'the humanity we all share is more important than the mental illness we may not'.' Elyn Saks, author of The Center Cannot Hold: My Journey through Madness, from the foreword'An important read for students of veterans affairs.' The NYMAS Review'… [the authors'] expansive source base, illuminating demographic comparisons, and nuanced portrait of the distinctive burden that Civil War soldiers had to bear are impressive.' Kathryn Shively Meier, The Journal of Interdisciplinary History'This genuinely interdisciplinary work offers the exciting potential opportunity for further research into veteran communities which integrates History, Law, Disability Studies, Medicine, and Policy.' Michael Robinson, War in HistoryTable of ContentsIntroduction; 1. What is a Union veteran?; 2. Changed men; 3. When war came; 4. Perilous years; 5. Aftershocks; 6. Trials of black veterans; 7. Heavy laden; Conclusion.

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Book SynopsisThe United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists. Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access.Trade Review'In the 2030 Sustainable Development Goals, world governments made a historic commitment to achieve 'access to justice for all'. This book is a must-read for anyone who, like me, believes in the urgency and vitality of that goal, and anyone who wants to understand how we go about achieving it. If 'access to justice' is an abstraction to you, it won't be once you read the stories in these pages of paralegals and clients seeking justice. Those stories are unforgettable. They hold lessons for all of us.' Mary Robinson, former President of Ireland and former High Commissioner for Human Rights'This book brings law to life in a thoroughly original way. It charts, with great empirical care, analytical acuity and historical sensitivity, the obstacles that lie in the path of making justice accessible to marginalized groups. It then addresses the question: to what extent can paralegals mitigate these obstacles? Through wonderful case studies of the incredibly innovative paralegal movement, it throws light on the toughest questions of our time: how can law become a site for an inclusionary imagination. Anyone interested in the future of law and justice will have to reckon with this book.' Pratap Bhanu Mehta, Vice-Chancellor, Ashoka University, India'This is a powerful guide to understanding one of the most promising emerging fields in the world today. Community paralegals are heroes on a daily basis. Each individual story is inspiring, and the global potential of this profession to change countless lives is thrilling.' Ricken Patel, Founder and CEO, Avaaz'Methodologically rigorous and deeply humane, this groundbreaking and hopeful book transports the reader to the frontlines of global community paralegal efforts to squeeze justice out of the most unlikely places. We bear witness to their successes as they champion the rights of individuals and communities against abuses of power by state actors, private corporations and dysfunctional justice systems. And through clear-eyed analysis of the challenges that community paralegals face, the book makes a convincing argument that only with sustainable financial resources, political will, and dedication to the cultivation of strong cadres of well-trained and supported grassroots advocates, can justice be a lived and long-lasting reality in the lives of the global masses.' Chi Adanna Mgbako, Director of the Leitner International Human Rights Clinic, Fordham University, New York'For many people in the United States and worldwide, the law is a ruse for oppression. Frontline legal advocates can help people turn law into the guarantor of equality it is supposed to be. This book shows us how.' Bryan Stevenson, Founder of Equal Justice Initiative and Macarthur Fellow'This book consists of detailed and impressive studies of a worldwide program that might well constitute a revolution in the making: relying on ordinary citizens to use the power and majesty of the law to protect their rights.' Owen Fiss, Sterling Professor, Yale University, Connecticut'This compelling volume not only demonstrates the significance of 'barefoot lawyering' in nations struggling for democracy. It contains important insights for the world wide effort to preserve and extend fundamental freedoms in the twenty- first century.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut'Community Paralegals and the Pursuit of Justice is a work of prodigious scholarship that represents a significant contribution to the development, human rights, and rule of law fields. Vivek Maru, Varun Gauri and contributing authors have evaluated paralegal organizations in six countries with scrupulous care and have drawn well-supported lessons for improving and expanding the model globally. Community Paralegals and the Pursuit of Justice provides welcome evidence that investment in paralegal organizations can not only pay significant dividends for the poor, but can improve the accessibility, capacity, and accountability of justice systems themselves.' Gary Haugen, Founder and CEO, International Justice Mission'… Community Paralegals and the Pursuit of Justice undoubtedly offers important insights into the dynamics influencing the work of paralegals; it is recommended for everyone concerned with the full realization of access to justice for all.' Erica Leni, Human Rights ReviewTable of Contents1. Paralegal in comparative perspective – what have we learned across these six countries? Vivek Maru and Varun Gauri; 2. 'To whom do the people take their issues?' The contribution of community-based paralegals to access to justice in South Africa Jackie Dugard and Katherine Drage; 3. Community-based paralegalism in the Philippines: from social movements to democratization Jennifer Franco, Hector Soliman and Maria Roda Cisnero; 4. Paralegalism in Indonesia: balancing relationships in the shadow of the law Ward Berenschot and Taufik Rinaldi; 5. Kenya's community-based paralegals: a tradition of grassroots legal activism Abigail Moy; 6. Squeezing justice out of a broken system: community paralegals in Sierra Leone Vivek Maru, Lyttelton Braima and Gibrill Jalloh; 7. The contributions of community-based paralegals in delivering access to justice in postwar Liberia Peter Chapman and Chelsea Payne.

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Book SynopsisEvangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of ''objectivity'' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a ''subjective'' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.Trade Review'Raftopoulos challenges scholars of international relations and international law to think of the treaty process as an integrated set of interim, subjective practices. He promotes a relational theory that treats the links between negotiations and treaties as an ongoing process of promoting global welfare. His approach goes well beyond conventional strategic power based theories of international relations and static positive theories by international lawyers about the nature of multilateralism itself.' Peter M. Haas, University of Massachusetts, Amherst'When I was involved in negotiations for drafting treaties, I often had the feeling that the negotiators, rather than putting forward particular positions, were called to define an international common interest and to envisage a regime subject to future governance and re-negotiation. This book goes beyond feelings and subjects the process of building international common interests to a rigorous analysis within a solid theoretical approach.' Tullio Scovazzi, University of Milano-Bicocca, MilanProfessor Evangelos Raftopoulos presents a new and welcome perspective on the international negotiation process. Without doubt this in-depth and thought-provoking study of international negotiations of legal instruments will generate much discussion as he takes the reader through the matrix of the international negotiation process through both an intellectual and pragmatic lens. Professor Raftopoulos demonstrates his extensive knowledge of the complexities and intricacies of international negotiations in this masterfully written book.' Nilufer Oral, Istanbul Bilgi University and Member of the UN International Law Commission'Negotiations are traditionally perceived as belonging to the realm policy; the frequent end result of it, treaties, as belonging to the realm of law. This interesting and innovative study by a leading Greek international law scholar brings both strands together in the analysis as to how they contribute to the crystallization of international common interest.' Robert Kolb, University of Geneva'As a colleague of Professor Evangelos Raftopoulos, I would like to express my satisfaction that Cambridge University Press is publishing his book entitled International Negotiation: A Process of Relational Governance to International Common Interest. Although it is not evident from the title of this forthcoming book and the one that I received from Professor Raftopoulos many years ago, there are many problems and principles of public international law that form the basis of the content of both books. The title of the former book of Professor Raftopoulos that I mentioned is The Inadequacy of the Contractual Analogy in the Law of Treaties published in 1990. I congratulate Professor Raftopoulos for adding the interesting new book of the Greek Professor to the fundamental literature of international law.' Budislav Vukas, University of Zagreb'The South China Sea arbitration … is so far the first attempt by a claimant State in the South China Sea to resort the dispute to a third party forum … (and) it does not make a desired contribution to resolving the real dispute … Nevertheless, it does motivate China and ASEAN to speed up the negotiation on the consultation of the Code of Conduct. Raftopoulos' book, viewing international negotiation as a process of relational governance based on the analytical framework of international common interest, will shed light on countries who are in favor of preference for negotiation in managing international disputes. The book generates much discussion on the matrix of the international negotiation process through both an intellectual and pragmatic lens, and should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone interested in the interdisciplinary study of international law and international relations.' Dr Nong Hong, Ocean YearbookTable of ContentsPart I. Theoretical Approaches to International Negotiations and International Common Interest; Section 1. The 'Theorization' of International Negotiation; Part II. The Negotiation Phases in the Conventional Construction of International Common Interest; Section 3. The Pre-Negotiation Phase as a Process of Transformative Governance.

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Book SynopsisThis book re-examines fundamental assumptions about the American legal profession and the boundaries between ''professional'' lawyers, ''lay'' lawyers, and social workers. Putting legal history and women''s history in dialogue, it demonstrates that nineteenth-century women''s organizations first offered legal aid to the poor and that middle-class women functioning as lay lawyers, provided such assistance. Felice Batlan illustrates that by the early twentieth century, male lawyers founded their own legal aid societies. These new legal aid lawyers created an imagined history of legal aid and a blueprint for its future in which women played no role and their accomplishments were intentionally omitted. In response, women social workers offered harsh criticisms of legal aid leaders and developed a more robust social work model of legal aid. These different models produced conflicting understandings of expertise, professionalism, the rule of law, and ultimately, the meaning of justice for thTrade Review'Women and Justice for the Poor is an exciting and timely intervention into work on lawyering in the United States. Batlan establishes the deep relevance of ideas about gender and race to the history of law and legal practice through ambitious research, provocative analysis, and engaging narrative.' Martha S. Jones, Arthur F. Thurnau Professor, University of Michigan'By tracking legal aid through the winding corridors of urban social institutions, Batlan gives us evocative insights into gender, reform, capitalism, and lawyering in a cogent and fascinating historical account. Her erosion of lay and professional boundaries, demonstrated by women's contribution to legal aid and the pragmatic relief they provided to underprivileged clients, illuminates the value of using gender to frame the story.' Norma Basch, Professor Emeritus, Rutgers University'In a remarkably original social/legal history, Batlan is asking readers to rethink what lawyering has meant and could mean. And when you ask 'outside the box' questions, you come up with surprising answers. This book can help us understand why law today can be far from justice.' Linda Gordon, Florence Kelley Professor of History, New York University'Women and Justice for the Poor presents research that is definitely worth reading. Batlan succeeds in exploiting science history to show convincingly how women played a significant role in legal aid history.' Marianne Vasara-Aaltonen, KirjallisuuttaTable of ContentsIntroduction; Part I. A Female Dominion of Legal Aid, 1863–1910: 1. The origins of legal aid; 2. The Chicago experience: the maturation of women's legal aid; Part II. The Professionalization of Legal Aid, 1890–1921: 3. Of immigrants, sailors, and servants: the Legal Aid Society of New York; 4. Reinventing legal aid; Part III. Dialogues: Lawyers and Social Workers, 1921–45: 5. Constellations of justice; 6. Compromises; Conclusion.

