Legal history Books
John Wiley and Sons Ltd Parliamentarians at Law
Book SynopsisThis book brings together a selection of law suits brought by peers and members of the house of commons in the royal common law and equity courts at Westminster between 1377 and 1512, relating to themes such as parliamentary elections, the payment of parliamentary wages, and the evolution of the parliamentary privilege of freedom from arrest.Trade Review"This is a valuable collection of documents, the standard of editing remorselessly high, and the editor, particularly in respect of wages cases, has left little for others to find." (The Ricardian XX, 2010) Table of ContentsPart I: Introduction: Covering subjects including the parliamentary privilege of freedom from arrest; parliamentary elections; payments of MPs’ wages; the process of statutory regulation of parliamentary affairs; the royal law courts and their procedures Part II: The Texts: Parallel Latin/Middle English/French – Modern English edition of a) Suits relating to parliamentary privilege b) Suits relating to parliamentary elections c) Select suits relating to the payment of Members of Parliament d) Miscellaneous suits Part III: Appendices: Calendar of suits relating to the payment of Members of Parliament a) List of Peers and Members of the House of Commons mentioned in the texts b) List of Parliaments 1376-151
£27.55
Johns Hopkins University Press The Barristers of Toulouse in the Eighteenth
Book SynopsisOriginally published in 1975. Following the vein of French historiography, many twentieth-century scholars of the French Revolution believed that the middle class of lawyers played a crucial role in the Revolution. In The Barristers of Toulouse, Lenard Berlanstein contends with that notion in a case study examining the response of the Toulousian legal community to the French Revolution. Using tax rolls, marriage contracts, and court records as primary sources, Professor Berlanstein argues that class interestssuch as a desire to preserve their status in the cultured, conservative urban eliteled many Toulousian judges and lawyers to reject the Revolution and to remain loyal to the aristocratic Parlement. In other words, those in the legal community of Toulouse conducted themselves in ways that were consistent with other members of their social and economic class. To supplement his argument, Berlanstein's integrates methods from the New Social History movement.Table of ContentsPrefaceChapter 1. The Professional Life of the BarristersChapter 2. Social and Economic StatusChapter 3. Social and Economic AdvancementChapter 4. Ideas and Reforms in the Age of EnlightenmentChapter 5. The Barristers in Toulousan Society and PoliticsChapter 6. The Toulousan Barristers in the Revolution (1788-1793)Chapter 7. Concluding RemarksAppendixBibliographyIndex
£25.17
Johns Hopkins University Press Law in American Meetinghouses
Book SynopsisA revealing look at the changing role of churches in the decades after the American Revolution. Most Americans today would not think of their local church as a site for arbitration and would probably be hesitant to bring their property disputes, moral failings, or personal squabbles to their kin and neighbors for judgment. But from the Revolutionary Era through the mid-nineteenth century, many Protestants imbued local churches with immense authority. Through their ritual practice of discipline, churches insisted that brethren refrain from suing each other before infidels at local courts and claimed jurisdiction over a range of disputes: not only moral issues such as swearing, drunkenness, and adultery but also matters more typically considered to be under the purview of common law and courts of equity, including disputes over trespass, land, probate, slave warranty, and theft. In Law in American Meetinghouses, Jeffrey Thomas Perry explores the ways that ordinary AmericansBlack and wTable of ContentsA Note on SourcesIntroductionChapter 1. "The Want of Discipline": Baptist Churches and Local Law in Frontier KentuckyChapter 2. Churches' "Perplexing Difficulties": Race, Gender, and Household RelationsChapter 3. A "Habitation of Justice?": The Market Revolution and the Search for Dispassionate ArbitrationChapter 4. "The Putrid Carnage of Contention": Religious Insurgency and Church AuthorityChapter 5. "A Great Curse to the Neighborhood": Church Property Disputes and State AuthorityConclusionAcknowledgmentsAppendixNotesIndex
£45.90
Johns Hopkins University Press Before Borders