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Book SynopsisThis magisterial study, ten years in the making by one of the field''s most distinguished historians, will be the first to explore the impact fugitive slaves had on the politics of the critical decade leading up to the Civil War. Through the close reading of diverse sources ranging from government documents to personal accounts, Richard J. M. Blackett traces the decisions of slaves to escape, the actions of those who assisted them, the many ways black communities responded to the capture of fugitive slaves, and how local laws either buttressed or undermined enforcement of the federal law. Every effort to enforce the law in northern communities produced levels of subversion that generated national debate so much so that, on the eve of secession, many in the South, looking back on the decade, could argue that the law had been effectively subverted by those individuals and states who assisted fleeing slaves.Trade Review'Ranging from the halls of Congress to slave and free black communities and from Missouri to New England, Richard J. M. Blackett has produced the most comprehensive account of the workings of the Fugitive Slave Act of 1850 and opposition to it. The individual stories are compelling, the research impressive, and the insights about the variety of forms of resistance make this a major contribution to our understanding of the road to civil war.' Eric Foner, Columbia University, New York and author of The Fiery Trial: Abraham Lincoln and American SlaveryI don't use the word 'magisterial' lightly, but it is exactly the right description for Richard J. M. Blackett's The Captive's Quest for Freedom: Fugitive Slaves, the 1850 Fugitive Slave Law, and the Politics of Slavery. There is no better, deeper, or more comprehensive discussion of the struggle of fugitive slaves in the antebellum era.' Steven Lubet, author of Fugitive Justice: Runaways, Rescuers, and Slavery on Trial and The 'Colored Hero' of Harper's Ferry: John Anthony Copeland and the War against Slavery'The Captive's Quest for Freedom is the most important, thorough, and revealing study ever written of fugitive slaves in American history. The book is timely; it demonstrates in depth the nature and meaning of America's first great refugee crisis and the explosive politics that followed in its wake. May the whole of our reading public finally understand the significance of the Fugitive Slave Act in 'our history and our heritage'. It resonates still as a watch warning in our own time.' David W. Blight, Yale University and author of the forthcoming Frederick Douglass: American Prophet'Richard J. M. Blackett's epic new history of the Fugitive Slave Law is both a brilliant analysis of the politics of disunion, and a compelling argument for the centrality of African American resistance to the great national unraveling of the 1850s. At the heart of the book, though, are the human beings whose decision to escape slavery prompted slaveholders to demand the Law in the first place, and whose determination to keep risking everything even after its passage pushed the United States towards a terrible and necessary reckoning.' Nicholas Guyatt, University of Cambridge and author of Bind Us Apart: How Enlightened Americans Invented Racial Segregation'In most historical accounts, the 1850 [Fugitive Slave Law] provoked a wave of panic in free black communities across the North. Hundreds of African-Americans fled their homes for the safety of Canada. But Richard Blackett's extraordinary new book, The Captive's Quest for Freedom, tells a more complicated story. … In these chapters political history gives way to social history as Blackett skillfully reconstructs dozens of stories of slaves escaping to the North. Some of these escapes and rescues are well known, but they take on renewed salience in Blackett's account because of the wider setting he establishes. More impressive is the deep and meticulous research that has enabled him to piece together the remarkable stories of previously unknown cases.' James Oakes, The New York Review of Books'The Captive's Quest for Freedom convincingly demonstrates how a small, vocal, determined and above all persistent group of people - including those at the bottom of the social, political and economic ladder - can, given the right set of circumstances, have an impact far beyond what their numbers or status may predict.' Scott Hancock, Reviews in History'This remarkable book exemplifies the best work of a skilled, hard-working, and indefatigable historian who spent decades hunting down facts and stories, thinking them through, and weaving them into a powerful narrative.' Paul Finkelman, The Journal of American History'… [The] Captive's Quest is well worth our attention, bringing to light an enduring legacy of lawful racial exclusion and persecution and those who would flee and fight in resistance.' Kathryn Benjamin Golden, The Journal of African American HistoryTable of ContentsPart I. The Slave Power Asserts Its Rights: 1. The fugitive slave law; 2. The law does its work; 3. Compromise and colonize; Part II. Freedom's Fires Burn: 4. Missouri and Illinois; 5. Western Kentucky and Indiana; 6. Eastern Kentucky and Ohio; 7. Southeast Pennsylvania; 8. Eastern shore of Maryland and Philadelphia; 9. New York; 10. Massachusetts; Conclusion; Bibliography; Index.

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Book SynopsisLittle attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.Table of Contents1. Introduction; 2. Historiography and the history of Australian private law in the first half of the twentieth century: Et in Arcadia Ego?; 3. Avoiding and interpreting the 'refinements of English law': Defamation in Australia 1901–45; 4. Politics, politicians, the press and the law of defamation; 5. Negligence and the boundaries of liability: liability for acts of third parties; 6. Negligence and the vexing question of shock-induced harm; 7. Negligence and the boundaries of liability: government and quasi-government liability; 8. In defence of King and country; 9. Environment and Australian tort law: the problem of fire and weeds; 10. Sport and recreation: tort law and the national pastime 1901–45; 11. Conclusion.

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Book SynopsisThe Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Spanish legal culture, developed during the Spanish Golden Age, has had a significant influence on the legal norms and institutions that emerged in Europe and in Latin America. This volume examines the lives of twenty key personalities in Spanish legal history, in particular how their Christian faith was a factor in molding the evolution of law. Each chapter discusses a jurist within his or her intellectual and political context. All chapters have been written by distinguished legal scholars from Spain and around the world. This diversity of international and methodological perspectives gives the volume its unique character; it will appeal to scholars, lawyers, and students interested in the interplay between religion and law.Table of ContentsIntroduction Rafael Domingo and Javier Martínez-Torrón; 1. Isidore of Seville Philip Reynolds; 2. Raymond of Penyafort José Miguel Viejo-Ximénez; 3. Alfonso X Joseph F. O'Callaghan; 4. Francisco de Vitoria Andreas Wagner; 5. Bartolomé de Las Casas Kenneth Pennington; 6. Martín de Azpilcueta Wim Decok; 7 Domingo de Soto Benjamin Hill; 8. Fernando Vázquez de Menchaca Salvador Rus; 9. Diego de Covarrubias y Leiva Richard Helmholz; 10 Luis de Molina Kirk R. MacGregor; 11. Francisco Suárez Henrik Lagerlung; 12. Tomás Sánchez Rafael Domingo; 13. Juan Solórzano Pereira Matthew C. Mirow; 14. Gaspar Melchor de Jovellanos Jan-Henrik Witthaus; 15. Francisco Martínez Marina Aniceto Massferrer; 16. Juan Donoso Cortés Jose María Beneyto; 17. Concepción Arenal Paloma Durán y Lalaguna; 18. Manuel Alonso Martínez Carlos Petit; 19. Álvaro d'Ors Rafael Domingo; 20. Pedro Lombardía Alberto de la Hera and Javier Martínez-Torrón.

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Book SynopsisThis book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation''s political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation''s democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.Table of ContentsIntroduction; 1. The making of the constitution and the courts, 1945–1962; 2. Jurisprudential evolution, 1962–1972; 3. The Yusin era, 1972–1980 (1): the laws; 4. The Yusin era, 1972–1980 (2): the courts; 5. The Yusin era, 1972–1980 (3): the judges; 6. Political transitions and rule of law, 1980–1987; 7. Democracy and travails of judges, 1987 to the present; Conclusion.

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Book SynopsisHow did Africans become ''blacks'' in the Americas? Becoming Free, Becoming Black tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders'' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.Trade Review'At a moment when 'Send Them Back' has reemerged as a nativist rallying cry, Becoming Free, Becoming Black is a brilliantly lucid guide to the deep history of how race and ethnic origin came to be potent ciphers for civic belonging. … De la Fuente and Gross show that brutality lay not merely in the imposition of slavery, but in the creation of racial regimes ranking black bodies even once freed from bondage. If enslavement is construed as an external political constraint, the project of freedom becomes focused on unshackling bodies from those confines. But if white means free and black means slave, then political status is embodied, innate and inescapable. … To this day, the legacy of free-but-not-full-citizen delimits quietly powerful hierarchies in our varying capacities to travel, vote, mix socially, run a business, hold public office, and intermarry. This indispensable book shows how knowing the past might aid us to intelligently reform our future.' Patricia J. Williams, Columnist, The Nation Magazine'In this incisive and spell-binding study, Alejandro de la Fuente and Ariela Gross meticulously investigate the archives of the 'legal regimes of slavery and race' in the culturally disparate locations of Cuba, Louisiana, and Virginia, thus exposing the differences and similarities between Spanish, French, and English approaches to manumission and interracial relationships. In addition, the authors brilliantly focus on the bottom up efforts of the enslaved to gain freedom, thus exposing how these 'unpredictable twists and turns' established the meaning of blackness in law. Not only an important legal analysis, Becoming Free, Becoming Black tells many fascinating stories of heroic efforts to attain freedom through legal regimes.' Henry Louis Gates, Jr, Alphonse Fletcher University Professor, Harvard University'Becoming Free, Becoming Black is a brilliant study of the making of race in the New World. Deeply researched, insightful, and smoothly written, this book is a major contribution to the scholarly literature on slavery and the way it shaped, and was shaped by, attitudes about people of African descent.' Annette Gordon-Reed, Charles Warren Professor of American Legal History, Harvard University, and author of The Hemingses of Monticello: An American Family'In Cuba of 1860, many persons of color who purchased their freedom lived alongside slaves; while In Louisiana and Virginia free people of color had almost disappeared, and to be black was to be enslaved. The difference was in the law and custom regulating freedom - law made by many hands, including those of slaves themselves. This book, based on meticulous archival research and brilliantly reasoned and written, is comparative legal history at its finest.' Robert W. Gordon, Stanford University'To what can we attribute the distinct racial ideologies that emerged in different slaveholding societies in the Americas? In this rich and innovative comparative study, Ariela Gross and Alejandro de la Fuente emphasize the role of the emergence of communities of free persons of African descent, and their evolution over time. Although elites in all three societies sought to attach sharp social distinctions to color, the authors find that 'the association between blackness and enslavement, whiteness and freedom, remained less strict and precise in Cuba than in Virginia and Louisiana.' As slavery itself was abolished, these prior differences laid the groundwork for divergent experiences of access to the rights of citizenship. This is a provocative and important book.' Rebecca J. Scott, Charles Gibson Distinguished University Professor of History and Professor of Law, University of Michigan'Becoming Free, Becoming Black provides crucial insights into the ways that conceptions of race and power varied across the Americas in the era when slavery was at its most widespread. It is a valuable window on the ways that the system maintained itself, and on the resistance that, although often unsuccessful, showed the persistence of the will to resist under even the most horrendous conditions.' John Foster, Souciant Magazine'… this book contributes greatly to a comparative understanding of the African diaspora and the complexities of both colonial experiences and post-emancipation societies.' G. de Laforcade, Choice'Becoming Free, Becoming Black is a beautifully written manuscript based on both archival research and extensive bibliographic discussion.' Keila Grinberg, Hispanic American Historical Review'De la Fuente and Gross have provided a useful handbook for historians of all three regions who seek to understand the law's effect on regimes of racial exploitation – and the worlds that people of color constructed through and under it.' Robert Colby, Journal of Southern History'… set to become a classic study of law in the Americas in the age of enslavement and emancipation… This comparative history sets out to change our understanding of the law by successfully taking on a formidable task - to account for the role of the law in the trajectory of racial ideologies across the two Americas.' Adriana Chira, ReVista'… Becoming Free, Becoming Black is a major work of historiographical synthesis and a rigorous work of original historical investigation.' Sue Peabody, Journal of Interdisciplinary History'Becoming Free, Becoming Black certainly stands as required reading for scholars of history of law and the social history of slavery in the Americas. The solid research in primary sources, combined with an original argument, among other qualities, make the book a reference of excellence on the historiographical debate on racism and law - both past and present.' Bruno Lima, Rechtsgeschichte - Legal HistoryTable of ContentsIntroduction; 1. 'A Negro and by consequence an alien': local regulations and the making of race, 1500s–1700s; 2. The 'inconvenience” of black freedom: manumission, 1500s–1700s; 3. 'The natural right of all mankind': claiming freedom in the age of revolution, 1760s–1830; 4. 'Rules … for their expulsion': foreclosing freedom, 1830s–1860; 5. 'Not of the same blood': policing racial boundaries, 1830s–1860; Conclusion: 'Home-born citizens: the significance of free people of color.

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Book SynopsisThe doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur''an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.Trade Review'… the book provides a comprehensive account of the Islamic legal approach to the law of the sea from a historical perspective that aptly reveals a different civilizational narrative existing beyond Eurocentric scholarship in international law. Hence, this book is likely to become classic reading on the subject of the law of the sea and international law.' Punsara Amarasinghe, Ilahiyat Studies'Over the past two decades, Hassan Khalilieh has almost single-handedly revolutionized our knowledge of the Islamic contributions to the law of the sea. In this work, he embarks on what is effectively a genealogical study that shows how the Dutch Grotius and later European jurists have largely replicated, without acknowledgement, the Islamic practices and doctrines pertaining to free navigation in response to the earlier Spanish and Portuguese violent domination of the Indian Ocean. Khalilieh's meticulous and impressive work is a must-read, not only for those who are interested in Maritime law and trade, but also for historians and analysts of the rise of modernity at large, where the allegedly new freedom of navigation, central to the modern project, was to be transformed in due course into yet another tool in the unprecedented forms of European colonialism.' Wael Hallaq, Avalon Foundation Professor in the Humanities, Columbia University'This is an extraordinarily wide-ranging account not of Islamic maritime law (on which Khalilieh has already established himself as a leading expert) but of the Islamic law of the sea, well before Grotius wrote his tract on the Free Sea; the book ranges as far east as Melaka and China and as far west as the Mediterranean - a tour de force.' David Abulafia, Emeritus Professor of Mediterranean History, University of Cambridge'This is a masterful exposition of Islamic Law of the Sea, which makes an important contribution to the discourse on the universal application of modern International Law of the Sea generally. Highly recommended.' Mashood A. Baderin, Professor of Laws, SOAS University of London'This slim but richly detailed analysis of the customary and formal Islamic law of the sea fills a major gap in the literature.' D. M. Varisco, Bibliotheca OrientalisTable of ContentsIntroduction; 1. Freedom of the seas; 2. Offshore sovereignty and the territorial sea; 3. Piracy and its legal implications; Conclusion.

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Book SynopsisEuropean legal integration is often justified with reference to the inherent unity of European legal traditions that extend to ancient Rome. This book explores the invention of this tradition, tracing it to a group of legal scholars divided by the onslaught of Nazi terror and totalitarianism in Europe. As exiles in Britain and the US, its formulators worked to build bridges between the Continental and the Atlantic legal traditions, incorporating ideas such as rule of law, liberty and equality to the European heritage. Others joined the Nazi revolution, which promoted its own idea of European unity. At the end of World War Two, natural law and human rights were incorporated into the European project. The resulting narrative of Europe, one that outlined human rights, rule of law and equality, became consequently a unifying factor during the Cold War as the self-definition against the challenge of communism.Trade Review'Kaius Tuori convincingly demonstrates how a narrative from Roman law to European identity was constructed in the twentieth century, and the ideological purposes the fiction was made to serve, including across the divide between National Socialist Europe and a self-styled continent of human rights. There is much to learn from Tuori's erudition and insight.' Samuel Moyn, Yale University'Tuori is to be commended for producing a rich and textured work filled with important insights. This book will undoubtedly reframe the debate about the ideologies supporting the narratives of European legal history to a significant extent.' Paul J. du Plessis, University of Edinburgh'A deeply learned investigation of a somber history, Kaius Tuori's Empire of Law tracks the fate of the study of Roman law through the Nazi years and into the post-War effort to rebuild Europe. Indispensable reading for understanding the Roman legal tradition in Western history.' James Whitman, Yale University'Tuori's Empire of Law is a thoughtful investigation of the complex relationship between legal scholars exiled from Nazi Germany and the emergence of the idea of a European legal tradition rooted in Roman law.' R. W. Lemmons, Choice'... Tuori's study is a very good example of how to make use of actor-centered methods to engage with legal intellectual history and the legal history of Europe.' Sara Weydner, H-Soz-KultTable of Contents1. Introduction; 2. Legal refugees from Nazi Germany and the idea of liberty; 3. Redefining the rule of law, jurisprudence and the totalitarian state; 4. The long legal tradition and the European heritage in Nazi Germany; 5. Reconfiguring European legal tradition after the war; 6. The European narrative and the tradition of rights; 7. Conclusions.

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Book SynopsisThis is a study of what constituted legality and the role of law inancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi''s Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world.Trade Review'Larry May's monumental achievement, astonishing in scope, depth, and insight, offers a rich historical mosaic of understandings of law, justice and equity and their interrelationships. It is essential reading for any legal or political philosopher and invaluable for any serious student of law and justice. May writes with a historian's keen eye for detail and context and a philosopher's eye for conceptual nuance, networks of concepts, and intersecting lines of argument.' Gerald J. Postema, Cary C. Boshamer Professor of Philosophy, University of North Carolina, Chapel Hill'In this magisterial book, Professor May manages to combine sweeping coverage with fascinating details about ancient legal thought on justice, equity, fairness, mercy, and principles of morality and right embodied within law. He makes a convincing case that legitimacy has long been fundamental to legal authority.' Brian Z. Tamanaha, John S. Lehmann University Professor, Washington University'… Ancient Legal Thought could be particularly useful for topic-specific teaching and research on themes such as the position of women, the legality of war, slavery, and the impact of inequality as reflected in law and legal writing.' G. S. Gessert, Choice'This remains a work of tremendous worth. Vast in scope and ambition, guided by an inquiring mind, this is a deeply enjoyable and thought-provoking book.' Anthony Smart, Comparative Legal HistoryTable of ContentsPart I. Mesopotamia and Egypt: Section 1. Ancient Procedural Law: 1. Ancient legal reasoning; 2. Judging, trials, and assemblies; 3. Oaths, ordeals, and truth; Section 2. Freedom, Equality, and Legal Status: 4. Debt forgiveness and equity; 5. Freedom and slavery; 6. Class, legal status, and equality; 7. Women's separate sphere; Section 3. Crime and Punishment: 8. Complicity and conspiracy; 9. Crime and Lex Talionis; 10. Capital punishment; Section 4. International Justice: 11. Ancient treaties and trust; 12. Aggressive war and necessity; Part II. Greece and China: Section 5. Law, Justice and Equity: 13. Custom and law in Ancient Greece and China; 14. Justice and equity; 15. Trial, juries, and democratic assemblies; Section 6. Legal Status: 16. Citizens and aliens; 17. Women; 18. Slavery and democracy; Section 7. Responsibility and Punishment: 19. Causation and responsibility; 20. Homicide and pollution; 21. Justification, excuse, and mitigation; 22. Hubris and impiety; Section 8. War and Amnesty: 23. Amnesty, sanctuary, and exile; 24. Justified war and the law of nations; Part III. India and the Roman Republic: Section 9. Law, Justice and Equity: 25. Law and its sources in Ancient Roman and Indian law; 26. Legal procedures and trials; 27. Equity and justice; Section 10. Legal Status and Social Class: 28. Legal status of women; 29. Social class and slavery; Section 11. Responsibility and Punishment: 30. Political and moral crimes; 31. Punishment, cruelty, and humaneness; 32. Crimes concerning legal and political abuse; Section 12. War and Treaties: 33. Treaties, hostages, and keeping faith; 34. The rules of war and the law of peoples; Part IV. Rabbinic Law and the Roman Empire: Section 13. Justice, Equity, and Conflict of Laws: 35. Law, morality, and religion; 36. Dual legal regimes; 37. The law and ancient legal scholars; Section 14. Differential Status: 38. Women in Jewish and Roman thought; 39. Slaves in Jewish and Roman legal thought; Section 15. Responsibility: 40. Intention and causation in criminal law; 41. Injury and murder; 42. Public punishment, penal prisons, and police; Section 16. Universal Law at the End of Ancient Times: 43. Universal law and human rights; 44. The origins of the just war doctrine; 45. Final thoughts on equity, justice, and humaneness.

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Book SynopsisThe First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today''s world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.Trade Review'By highlighting the First Amendment's too often neglected press, assembly, and petition clauses, Bhagwat shows how the democratic free speech tradition most closely associated with Louis Brandeis complements rather than contradicts the broadly libertarian understanding that finally emerged following the McCarthy era. Eschewing censorship, Bhagwat would turn to what Tocqueville identified as America's distinctive democratic strength - civil society institutions - to tackle our age's pathologies of information silos, Internet trolls, and fake news. Our Democratic First Amendment is at once clear-eyed and boldly free of cynicism.' Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University'Ash Bhagwat offers an original and powerful analysis of the core purposes of the First Amendment and of how those purposes should play out today. In particular, he notes that almost all of the Supreme Court's attention has focused on the freedom of speech, and that the Court has essentially written out of the First Amendment the freedom of the press, the right of assembly, the right of association, and the right to petition the government. It is only, he argues, by considering all of these rights in their relation to one another that the Court can come to a proper understanding of 'Our Democratic First Amendment'. Bhagwat then turns to the challenges of the present, including social media, the collapse of 'mainstream media', and the 'siloing' of American society. In the end, he offers suggestions for how, in the current state of affairs, we can still save our democracy.' Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago'Bhagwat's eminently readable prose drives home the importance of speech, press, assembly, and petition to our current and future democratic experiment. Readers will benefit from this book's careful consideration of these rights individually and collectively, and how our use of them protects and performs sovereignty, citizenship, and democracy.' John Inazu, Sally D. Danforth Distinguished Professor of Law & Religion, Washington University, St. Louis'The First Amendment lists four specific freedoms of expression: speech, press, assembly (association), and petition, but the courts have tended to merge them all into one. This engaging book discusses each of these freedoms on its own terms, and explains for a general audience why they all matter now, more than ever. Whether you are liberal or conservative, this book will help you understand your rights as an American.' Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford University'This title is well sourced, remarkably engaging, and for students and scholars alike.' D. E. Smith, Choice'… an exceptional review of the First Amendment's principles and their interdependent purposes. These passages provide great value for theorists, scholars, and practitioners - and especially for students of American politics, constitutional law and history, and the Bill of Rights.' Andy Carr, Law and Politics Book ReviewTable of ContentsIntroduction; Part I. The Framers' Democrocratic First Amendment: 1. Freedom of speech and of the press; 2. Assembly and association; 3. The petition clause; 4. Cognate rights and democratic citizenship; Part II. The Democratic First Amendment in the Age of Twitter: 5. Cacophony: speech and press in the Internet era; 6. DeSiloing: of civic associations, book clubs, and taverns; 7. Why assembly and petition still matter; Conclusion.