Book SynopsisAn ambitious revisionist history of naturalization as a creative mechanism for national expansion.Before borders determined who belonged in a country and who did not, lawyers and judges devised a legal fiction called naturalization to bypass the idea of feudal allegiance and integrate new subjects into their nations. At the same time, writers of prose fiction were attempting to undo centuries of rules about who couldand who could notbe a subject of literature. In Before Borders, Stephanie DeGooyer reconstructs how prose and legal fictions came together in the eighteenth century to dramatically reimagine national belonging through naturalization. The bureaucratic procedure of naturalization today was once a radically fictional way to create new citizens and literary subjects.Through early modern court proceedings, the philosophy of John Locke, and the novels of Daniel Defoe, Laurence Sterne, Maria Edgeworth, and Mary Shelley, DeGooyer follows how naturalizTrade Review...superbly interdisciplinary book...—International Journal of Law in ContextTable of ContentsAcknowledgmentsIntroduction. Open CountryPart I: Theories of NaturalizationChapter 1. Naturalization in HistoryChapter 2. Ideas of NaturalizationPart II: Fictions of NaturalizationChapter 3. Law of the Foreign FatherChapter 4. Open-Door Domestic FictionPart III: Relations of NaturalizationChapter 5. Unnatural-Born SubjectsCodaNotesIndex
£67.15
Johns Hopkins University Press Before Borders
Book SynopsisAn ambitious revisionist history of naturalization as a creative mechanism for national expansion.Before borders determined who belonged in a country and who did not, lawyers and judges devised a legal fiction called naturalization to bypass the idea of feudal allegiance and integrate new subjects into their nations. At the same time, writers of prose fiction were attempting to undo centuries of rules about who couldand who could notbe a subject of literature. In Before Borders, Stephanie DeGooyer reconstructs how prose and legal fictions came together in the eighteenth century to dramatically reimagine national belonging through naturalization. The bureaucratic procedure of naturalization today was once a radically fictional way to create new citizens and literary subjects.Through early modern court proceedings, the philosophy of John Locke, and the novels of Daniel Defoe, Laurence Sterne, Maria Edgeworth, and Mary Shelley, DeGooyer follows how naturalizTrade Review...superbly interdisciplinary book...—International Journal of Law in ContextTable of ContentsAcknowledgmentsIntroduction. Open CountryPart I: Theories of NaturalizationChapter 1. Naturalization in HistoryChapter 2. Ideas of NaturalizationPart II: Fictions of NaturalizationChapter 3. Law of the Foreign FatherChapter 4. Open-Door Domestic FictionPart III: Relations of NaturalizationChapter 5. Unnatural-Born SubjectsCodaNotesIndex
£26.10
University of Toronto Press Doodem and Council Fire
Book SynopsisCombining socio-legal and ethnohistorical studies, this book presents the history of doodem, or clan identification markings, left by Anishinaabe on treaties and other legal documents from the seventeenth through the nineteenth centuries. These doodems reflected fundamental principles behind Anishinaabe governance that were often ignored by Europeans, who referred to Indigenous polities in terms of tribe, nation, band, or village classifications that failed to fully encompass longstanding cultural traditions of political authority within Anishinaabe society. Making creative use of natural history, treaty pictographs, and the Ojibwe language as an analytical tool, Doodem and Council Fire delivers groundbreaking insights into Anishinaabe law. The author asks not only what these doodem markings indicate, but what they may also reveal through their exclusions. The book also outlines the continuities, changes, and innovations in Anishinaabe governance through the concept oTrade Review"Bohaker develops each of her five chapters—Doodem Tradition, Family in All Four Directions, Anishinaabe Constitutionalism, Governance in Action, and Doodem in the Era of Settler Colonialism—with great care, excellent writing, and in an authentic voice. Her insights are contextualized and supported by detailed maps and illustrations." -- Honours and Awards Committee, OHS Joseph Brant AwardTable of ContentsPreface Introduction 1. The Doodem Tradition 2. Family in All Four Directions 3. Anishinaabe Constitutionalism 4. Governance in Action 5. Doodem in the Era of Settler Colonialism Conclusion Bibliography
£22.49
University of Toronto Press Honorary Protestants