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Book SynopsisAll of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have ''hollowed out'' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projeTrade Review'… this is a well-researched tome that includes copious footnotes … this volume is a sound accomplishment …' S. A. Merriman, ChoiceTable of ContentsIntroduction; 1. The antidiscrimination principle and its discontents; 2. Residues of injustice: formal equality and civil rights; 3. Toward a jurisprudence of civil rights; 4. A frayed quilt: our lost, imperfect, and unimagined civil rights; 5. Protecting rights to enter: constitutional rights and civil rights in conflict; Conclusion.

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Book SynopsisBased on a completely reconstructed archive of Persian, Hindi and Marathi documents, Nandini Chatterjee provides a unique micro-history of a family of landlords in Malwa, central India, who flourished in the region from at least the sixteenth until the twentieth century. By exploring their daily interactions with imperial elites as well as villagers and marauders, Chatterjee offers a new history from below of the Mughal Empire, far from the glittering courts of the emperors and nobles, but still dramatic and filled with colourful personalities. From this perspective, we see war, violence, betrayal, enterprise, romance and disappointment, but we also see a quest for law, justice, rights and righteousness. A rare story of Islamic law in a predominantly non-Muslim society, this is also an exploration of the peripheral regions of the Maratha empire and a neglected princely state under British colonial rule. This title is also available as Open Access.Trade Review'This book is an important work that enriches our understanding of family, empire and estate in South Asia. The analysis moves away from state policy and image-building to the micro-processes that actually reproduce state power. It achieves this through the mastery of difficult sources presented in a wide comparative frame.' Sumit Guha, University of Texas, Austin'In tracking a single family's legal documents over three centuries, Nandini Chatterjee has written an extraordinary book, upturning our understanding of how Mughal law worked and how it was experienced by its subjects. It will be revelatory for anyone interested in Islamic, South Asian, or Mughal history.' Samira Sheikh, Vanderbilt University'… it will be a valuable addition to the historiography of the Mughal Empire.' P. P. Barua, ChoiceTable of ContentsIntroduction; 1. Malwa: land of many empires; 2. Zamindars: lords of the marches; 3. Contractors: engaging the state; 4. Transactions: recording deals; 5. Disputes: judges and courts; 6. Invaders: marathas and the British; 7. Identity: professionals or warlords?; Conclusion. Fragments to archives: a methodological manifesto; Appendix. A catalogue of the P Das archive; Glossary.

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Book SynopsisFocusing on everyday legal experiences, from that of magistrates, novelists and political philosophers, to maidservants, pauper men and women, down-at-heel attorneys and middling-sort wives in their coverture, History and the Law reveals how people thought about, used, manipulated and resisted the law between the eighteenth and the twentieth centuries. Supported by clear, engaging examples taken from the historical record, and from the writing of historians including Laurence Sterne, William Godwin, and E. P. Thompson, who each had troubled love affairs with the law, Carolyn Steedman puts the emphasis on English poor laws, copyright law, and laws regarding women. Evocatively written and highly original, History and the Law accounts for historians'' strange ambivalent love affair with the law and with legal records that appear to promise access to so many lives in the past.Trade Review'Steedman writes the sort of book we have come to expect - stunningly original, steeped in local archives and literature, distinctive in its methods and voice. History and the Law concerns the everyday legal encounters of ordinary people, and the attraction of the law for historians keen to understand hearts and minds in the past.' James Epstein, Vanderbilt University, Nashville'The always engaging and reflective Carolyn Steedman here chronicles her own and others' struggles to understand and make use of eighteenth-century law - others from that time and others from our time. Taken together, these essays sketch an important agenda for historical enquiry, as well as providing insights into the historian's craft.' Joanna Innes, University of Oxford'Steedman cleverly recounts the history of everyday experiences of the law in modern Britain. Beautifully written and drawing on a wealth of sources from the eighteenth and nineteenth centuries, it will appeal to historians as well as literary and legal scholars alike.' Julia Moses, University of Sheffield'A distinctively approachable, eclectic and stimulating series of reflections on law and history's interactions, both in theory and practice, over the past four centuries, from a leading exponent of modern British cultural and social history.' Wilfrid Prest, Professor Emeritus of History and of Law, The University of Adelaide'Steedman provides a fascinating account of the interactions between the law and the English people in the decades around 1800, touching not only upon such well known figures as Mary Wollstonecraft and William Godwin but also a host of 'ordinary' men and women whose stories enter the historical record so infrequently. Readers of this book will come away with a novel, and perhaps surprising, understanding of the interactions between the law and society in the past.' James Sharpe, Professor Emeritus of Early Modern History, University of York'History and the Law is an intriguing volume that navigates fields and disciplines as distinct as plebeian culture, literary theory, and historiography … the reader's reward is watching a consummate historian at work.' J. A. Jaffe, Choice'… based on an abundance of printed and archival sources as well as extensive secondary literature, [this book] is an impressive monument of this fondness.' Mia Korpiola, Comparative Legal History'… based on an abundance of printed and archival sources as well as extensive secondary literature, [this book] is an impressive monument of this fondness.' Mia Korpiola, Comparative Legal History'… a stimulating and a thought provoking read.' Anne Logan, Cultural and Social HistoryTable of ContentsA beginning: 'history' Stephen Dunn; 1. Its ziggy shape; 2. Law troubles: two historians and some threatening letters; 3. Letters of the law: everyday uses of the law at the turn of the English nineteenth-century; 4. The worst of it: Blackstone and women; 5. Who owns Maria; 6. Sisters in laws; 7. Hating the law: Caleb Williams; 8. The kind of law a historian loved; An ending: not a story; Bibliography; Index.

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Book SynopsisThe study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.Trade Review'This important work provides insight into the most pressing issues of American Indian law. Its strengths lie in its organization and the expertise of the contributors … this is a substantive work.' F. E. Knowles, ChoiceTable of ContentsEditor and contributor biographies; Preface; Acknowledgements; Introduction; Part I. Core Concepts: 1. Marshalling past and present: colonization, constitutionalism, and interpretation in federal Indian law, 107 Harvard Law Review 381 (1993) Philip P. Frickey; 2. The algebra of federal Indian law: the hard trail of decolonizing and Americanizing the white man's jurisprudence, 1986 Wisconsin Law Review 219 (1986) Robert A. Williams, Jr; 3. Red: racism and the American Indian, 56 UCLA Law Review 591 (2009) Bethany R. Berger; 4. (Tribal) sovereignty and illiberalism, 95 California Law Review 799 (2007) Angela R. Riley; Part II. Voices: 5. 'Life comes from it': Navajo justice concepts, 24 New Mexico Law Review 175 (1994) Robert Yazzie; 6. Tribal court praxis: one year in the life of twenty Indian tribal courts, 22 American Indian Law Review 285 (1998) Nell Jessup Newton; 7. Beyond Indian law: the Rehnquist Court's pursuit of states' rights, color-blind justice and mainstream values, 86 Minnesota Law Review 267 (2001) David H. Getches; 8. A narrative of sovereignty: illuminating the paradox of the domestic dependent nation, 83 Oregon Law Review 1109 (2005) Sarah Krakoff; Part III. Property: 9. Sovereignty and property, 86 Northwestern University Law Review 1 (1991) Joseph William Singer; 10. The legacy of allotment, 27 Arizona State Law Journal 1 (1995) Judith V. Royster; 11. A common law for our age of colonialism: the judicial divestiture of Indian tribal authority over nonmembers, 109 Yale Law Journal 1 (1999) Philip P. Frickey; 12. In defense of property, 118 Yale Law Journal 1022 (2009) Kristen A. Carpenter, Sonia K. Katyal and Angela R. Riley; Part IV. (Mis)Understandings: 13. Dependent sovereigns: Indian tribes, states, and the federal courts, 56 University of Chicago Law Review 671 (1989) Judith Resnik; 14. There is no federal Supremacy Clause for Indian Tribes, 34 Arizona State Law Journal 113 (2002) Robert N. Clinton; 15. American Indians, crime, and the law, 104 Michigan Law Review 709 (2006) Kevin K. Washburn; 16. Factbound and splitless: the Certiorari process as barrier to justice for Indian tribes, 51 Arizona Law Review 933 (2009) Matthew L. M. Fletcher.

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Book SynopsisIt is a fundamental term of the social contract that people trade allegiance for protection. In the nineteenth century, as millions of people made their way around the world, they entangled the world in web of allegiance that had enormous political consequences. Nationality was increasingly difficult to define. Just who was a national in a world where millions lived well beyond the borders of their sovereign state? As the nineteenth century gave way to the twentieth, jurists and policymakers began to think of ways to cut the web of obligation that had enabled world politics. They proposed to modernize international law to include subjects other than the state. Many of these experiments failed. But, by the mid-twentieth century, an international legal system predicated upon absolute universality and operated by intergovernmental organizations came to the fore. Under this system, individuals gradually became subjects of international law outside of their personal citizenship, culminatinTrade Review'Nationals Abroad is a wonderfully written, rich and innovative study which unearths and problematizes the histories of international business interests and the creation of the international human rights regime and chronicles the rise and decline of diplomatic protection in favor of individual independent claims before international tribunals.' Doreen Lustig, Tel Aviv University'The individual is the new centrepiece of international law, yet most studies are confined to her human rights against her own state. Bringing together international law, human rights law, international economic law, and legal history together, Christopher Casey goes further. And with his superb writing skills he provides us with a book that is not only needed and timely, but also fascinating to read.' Ralf Michaels, Max Planck Institute for Comparative and International Private Law'A tour de force. Nationals Abroad makes an important contribution to the historical literature on the place of individuals in international law. Casey rediscovers the central place that nationality occupied in the making of modern international law. Elegantly and charmingly written, this book is a must read for anyone interested in legal history of the nineteenth-century Atlantic.' Peter J. Spiro, Charles Weiner Professor of Law, Temple University'The book is a good starting point for readers interested in a general survey of the history of international law … Nationals Abroad presents a logical narrative of the relationship between states and individuals in the past two centuries.' Jeff Wu, New York University Journal of International Law and Politics'… Casey has written a path-breaking account of the history of the rights of aliens and the rights of states to protect nationals abroad. It is essential reading for anyone interested in the history of diplomatic protection and is highly recommendable to any reader interested in the relationship between human rights, migration, state responsibility and international investment.' Doreen Lustig, The Law & Practice of International Courts and Tribunals'Elucidating the modalities of this tension and finding ways to resolve it in fair and sustainable ways demand a comprehensive understanding of international law's past and present. The book at hand has started an important conversation.' Ntina Tsouvala, Heidelberg Journal of International LawTable of ContentsIntroduction; Part I .Mise en scène: The International Legal World, 1850-–1914: 1. The Walls of Gilgamesh; 2. Making Nations, Breaking Nationality; Part II. Mise en scène: The International Legal World, 1919-–1939: 3. Sovereign Nations; 4. Sovereign Persons; 5. Sovereign Commerce; Part III. Mise en scène: The International Legal World, 1945-–Present: 6. Cosmopolitans and Capitalists; Conclusion

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Book SynopsisThis collection of essays by prominent historians examines and builds on the scholarly legacy of Christopher W. Brooks, the leading historian of early modern English law, society and politics. Of interest to early modern historians of England and socio-legal scholars, exploring how law was understood and used by different communities.Trade Review'The essays collected in Law, Lawyers, and Litigants in Early Modern England form a fitting tribute to legal historian Christopher W. Brooks and the tremendous impact his work has had on our understanding of law and society in early modern England.' Alison A. Chapman, The Journal of British StudiesTable of Contents1. Introduction Michael Lobban, Joanne Begiato and Adrian Green; 2. Christopher Brooks's contribution to early modern history Michael J. Braddick; 3. Law, law-consciousness and lawyers as constitutive of early modern England: Christopher W. Brooks's singular journey David Sugarman; 4. 'The hard rind of legal history': F. W. Maitland and the writing of late medieval and early modern British social history R. A. Houston; 5. Fountains of justice: James I, Charles I and equity R. W. Hoyle; 6. The Inns of Court, Renaissance, and the language of modernity Phil Withington; 7. The micro-spatial dynamics of litigation: the Chilvers Coton tithe dispute, Barrows vs. Archer (1657) Steve Hindle; 8. 'Law-mindedness': crowds, courts and popular knowledge of the law in early modern England John Walter; 9. Local laws, local principles: the paradoxes of local legal processes in early modern England Peter Rushton; 10. 'So now you are wed enough': clandestine unions in the north-west of England in the first half of the eighteenth century Joanne Begiato; 11. 'Blunderers and Blotters of the Law? The rise of conveyancing in the eighteenth century and long term socio-legal change' Craig Muldrew; 12. England and America: the role of the Justice of the Peace in County Durham, England and Richmond County, Virginia, in the eighteenth century Gwenda Morgan; 13. Law and architecture in early modern Durham Adrian Green; 14. Law and revolution: the seventeenth century English example C. W. Brooks; 15. Religion and law in early modern England C. W. Brooks.

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Book SynopsisSpanning the island of Ireland over three centuries, this first history of Irish divorce places the human experience of marriage breakdown centre stage to explore the impact of a highly restrictive and gendered law, and its reform, on Irish society.Trade Review'Covering the past four hundred years, this is a major contribution to legal, social and gender history. Urquhart's work is highly revealing about the double-standards towards sexual behaviour, Irish exceptionalism, Catholic and Protestant attitudes towards moral questions, and absence of legal uniformity under the Union.' Mary E. Daly, University College Dublin'This is a superb book - ambitious in scope, yet securely anchored in a formidable array of sources: it is characterised both by judiciousness and by an unflagging empathy. Diane Urquhart has rescued a centrally important theme from neglect and over-simplification - and has thereby consolidated her position within the front rank of modern Irish historians.' Alvin Jackson, University of Edinburgh'Based on extensive archival research, including parliamentary and court evidence, memoirs, letters, and diaries, Irish Divorce provides a nuanced understanding of a practice that concerned itself with both property and gendered propriety. Urquhart makes a significant contribution to understanding the complicated relationship between church, state, and Irish society since 1700.' Karen Steele, Texas Christian University'Urquhart's book represents an insightful and compassionate foray into a very new field. The first all-Ireland history of divorce, it demonstrates how marriage breakdown reflected society's need to regulate succession, sexuality, and legitimacy. This exceptional work charts divorce's role in shaping, and reflecting, modern Ireland's attitude to gender and citizenship.' Oonagh Walsh, Glasgow Caledonian University'(A) balanced and masterful treatment of complex issues.' Brian Maye, Irish Times'As lucid as it is thorough, Irish Divorce: A History contributes a comprehensive look at a fraught social issue through exhaustive research and careful contextualisation. It offers a profoundly humane and empathetic analysis of what, for many, proved an elusive necessity that was cordoned off—for centuries—by ideological, nationalistic, imperial, and/or political boundaries and further inflected by class and gender. As a result, this study has much to teach us not only about divorce, but also about the ways the self-fashionings and political maneuverings of a nation-state can subvert the very citizens they are purportedly meant to serve …' Kate Costello-Sullivan, Estudios IrlandesesIrish Divorce: A History contributes a comprehensive look at a fraught social issue through exhaustive research and careful contextualisation.' Kate Costello-Sullivan, Electronic Journal of the Spanish Association for Irish StudiesTable of ContentsIntroduction. The 'anatomy of a divorce'; 1. Divorce in two legislatures: Irish divorce, 1701–1857; 2. The failings of the law: the cases of Talbot and Westmeath; 3. A non-inclusive reform: Ireland and the Divorce and Matrimonial Causes Act of 1857; 4. Divorce in the post-reform era of 1857–1922: 'Like diamonds, gambling, and picture-fancying, a luxury of the rich'?; 5. The widening definition of marital cruelty; 6. Divorce in court, 1857–1922; 7. 'An exotic in very ungenial soil': divorce in the Northern Ireland parliament, 1921–1939; 8. With as 'little provocative as possible': the Northern Ireland move to court; 9. An 'unhappy affair': divorce in independent Ireland, 1922–1950; 10. Marriage law 'in this country is an absolute shambles': the reform agenda; 11. A 'curiosity [and]…an oddity': referenda in 1986 and 1995; 12. The 'last stretch of a long road': the Family (Divorce) Law Act of 1996; Conclusion.

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Book SynopsisInternational Law and the Cold War is the first book dedicated to examining the relationship between the Cold War and International Law. The authors adopt a variety of creative approaches - in relation to events and fields such as nuclear war, environmental protection, the Suez crisis and the Lumumba assassination - in order to demonstrate the many ways in which international law acted upon the Cold War and in turn show how contemporary international law is an inheritance of the Cold War. Their innovative research traces the connections between the Cold War and contemporary legal constructions of the nation-state, the environment, the third world, and the refugee; and between law, technology, science, history, literature, art, and politics.Trade Review'... a volume that definitely refutes the biased view of the Cold War as a terra incognita for international lawyers and summons historians to take up the gauntlet of writing Cold War histories that account for the multiple dimensions in which international law was made and performed during a period we have not entirely moved out to this day.' Etienne Peyrat, Journal of the history of International LawTable of ContentsDedication; About the editors; About the authors; List of figures; Acknowledgements; 1. Reading and unreading a historiography of hiatus Matthew Craven, Sundhya Pahuja and Gerry Simpson; Part I. The Anti-Linear Cold War: 2. International law and the Cold War: reflections on the concept of history Richard Joyce; 3. The elusive peace of Panmunjom Dino Kritsiotis; Part II. The Generative/Productive Cold War: 4. Accounting for the ENMOD convention: Cold War influences on the origins and development of the 1976 Convention on Environmental Modification techniques Emily Crawford; 5. Nuclear weapons law and the Cold War and post-Cold War worlds: a story of co-production Anna Hood; 6. Parallel worlds: Cold War division space Scott Newton; 7. Shadowboxing: the data shadows of Cold War international law Fleur Johns; 8. Contesting the right to leave in international law: The Berlin Wall, the third world brain drain and the politics of emigration in the 1960s Sara Dehm; 9. Bridging ideologies: Julian Huxley, Détente, and the emergence of international environmental law Aaron Wu; 10. More than a 'parlour game': international law in Australian public debate, 1965–1966 Madelaine Chiam; 11. Environmental justice, the Cold War and US human rights exceptionalism Carmen G. Gonzalez; 12. The Cold War and its impact on Soviet legal doctrine Anna Isaeva; 13. Forced labour Anne-Charlotte Martineau; 14. Rupture and continuity: North–South struggles over debt and economic co-operation at the end of the Cold War Julia Dehm; 15. The Cold War history of the landmines convention Treasa Dunworth; Part III. The Parochial/Plural Cold War: 16. The Cold War in Soviet international legal discourse Boris N. Mamlyuk; 17. The Dao of Mao: Sinocentric socialism and the politics of international legal theory Teemu Ruskola; 18. 'The dust of Empire': the dialectic of self-determination and re-colonisation in the first phase of the Cold War Upendra Baxi; 19. The 'Bihar Famine' and the authorisation of the green revolution in India: developmental futures and disaster imaginaries Adil Hasan Khan; 20. Pakistan's Cold War(s) and international law Vanja Hamzić; 21. International law, Cold War juridical theatre, and the making of the Suez Crisis Charlie Peevers; 22. To seek with beauty to set the world right: Cold War international law and the radical 'imaginative geography' of Pan-Africanism Christopher Gevers; 23. John Le Carré, international law and the Cold War Tony Carty; 24. Postcolonial hauntings and Cold War continuities: Congolese sovereignty and the murder of Patrice Lumumba Sara Kendall; 25. End times in the Antipodes: propaganda and critique in On the Beach Ruth Buchanan.

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Book SynopsisThis is the first history of Irish divorce. Spanning the island of Ireland over three centuries, it places the human experience of marriage breakdown centre stage to explore the impact of a highly restrictive and gendered law and its reform. It considers the accessibility of Irish divorce as it moved from a parliamentary process in Westminster, the Irish parliament and the Northern Ireland parliament to a court-based process. This socio-legal approach allows changing definitions of gendered marital roles and marital cruelty to be assessed. In charting the exceptionalism of Ireland''s divorce provision in a European and imperial framework, the study uncovers governmental reluctance to reform Irish divorce law which spans jurisdictions and centuries. This was therefore not only a law dictated by religious strictures but also by a long-lived moral conservatism.Trade Review'Covering the past four hundred years, this is a major contribution to legal, social and gender history. Urquhart's work is highly revealing about the double-standards towards sexual behaviour, Irish exceptionalism, Catholic and Protestant attitudes towards moral questions, and absence of legal uniformity under the Union.' Mary E. Daly, University College Dublin'This is a superb book - ambitious in scope, yet securely anchored in a formidable array of sources: it is characterised both by judiciousness and by an unflagging empathy. Diane Urquhart has rescued a centrally important theme from neglect and over-simplification - and has thereby consolidated her position within the front rank of modern Irish historians.' Alvin Jackson, University of Edinburgh'Based on extensive archival research, including parliamentary and court evidence, memoirs, letters, and diaries, Irish Divorce provides a nuanced understanding of a practice that concerned itself with both property and gendered propriety. Urquhart makes a significant contribution to understanding the complicated relationship between church, state, and Irish society since 1700.' Karen Steele, Texas Christian University'Urquhart's book represents an insightful and compassionate foray into a very new field. The first all-Ireland history of divorce, it demonstrates how marriage breakdown reflected society's need to regulate succession, sexuality, and legitimacy. This exceptional work charts divorce's role in shaping, and reflecting, modern Ireland's attitude to gender and citizenship.' Oonagh Walsh, Glasgow Caledonian University'(A) balanced and masterful treatment of complex issues.' Brian Maye, Irish Times'As lucid as it is thorough, Irish Divorce: A History contributes a comprehensive look at a fraught social issue through exhaustive research and careful contextualisation. It offers a profoundly humane and empathetic analysis of what, for many, proved an elusive necessity that was cordoned off—for centuries—by ideological, nationalistic, imperial, and/or political boundaries and further inflected by class and gender. As a result, this study has much to teach us not only about divorce, but also about the ways the self-fashionings and political maneuverings of a nation-state can subvert the very citizens they are purportedly meant to serve …' Kate Costello-Sullivan, Estudios IrlandesesIrish Divorce: A History contributes a comprehensive look at a fraught social issue through exhaustive research and careful contextualisation.' Kate Costello-Sullivan, Electronic Journal of the Spanish Association for Irish StudiesTable of ContentsIntroduction. The 'anatomy of a divorce'; 1. Divorce in two legislatures: Irish divorce, 1701–1857; 2. The failings of the law: the cases of Talbot and Westmeath; 3. A non-inclusive reform: Ireland and the Divorce and Matrimonial Causes Act of 1857; 4. Divorce in the post-reform era of 1857–1922: 'Like diamonds, gambling, and picture-fancying, a luxury of the rich'?; 5. The widening definition of marital cruelty; 6. Divorce in court, 1857–1922; 7. 'An exotic in very ungenial soil': divorce in the Northern Ireland parliament, 1921–1939; 8. With as 'little provocative as possible': the Northern Ireland move to court; 9. An 'unhappy affair': divorce in independent Ireland, 1922–1950; 10. Marriage law 'in this country is an absolute shambles': the reform agenda; 11. A 'curiosity [and]…an oddity': referenda in 1986 and 1995; 12. The 'last stretch of a long road': the Family (Divorce) Law Act of 1996; Conclusion.