Book SynopsisWhen the Constitution Act of 1867 was enacted, section 93 guaranteed certain educational rights to Catholics and Protestants in Quebec, but not to any others. Over the course of the next century, the Jewish community in Montreal carved out an often tenuous arrangement for public schooling as “honorary Protestants,” based on complex negotiations with the Protestant and Catholic school boards, the provincial government, and individual municipalities. In the face of the constitution’s exclusionary language, all parties gave their compromise a legal form which was frankly unconstitutional, but unavoidable if Jewish children were to have access to public schools. Bargaining in the shadow of the law, they made their own constitution long before the formal constitutional amendment of 1997 finally put an end to the issue.In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal. Based on extensive archiTrade Review'With the appearance of Fraser's Honorary Protestants, I can refer to a full legal history of the topic that is exhaustive in its attention to detail. The book is extensively researched and forcefully argued.' -- Roderick MacLeod Canadian Jewish Studies vol 24:2016Table of ContentsChapter 1: Introduction: Constituting Law, Constituting Justice in the Jewish School Question Chapter 2: Invoking Equality, Invoking Legality: Jews Constituting Their Canadian Identity Chapter 3: Schools, Taxes, Jews, Catholics (and Protestants): The Origins of the Jewish School Question Chapter 4: Jews and Roman Catholics, School Taxes and Protestants: The First Jewish School Question Chapter 5: Taxes, the Rabbi and the Schoolboy: S 93 and the Pinsler Case Chapter 6: Promises, Promises: "Honorary Protestants" in Protestant Schools Chapter 7: Jews, Protestants, and Taxes (Again): The Jewish School Question in the 1920s Chapter 8: Jews, Protestants, Roman Catholics, and the Law: The Jewish School Question Goes to Court Chapter 9: Jews, Protestants, and Roman Catholics: Two Crises, and the Jewish School Question, 1928-31 Chapter 10: The Protestant Jews of Ste. Sophie and La Macaza: Constituting School and Community in Rural Quebec Chapter 11: Outremont and Beyond: The Jewish School Question Moves West Chapter 12: Hampstead and Beyond: From the Ghetto to Citizenship and Equality under Law's Shadow Chapter 13: TMR, St. Laurent, Cote Saint-Luc: Democracy, Law, and the End of the Jewish School Question Chapter 14: Constituting Canada and the Jewish School Question in Montreal
£59.50
MY - University of Toronto Press The Idea of a Moral Economy Gerard of Siena on
Book SynopsisThe Idea of a Moral Economy is the first modern edition and English translation of three questions disputed at the University of Paris in 1330 by the theologian Gerard of Siena.Trade Review'Larwin Armstrong is to be praised for providing us with a valuable scholarly edition of Gerard's influential work.' -- Stephen H. Rigby Economic History Review vol 69:04:2016Table of ContentsPreface and Acknowledgements Introduction Abbreviations Edition Quaestio de usura Tractatus de restitution Quaestio de praescriptione Translation A Question on Usury A Treatise on Restitution A Question on Prescription Bibliography
£49.30
University of Toronto Press Essays in the History of Canadian Law Volume XI
Book SynopsisThe essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867.Table of ContentsForeword Preface Introduction: Quebec and the Canadas, 1760 to 1867: A Legal Historiography G. BLAINE BAKER * Les d buts de la litt rature juridique qu b coise, 1767-1840 SYLVIO NORMAND* Les revendications des nouveaux sujets, francophones et catholiques, de la Province de Qu bec, 1764-1774 MICHEL MORIN*"A just and obvious distinction": The Meaning of Imprisonment for Debt and the Criminal Law in Upper Canada's Age of Reform JEFFREY L. M CNAIRN* The Law of Nations in the Borderlands: Sovereignty and Self-Defence in the Rebellion Period, 1837-1842 BRADLEY MILLER* Minority Groups and the Law in Quebec, 1760-1867 DONALD FYSON* tre demanderesse en Justice: Permanences civilistes dans la Province de Qu bec, de la Juridiction royale de Montr al (1740-1760) la Cour des plaids communs de Montr al (1760-1791) DAVID GILLES*"To shudder at the bare recital of those acts": Child Abuse, Family, and Montreal Courts in the Early Nineteenth Century IAN C. PILAR CZYK* Married Women's Property Law Reform, Couples, and Fraud in Canada West / Ontario, 1859-1900 LORI CHAMBERS* From Shaved Horses to Aggressive Churchwardens: Social and Legal Aspects of Moral Injury in Lower Canada ERIC H. REITER*"Possession of arms among these men ... might lead to serious consequences": Regulating Firearms in the Canadas, 1760-1867 R. BLAKE BROWN* Grand Juries and "Proper Authorities": Low Law, Soft Law, and Local Governance in Canada West / Ontario, 1850-1880 MARY STOKES Contributors Index
£67.15
University of Toronto Press The Court of Appeal for Ontario