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Book SynopsisFocusing on everyday legal experiences, from that of magistrates, novelists and political philosophers, to maidservants, pauper men and women, down-at-heel attorneys and middling-sort wives in their coverture, History and the Law reveals how people thought about, used, manipulated and resisted the law between the eighteenth and the twentieth centuries. Supported by clear, engaging examples taken from the historical record, and from the writing of historians including Laurence Sterne, William Godwin, and E. P. Thompson, who each had troubled love affairs with the law, Carolyn Steedman puts the emphasis on English poor laws, copyright law, and laws regarding women. Evocatively written and highly original, History and the Law accounts for historians'' strange ambivalent love affair with the law and with legal records that appear to promise access to so many lives in the past.Trade Review'Steedman writes the sort of book we have come to expect - stunningly original, steeped in local archives and literature, distinctive in its methods and voice. History and the Law concerns the everyday legal encounters of ordinary people, and the attraction of the law for historians keen to understand hearts and minds in the past.' James Epstein, Vanderbilt University, Nashville'The always engaging and reflective Carolyn Steedman here chronicles her own and others' struggles to understand and make use of eighteenth-century law - others from that time and others from our time. Taken together, these essays sketch an important agenda for historical enquiry, as well as providing insights into the historian's craft.' Joanna Innes, University of Oxford'Steedman cleverly recounts the history of everyday experiences of the law in modern Britain. Beautifully written and drawing on a wealth of sources from the eighteenth and nineteenth centuries, it will appeal to historians as well as literary and legal scholars alike.' Julia Moses, University of Sheffield'A distinctively approachable, eclectic and stimulating series of reflections on law and history's interactions, both in theory and practice, over the past four centuries, from a leading exponent of modern British cultural and social history.' Wilfrid Prest, Professor Emeritus of History and of Law, The University of Adelaide'Steedman provides a fascinating account of the interactions between the law and the English people in the decades around 1800, touching not only upon such well known figures as Mary Wollstonecraft and William Godwin but also a host of 'ordinary' men and women whose stories enter the historical record so infrequently. Readers of this book will come away with a novel, and perhaps surprising, understanding of the interactions between the law and society in the past.' James Sharpe, Professor Emeritus of Early Modern History, University of York'History and the Law is an intriguing volume that navigates fields and disciplines as distinct as plebeian culture, literary theory, and historiography … the reader's reward is watching a consummate historian at work.' J. A. Jaffe, Choice'… based on an abundance of printed and archival sources as well as extensive secondary literature, [this book] is an impressive monument of this fondness.' Mia Korpiola, Comparative Legal History'… based on an abundance of printed and archival sources as well as extensive secondary literature, [this book] is an impressive monument of this fondness.' Mia Korpiola, Comparative Legal History'… a stimulating and a thought provoking read.' Anne Logan, Cultural and Social HistoryTable of ContentsA beginning: 'history' Stephen Dunn; 1. Its ziggy shape; 2. Law troubles: two historians and some threatening letters; 3. Letters of the law: everyday uses of the law at the turn of the English nineteenth-century; 4. The worst of it: Blackstone and women; 5. Who owns Maria; 6. Sisters in laws; 7. Hating the law: Caleb Williams; 8. The kind of law a historian loved; An ending: not a story; Bibliography; Index.

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Book SynopsisAn overview and compendium of important legal sources, political and religious viewpoints, and broad-form policy analysis of a complicated and difficult issue. The book also tackles the history and politics behind the laws created to control Holy Places in Jerusalem, with a specific focus on the Old City.Table of ContentsIntroduction; 1. Controlling Jerusalem; 2. The legal status of Jerusalem under international law; 3. What is the definition of a Holy Place?; 4. The 'status quo' holy sites; 5. League of Nations and British Mandate; .6 After the British Mandate; 7. Other relevant sacred space in Jerusalem; 8. International avenues of protection; 9. Approaches for managing and controlling Holy Sites; 10. Practical conclusions; 11. Is there any hope?; 12. Coda.

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Book SynopsisThis new edition of Abortion: The Supreme Court Decisions includes all of the major Supreme Court decisions on abortion since the 1960s—as well as many majority, dissenting, and plurality opinions—carefully edited for use by researchers, journalists, and teachers in a variety of disciplines.Trade Review"Abortion: The Supreme Court Decisions has long been an invaluable resource for understanding the contested status of abortion in American law. Updated to bring the narrative to its cataclysmic conclusion in the Dobbs decision of June 2022, this new edition will prove even more essential following the Supreme Court’s repudiation of a half century of precedent." —Linda Greenhouse, Yale University"In Dobbs v. Jackson (2022), the Supreme Court ended the constitutional right to abortion in the United States. Reproductive rights that seemed settled are now subject to change in more than fifty jurisdictions, including a Court that may not have had its last word on the subject. Fortunately for students and scholars alike, Shapiro and Steinmetz have produced an up-to-the-minute guide to the constitutional law of abortion. Their explanations of the legal, historical, philosophical, and political contexts of abortion law are beautifully written, guiding the reader through well-selected cases with clarity." —Elisabeth Ellis, University of Otago, New Zealand"The issue of a right to abortion (alternatively, a right to life) has roiled American politics and society for decades, including in arenas that seem to range far from the topic itself. So, it is essential to understand the judicial decisions that shape Americans’ choices. Abortion has encouraged this understanding through several editions—and the new fourth edition enables us to make sense of recent stunning decisions and dissents. All Americans should read this book." —Jennifer L. Hochschild, Harvard University

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Book SynopsisThe timeless validity of Roman law to contemporary jurists

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Book SynopsisIn Laug, slægt og stat (Guild, Family and State), Lino Vogt focuses on a series of special laws which were introduced by the local authorities at the end of the 13th century. The purpose of these laws - which were directly directed towards several of these families -- has been eagerly debated by historians. Were they expressions of a class struggle? Of a strengthening of governmental authority? Or were they just another weapon in the disputes between the fractions? This publication is simultaneously an introduction and a contribution to the debate.

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

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Book SynopsisIndian peoples made some four hundred treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.In Pen and Ink Witchcraft, eminent Native American historian Colin G. Calloway narrates the history of diplomacy between North American Indians and their imperial adversaries, particularly the United States. Treaties were cultural encounters and human dramas, each with its cast of characters and conflicting agendas. Many treaties, he notes, involved not land, but trade, friendship, and the resolution of disputes. Far from all being one-sided, they were negotiated on the Indians'' cultural aTrade Reviewthe book is especially well-written. Its narrative flows easily through the tortuous paths (both literal and figurative) of treaty making, while always giving proper attention to Native agency and hitherto forgotten historical players ... Suited both for the student and for the historian of American expansionism ... Pen and Ink Witchcraft will be a valuable addition to libraries and classrooms. * Phillip H. Round, American Hisorical Review *Table of ContentsAcknowledgments ; Ch. 1: Treaty Making in Colonial America: The Many Languages of Indian Diplomacy ; Ch. 2: Fort Stanwix, 1768: Shifting Boundaries ; Ch. 3: Treaty Making, American-Style ; Ch. 4: New Echota, 1835: Implementing Removal ; Ch. 5: Treaties in the West ; Ch. 6: Medicine Lodge, 1867: Containment on the Plains ; Ch. 7: The Death and Rebirth of Indian Treaties ; Appendix: The Treaties ; Notes ; Bibliography ; Index

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

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Book SynopsisThe early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.Trade Review[Bird's] book provides an important corrective to misinformation or missing information about this important period in First Amendment history. * Journal of Interdisciplinary History *Table of ContentsTable of Contents PREFACE ACKNOWLEDGMENTS ABBREVIATIONS INTRODUCTION CHAPTER 1 THE RIGHT TO DISSENT, AND THE GROWTH OF FREEDOMS OF PRESS AND SPEECH IN THE EIGHTEENTH CENTURY CHAPTER 2 THE CRIME OF SEDITIOUS LIBEL, AND ENGLAND'S LIMITATION OF FREEDOMS OF PRESS AND SPEECH CHAPTER 3 THE COLLISION OF SEDITIOUS LIBEL AND FREEDOMS OF PRESS AND SPEECH IN AMERICA'S CONSTITUTIONAL PERIOD CHAPTER 4 THE INITIAL SUPREME COURT JUSTICES AND THEIR VIEWS ON FREEDOMS OF PRESS AND SPEECH CHAPTER 5 THE SUCCESSOR SUPREME COURT JUSTICES AND THEIR VIEWS ON FREEDOMS OF PRESS AND SPEECH CHAPTER 6 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE SITTING SUPREME COURT JUSTICES AND THE TRIALS CHAPTER 7 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE MISSING HALF OF THE SEDITION ACT CASES CHAPTER 8 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE REMAINING SUPREME COURT JUSTICES ON THE SEDITION ACT Chapter 9 THE FEDERALIST JUSTICES AND THE REPUBLICAN CRITICS: HISTORICAL MISCONCEPTIONS ABOUT FREEDOM INDEX

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Book SynopsisThe Delaware State Constitution is the first state constitution drafted by a convention composed of popularly elected representatives, and it is rich with history and tradition. The Delaware Bill of Rights has remained almost exactly the same since 1792, and it has enacted specific provisions whereby its three branches of government operate differently from the federal system.The Delaware State Constitution provides an outstanding constitutional and historical account of the state''s basic governing charter. In it, Judge Randy Holland begins with an overview of Delaware''s constitutional history. He then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made over the years. Justice Holland''s learned treatment, along with the list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Delaware''s constitution. This second edition includes all amendments to the Delaware Constitution since 2002 and all significant court decisions interpreting any provision in the Delaware Constitution that have been issued since 2002.The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state''s constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.Trade ReviewHolland has made his imprint on Delaware law with hundreds of rulings, many of them groundbreaking interpretations on the important corporate law. His clearly written opinions have also covered such social issues as the right to die and the right of public housing residents to own weapons. His extensive commentary on each section of the state constitution becomes relevant in the light of current events. * Harry Themal, Delaware Online *Table of ContentsSeries Foreword by G. Alan Tarr Foreword by E. Norman Veasey Acknowledgments Introduction Part one: The History and Development of the Delaware Constitution Part two: The Delaware Constitution and Commentary Preamble Article I: Bill of Rights Article II: Legislature Article III: Executive Article IV: Judiciary Article V: Elections Article VI: Impeachment and Treason Article VII: Pardons Article VIII: Revenue and Taxation Article IX: Corporations Article X: Education Article XI: Agriculture Article XII: Health (Repealed) Article XIII: Local Option Article XIV: Oath of Office Article XV: Miscellaneous Article XVI: Amendments and Conventions Article XVII: Continuity of Governmental Operations Schedule Bibliography Table of Cases Index About the Author

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Trade ReviewMichael J. Klarman's monumental book * undertaking a sweeping exploration of the causes and consequences of all of the Supreme Court's race decisions from Plessy v. Ferguson to Brown vs. Board of Educationis likely to become the definitive study of the Supreme Court and race in the first half of the twentieth century. As a narrative history of the Court's actions on the broad array of constitutional issues relevant to racial equalityfrom criminal procedure to voting rights to desegregationthe book is an invaluable resource.Reviews in American History *Klarman's scholarly text is unique in that it encompasses not only the decision itself, but also the events before and after. * Elaine Cassel, author of The War on Civil Liberties *Of all of the many books published recently on the occasion of Brown's fiftieth anniversary, the most ambitious is Michael J. Klarman's comprehensive history of federal race-relations law from the late nineteenth century until the early 1960s...Klarman's study is a major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence. * Randall Kennedy, The New Republic *Magisterial... * The New York Review of Books *A highly accessible analysis of the interplay between the Supreme Court and U.S. race relations. * Booklist *This luminous study explores the relationship between the Supreme Court and the quest for racial justice.... a sweeping, erudite, and powerfully argued book that, despite its heft, is unfailingly interesting. * Wilson Quarterly *Michael Klarman's authoritative account of constitutional law concerning race * from the late 19th century through the 1960sis brilliant, both as legal interpretation and as social and political history. While the book deals with a wide range of racially charged issuescriminal procedure, peonage, transportation, residential segregation, and voting rightsit focuses with especially keen insights on the Brown v. Board of Education case of 1954. From Jim Crow to Civil Rights is a magisterial accomplishment.James T. Patterson, Bancroft Prize-winning author of Grand Expectations: The United States, 1945-1974 (Oxford, 1996) *Michael Klarman's exhaustively researched study is essential reading for anyone interested in civil rights, the Supreme Court, and constitutional law. Accessible to ordinary readers, students, and scholars, Klarman's book presents a challenging argument that places the Supreme Court's civil rights decisions in their social and political context, and deflates overstated claims for the importance of the Supreme Court's work while identifying carefully the precise contributions the Court made to race relations policy from 1896 through the 1960s. * Mark Tushnet, author of Taking the Constitution Away from the Courts *Pulling together a decade of truly magnificent scholarship, this extraordinary book bids fair to be the definitive legal history of perhaps the most important legal issue of the twentieth century. There is no one from whom I have learned more * and whom I enjoy reading morethan Michael Klarman. This is legal history at its best, and on a panoramic canvas.Akhil Reed Amar, author of The Bill of Rights: Creation and Reconstruction *From Jim Crow to Civil Rights is a bold, carefully crafted, deeply researched, forcefully argued, lucidly written history of law and legal-change strategies in the civil rights movement from the 1880s to the 1960s, and a brilliant case study in the power and limits of law as a motor of social change. Among the hundreds of recent books on the history of civil rights and race relations, Klarman's is one of the most original, provocative, and illuminating, with fresh evidence and fresh insights on practically every page. * Robert W. Gordon, Chancellor Kent Professor of Law and Legal History, Yale University *Michael J. Klarman has written an exhaustive * and according to many reviewers a definitiveaccount of the United States Supreme Court's twentieth-century jurisprudence of race.Law and History Review *Table of ContentsINTRODUCTION; CONCLUSION; NOTES; BIBLIOGRAPHY; INDEX

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Book SynopsisThe U.S. corporate income tax - and in particular the double taxation of corporate income - has long been one of the most criticized and stubbornly persistent aspects of the federal revenue system. Unlike in most other industrialized countries, corporate income is taxed twice, first at the entity level and again at the shareholder level when distributed as a dividend. The conventional wisdom has been that this double taxation was part of the system''s original design over a century ago and has survived despite withering opposition from business interests. In both cases, history tells another tale. Double taxation as we know it today did not appear until several decades after the corporate income tax was first adopted. Moreover, it was embraced by corporate representatives at the outset and in subsequent years businesses have been far more ambivalent about its existence than is popularly assumed. From Sword to Shield: The Transformation of the Corporate Income Tax, 1861 to Present is the first historical account of the evolution of the corporate income tax in America. Professor Steven A. Bank explains the origins of corporate income tax and the political, economic, and social forces that transformed it from a sword against evasion of the individual income tax to a shield against government and shareholder interference with the management of corporate funds.Trade Review"From Sword to Shield is a fascinating read on several levels...Which is to say, if you have any interest in tax, you need to read this book. And even if you don't have any interest in tax, if you are interested in the legislative process or in economic history (or even on the impact of war on fiscal policy), this book is for you." --Samuel D. Brunson, Assistant Professor of Law, Loyola University Chicago School of Law Concurring OpinionsTable of ContentsIntroduction ; Chapter 1: The Roots of a Corporate Tax ; Chapter 2: From Industry Taxes to Corporate Taxes ; Chapter 3: Corporate Tax at the Turn-of-the-Century ; Chapter 4: The Rise of the Separate Corporate Tax ; Chapter 5: Nonrecognition and the Corporate Tax Shield ; Chapter 6: The Origins of Double Taxation ; Chapter 7: The Lost Moment in Corporate Tax Reform ; Chapter 8: The Present and Future of Corporate Income Taxation

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Book SynopsisThe most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court''s discovery of the clause in Griswold v. Connecticut. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirTrade Review"Kurt Lash has made a major contribution to the historical debate over the meaning of the Ninth Amendment. Everyone interested in this crucial and ongoing debate should read this book." --Michael Kent Curtis, Wake Forest School of Law "Kurt Lash's book explores the unexamined and overlooked dimensions to how the Ninth Amendment found its way into the Federal Constitution and, arguably, had a 'life' long before its 'discovery' by the modern Supreme Court in the 1960's. He also recognizes the collective aspect of rights, which is frequently overlooked in the traditional focus of individual rights. The argument hinging on the interpretation and understanding of the Constitution alone is quite complicated, but Professor Lash presents a clear argument with solid research that helps stimulates a re-thinking of the conventional treatment of the Ninth Amendment." --Christian G. Fritz, University of New Mexico School of Law "The Lost History of the Ninth Amendment is magnificent. The Ninth is at the center of important debates about constitutional method and substance. Lash's work on this enigmatic provision has already provoked an explosion of new scholarship - for good reasons. Lash has done something rare and extraordinary - uncovering genuinely new historical evidence about the origins and early interpretation of the Ninth. Lash also has a powerful and original theory of the Ninth's purpose - emphasizing the political powers of 'We the People' and rediscovering the amendment as a lynchpin of popular sovereignty. Lash's book will be debated for years to come." --Lawrence Solum, University of Illinois College of LawTable of ContentsAcknowledgements ; Prologue: Bad Luck ; Chapter I: The Enigmatic Amendment ; Griswold and Justice Goldberg ; Avoiding Lochner ; The Modern Restoration of Unenumerated Rights ; The Conundrums of the Consensus View ; Chapter II: The Origins of the Ninth Amendment ; Introduction: James Madison and His Speech on the Bank of the United States ; The Traditional Account of the Ninth ; The Need to Control the Interpretation of Federal Power ; The Declarations and Proposals of the State Ratifying Conventions ; Madison's Original Draft of the Ninth Amendment ; The Altered Final Language of the Ninth Amendment ; The People's Retained Rights ; Chapter III: Ratifying the Ninth Amendment ; Roger Sherman's Draft Bill of Rights ; Reaction to the Final Draft: The Virginia Debates ; The Concerns of Edmund Randolph ; The Letters of Hardin Burnley and James Madison ; The Virginia Senate Report ; Explaining the Ninth Amendment: Madison's Speech on the Bank of the United States ; The Significance of Madison's Speech ; Chapter IV: The Retained Rights of the People: The Ninth Amendment in Its First Decade ; Introduction: John Page's Battle Against the Alien and Sedition Acts ; The Twin Guardians of Federalism-The Ninth and Tenth Amendments ; St. George Tucker's View of the Constitution ; The Rule of Strict Construction ; Popular Sovereignty and the Ninth Amendment ; Natural Rights and the Original Ninth Amendment: Samuel Chase & Calder v. Bull ; The Alien and Sedition Acts ; The Federalist Party and National Power ; The Ninth Amendment and the Preservation of Individual Liberty: John Page's Remonstrance ; The Rise of the Tenth Amendment ; The Virginia and Kentucky Resolutions ; Madison's Celebrated Report ; The Revolution of 1800 and the Rise of the Tenth Amendment ; Chapter V: Chief Justice John Marshall and the Ninth Amendment ; Introduction: Thomas Emmet's Argument in Gibbons v. Ogden ; Exclusive vs. Concurrent Federal Power ; Defining the Concurrent Powers of the States ; The Lost Opinion in Houston v. Moore ; The Marshall Court and National Power ; Marshall's Nationalism: McCulloch v. Maryland and Gibbons v. Ogden ; The Supreme Court Under Fire ; Defending John Marshall: Story's Commentaries ; Marshall's Retirement and the Return of Strict Construction ; The Bad Luck of Losing John Marshall ; Chapter VI: Guilt by Association: The Ninth Amendment, Slavery, and the Impact of the Fourteenth Amendment ; Introduction: The Secession Speech of Judah P. Benjamin ; The Ninth Amendment and the Antebellum Concept of Liberty ; Slavery and the Ninth Amendment ; The Fourteenth Amendment and the Issue of Incorporation ; The Silence of the Abolitionists ; States' Rights and Abolition ; The Legal Tender Cases ; The Slaughterhouse Cases: Preserving the Rule of Construction ; Hans v. Louisiana: The Ninth and Eleventh Amendments ; Reconciling the Ninth and Fourteenth Amendments ; Chapter VII: The Fall of the Ninth Amendment: The New Deal Restoration of John Marshall's Constitution ; Introduction: The Speech of Senator Pat McCarran, Anticommunist, Anti-New Dealist, Anti-Desegregationist and All- ; Around Unsavory Character-More Bad Luck ; The Ninth and Tenth Amendments in the Progressive Era ; The Rule of Construction and the New Deal ; The Rule Abandoned: The Ninth and Tenth Amendments as Truisms ; The Last Days of the Historic Ninth Amendment: Bute v. Illinois and the Issue of Incorporation ; Chapter VIII: Death and Transfiguration: The Return of the Ninth Amendment-and How Its History Got Filed in the Wrong Box ; The Modern Reading of Retained Rights and Reserved Powers ; Bennett Patterson's Book ; Griswold v. Connecticut ; Turning the Ninth Against the Tenth: Roe v. Wade and Modern Substantive Due Process ; The Return of Federalism: The Rehnquist Court and the Tenth Amendment ; Losing History: Misplaced, Mistaken, and Just Plain Missed ; Chapter IX: Enforcing the People's Retained Right to Local Self-Government ; Popular Sovereignty and Comprehensive Originalism ; Federalism as a Retained Right ; Madison's Rules of Constitutional Construction ; Preserving the Retained Rights of the People ; The Modern Court's Federalism Jurisprudence ; Notes ; Index

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Book SynopsisInternational lawyers and international relations scholars recognize that international norms change over time. Practices that were once permissible and even normal - like slavery, conquest, and wartime plundering - are now prohibited by international rules. Yet though we acknowledge norm change, we are just beginning to understand how and why international rules develop in the ways that they do. Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the legalization and transnational activist approaches, and argue that both are limited by their focus on international rules as outcomes. The authors then present their cycle theory, in which norm change is continual, a product of the constant interplay among rules, behavior, and disputes. International Norms and Cycles of Change is the natural follow-on to Prohibiting Plunder, testing the cycle theory against ten empirical cases. The cases range from piracy and conquest, to terrorism, slavery, genocide, humanitarian intervention, and the right to democracy. The key finding is that, across long stretches of time and diverse substantive areas, norm change occurs via the cycle dynamic. International Norms and Cycles of Change further advances the authors'' theoretical approach by arguing that international norms have been shaped by two main currents: sovereignty rules and liberal rules. Sovereignty rules are the necessary norms for establishing an international society of sovereign states and deal with the rights, prerogatives, and duties of states. Liberal rules are norms that emerged out of the Enlightenment and enshrine the basic value, dignity, and inherent rights of each person. Sandholtz and Stiles include five cases of sovereignty rules and five of liberal rules in order to reveal the broad cyclic pattern of international change in these two categories of rules.Table of ContentsChapter 1. Explaining International Norm Change ; Part I: Sovereignty Rules ; Chapter 2. Banning Piracy: The State Monopoly on Military Force ; Chapter 3. The End of Conquest: Consolidating Sovereign Rights ; Chapter 4. Protecting Cultural Treasures in Wartime ; Chapter 5. Terrorism: Reinforcing States' Monopoly on Force ; Chapter 6. Extraterritoriality: Expanding Exclusive Internal Jurisdiction ; Part II: Liberal Rules ; Chapter 7. Slavery: Liberal Norms and Human Rights ; Chapter 8. Genocide ; Chapter 9. Refugees and Asylum ; Chapter 10. Humanitarian Intervention: Liberal Norms vs. Sovereignty Norms ; Chapter 11. The Right to Democracy ; Chapter 12. Conclusion

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Book SynopsisMoney travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it.One particularly dramatic transformation in money''s design brought capitalism to England. For centuries, the English government monopolized money''s creation. The Crown sold people coin for a fee in exchange for silver and gold. ''Commodity money'' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money''s neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.Trade ReviewThis fascinating book offers an innovative approach to monetary history, by using the historical development of currency in England from the high middle ages to the nineteenth century to challenge the established theory of money and its role in the economyâ This book is an excellent contribution to the existing literature [âand] must also be considered an important contribution to fields such as law, economics, political science, and the history of economic ideas. * Paolo di Martino, The Economic History Review *A closing sentence of Desan's Making Money encapsulates what I find truly extraordinary about her book: Arguably capitalism... constructed a money [based on] individual exchange for profit, institutionalizing that motive as the heart of productivity." ... In my view Desan's greatest contribution in Making Money is a clear explanation of how monetary reform set the stage for modern economic performance. * Carolyn Sissoko, Synthetic Assets *This book is an obvious must for anyone interested in English history generally, and the history of money, banking or finance, or the legal history of these fields in particular. That much goes without saying. For historians of capitalism, it should be a lightning rod, attracting attention with a bold, unorthodox and analytically and historically compelling claim. * Roy Kreitner, Banking and Finance Law Review *Making Money is an impressive work of scholarship that not only surveys many centuries of history, but also offers fresh insights into a topic so laden with assumptions and parables as to seem barely worth reexamination. The book is part legal analysis, part political and economic history, and part numismatics, and it is more representative of an interpretive essay than an encyclopedia of monetary history. * Bruce G. Carruthers, American Historical Review *Christine Desans Making Money: Coin, Currency, and the Coming of Capitalism. . . expands the limited theoretical interventions of myriad governance-view theorists into positive, empirical claims by telling the story of British money through law from the fall of Rome to the eighteenth-century financial revolution, and in so doing expands on them significantly. . . What Desan has given us, and earlier authors have not, is a thorough alternative, grounded in legal history, that, helpfully, includes an origin story for the orthodox account of moneys origins. Although some may continue to defend the orthodox conjectural history of money. . . they will be hard-pressed to do so on empirical grounds in light of Desans account. * Andrew David Edwards, Law and Social Inquiry *Desan's singular achievement has been to not only synthesize a vast literature but to also produce a richly detailed, compelling, and original account of how the development of market commerce and capitalism was largely dependent upon the transformation of the ways in which people thought about and made their money. . . Needless to say this brief review in no way does justice to the narrative reconstruction, eye-watering detail, and historiographical engagement which will surely make Desan's text the definitive account for some time to come. * Simon Middleton, The Medieval Review *Making Money is a fascinating story, full of both meticulous historical detail and compelling conceptual arguments about the relationship between forms of currency, political authority, and the creation of the modern state . . . thought-provoking like David Graebers Debt, but firmly grounded in the minutiae of English history. In these times when everyone from gold bugs (like Ted Cruz, lets not forget) to Bitcoin enthusiasts is calling for a redefinition of money, it reminds us what a complicated and politically determined thing money always has been. * James Kwak, The Baseline Scenario *Christine Desans Making Money should be amongst the points of departure for analysis and reflection not beholden to the existing institutional structures and the interests served by such institutions...This insight elevates Desans book far above the kind of literature that cultivates a generalizing view of money, its current forms, and institutional settings as inevitable expressions of human nature. The conclusions from her contribution to the analysis of money are arguments for changing prevailing monetary regimes. Desan equips us with historical arguments for reinventing money. * Leopold Specht, International Journal of Constitutional Law *Making Money contributes to . . . understanding [the popularity of cash] by providing a detailed and insightful narrative of how cash developed into the killer app of payment technologies. * William Roberds, Journal of Economic Literature *[T]hose interested in gaining a comprehensive understanding of the evolution of money... Will find this book invaluable. [Desans] approach... Is essentially a new history and analysis of how money is made. * Katie Ball, Reviews in History *Making Money will undoubtedly become an exemplary text in its field. It has a lot to offer... In sum, this book is of tremendous value and a notable text in legal history and within those subjects at the peripheries surrounding it. It sets a new path in challenging our ways of studying commercial law and viewing money and currency as a purely economic tool and as a mechanism of exchange. * Victoria Barnes, The Journal of Legal History *[In this book] A constitutional historian dives deep into to joint creation with private investorsto illuminate how the means of exchange is in fact a form of governance and of social order * Harvard Magazine *Christine Desanâs Making Money is not only a fine monetary history of England. The 2014 book is relevant today. It shows cash and governments go together, the gold standard was a misnomer and central banking is political. And we should stop outsourcing money-creation to banks. * Edward Hadas, Breakingviews *Table of ContentsIntroduction ; 1. Creation Stories ; 2. From Metal to Money: Producing the "Just Penny" ; 3. Commodity Money as an Extreme Sport: Flows, Famines, Debasements, and Imitation Pennies ; 4. The High Politics of Money: Strong Coin, Heavy Taxes, and the English Invention of Public Credit ; 5. The Social Stratigraphy of Coin and Credit in Late Medieval England ; 6. Priming the Pump: The Sovereign Path Towards Paying for Coin and Circulating Credit ; 7. Interests, Rights, and the Currency of Public Debt ; 8. Reinventing Money: The Beginning of Bank Currency ; 9. Re-theorizing Money: The Struggle over Money in the Modern Imagination ; 10. The Eighteenth Century Architecture of Modern Money ; Epilogue: The Gold Standard in an Era of Inconvertibility ; Conclusion: From Blood to Water ; Bibliography

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Book SynopsisFoundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.Table of ContentsI THE ENTERPRISE ; 1. Basic Principles ; 2. Differences among Legal Systems ; II PROPERTY ; 3. Possession and Ownership ; 4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht ; 5. Private Modification of the Right to use Property: Servitudes ; 6. Rights Annexed to the Use of Property: The Case of Water Rights ; 7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession ; 8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property ; III TORTS ; 9. The Structure of the Modern Civil and Common Law of Torts ; 10. The Defendant's Conduct: Intent, Negligence, Strict Liability ; 11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality' ; 12. Liability in Tort for Pure Economic Loss ; IV CONTRACTS ; 13. Promises ; 14. Mistake ; 15. Impossibility and Unexpected Circumstances ; 16. Promises to Make a Gift ; 17. Promises to Exchange ; 18. Liability for Breach of Contract ; V UNJUST ENRICHMENT ; 19. The Principle against Unjustified Enrichment ; 20. Restitution without Enrichment? ; 20. Remedies in Restitution

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Book SynopsisA new edition, with translation, introduction, commentary, and interpretative essays, of the Lex Portorii Asiae - the regulations drawn up over nearly two centuries for the customs dues of the rich province of Asia (western Turkey).Trade Reviewmust now be regarded as the standard work for all questions surrounding the inscription * Sven Gunther, The Classical Review *Table of ContentsINTRODUCTION ; TEXT AND TRANSLATIONS ; COMMENTARY ; INTERPRETATIVE ESSAYS ; Geography, Politics and Imperialism in the Asian Customs Law ; The Lex Portorii Asiae and Financial Administration ; The Elaboration and Diffusion of the Text of the Monumentum Ephesenum ; Nero's Reforms of Vectigalia and the Inscription of the Lex Portorii Asiae ; The Social World of Tax Farmers and their Personnel

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Book SynopsisIn the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.Table of ContentsA COMMENT ON THE COMMENTARIES; A FRAGMENT ON GOVERNMENT

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Book SynopsisShedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe''s construction, its hybrid institutional traits, and its often unique substance.Table of ContentsIntroduction ; 1. Recent Reforms of EU Competition Law and their Historical Foundations ; 2. The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge ; 3. The Drafting and the Role of Regulation 17: A Fragile Balance ; 4. National Traditions of Competition Law: Europeanization through Convergence? ; 5. American Influences on EU Competition Law: Two Paths, How Much Dependence? ; 6. Competition Law and Industrial Policy: Imperfect Harmony ; 7. Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period

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Book SynopsisOxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.Table of Contents1. Political Authority and Political Obligation ; 2. How to Hold the Social Fact Thesis: A Reply to Greenberg and Toh ; 3. John Austin on Punishment ; 4. Publicity and the Rule of Law ; 5. Hart and Kelsen on International Law ; 6. Relational Reasons and the Criminal Law ; 7. Fairness and the Justifying Aim of Punishment ; 8. The Embedding Social Context of Promises and Contracts ; 9. Legal Sex

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