Book SynopsisIn Christopher Moore’s lively and engaging history of the Court of Appeal for Ontario, he traces the evolution of one of Canada’s most influential courts from its origins as a branch of the lieutenant governor’s executive council to the post-Charter years of cutting-edge jurisprudence and national influence.Discussing the issues, personalities, and politics which have shaped Ontario’s highest court, The Court of Appeal for Ontario offers appreciations of key figures in Canada’s legal and political history – including John Beverly Robinson, Oliver Mowat, Bora Laskin, and Bertha Wilson – and a serious examination of what the right of appeal means and how it has been interpreted by Canadians over the last two hundred years. The first comprehensive history of the Ontario Court of Appeal, Moore’s book is the definitive and eminently readable account of the court that has been called everything from a bulwark against tyranny Trade Review'Moor's effort is worthy of unabashed praise - Canadian legal history is fortunate that he has developed a specialty in the history of the legal profession.' -- R. Blake Brown Canadian Historical Review vol 96:03:2015
£40.50
University of Toronto Press Essays in the History of Canadian Law Volume VII
Book SynopsisLaw firms are important economic institutions in this country: they collect hundreds of millions of dollars annually in fees, they order the affairs of businesses and of many government agencies, and their members include some of the most influential Canadians. Some firms have a history stretching back nearly two hundred years, and many are over a century old. Yet the history of law firms in Canada has remained largely unknown. This collection of essays, Volume VII in the Osgoode Society's series of Essays in the History of Canadian Law, is the first focused study of a variety of law firms and how they have evolved over a century and a half, from the golden age of the sole practitioner in the pre-industrial era to the recent rise of the mega-firm. The volume as a whole is an exploration of the impact of economic and social change on law-firm culture and organization. The introduction by Carol Wilton provides a chronological overview of Canadian law-firm evolution and emphasizes
£36.00
John Wiley and Sons Ltd A Century of Constitutional Reform
Book SynopsisA Century of Constitutional Reform is a detailed study of the introduction, passage and consequences of major constitutional legislation in the United Kingdom. The book covers legislation enacted since the passage of the Parliament Act 1911, with contributions from leading specialists.Table of ContentsList of Contributors. 1. Introduction: A Century of Change (Philip Norton). 2. Hedging and Ditching: The Parliament Act 1911 (Chris Ballinger). 3. Laying the Foundations of the Modern Voting System: The Representation of the People Act 1918 (Robert Blackburn). 4. Divided Loyalties: The European Communities Act 1972 (Philip Norton). 5. Extending the Role of the Courts: The Human Rights Act 1998 (David Feldman). 6. Enacting Scotland’s ‘Written Constitution’: The Scotland Act 1998 (Barry K. Winetrobe). 7. Stages and Muddles: The House of Lords Act 1999 (Alexandra Kelso). Index.
£19.71
MP-NCA Uni of North Carolina La abolici243n del tormento El in233dito
Book SynopsisThe abolition of judicial torture was one of the most consequential issues debated in eighteenth century continental Europe. A revealing component of this controversial debate was presented in the Discurso sobre la injusticia del apremio judicial, written by the attorney Pedro Garcia del Canuelo. This volume analyses, transcribes, and reproduces the complete Discurso.
£48.75
MP-NCA Uni of North Carolina American Gold Digger Marriage Money and the Law from the Ziegfeld Follies to Anna Nicole Smith
Book SynopsisWhether feared, admired, or desired, the “gold digger” appears almost everywhere gender, sexuality, class, and race collide. This fascinating work reveals the assumptions and disputes around women's sexual agency in American life, shedding new light on the cultural and legal forces underpinning romantic, sexual, and marital relationships.
£26.36
MP-NCA Uni of North Carolina Cruising for Conspirators How a New Orleans DA Prosecuted the Kennedy Assassination as a Sex Crime
Book SynopsisAt once a dramatic courtroom narrative and a deeper meditation on the enduring power of homophobia, Cruising for Conspirators shows how the same dynamics that promoted the unjust prosecution of Clay Shaw in the wake of JFK’s assassination continue to inform conspiratorial thinking to this day.
£23.96
MP-NCA Uni of North Carolina The Men of Mobtown Policing Baltimore in the Age of Slavery and Emancipation
Book SynopsisWhat if racialized mass incarceration is not a perversion of our criminal justice system's liberal ideals, but rather a natural conclusion? Adam Malka raises this disturbing possibility through a gripping look at the origins of modern policing in the influential hub of Baltimore during and after slavery's final decades.Trade ReviewIn this absorbing history of policing in 19th century Baltimore, Adam Malka uses a close case study to fill out our understanding of the evolution of policing, vigilantism, and property in 19th century America." - CrimeReads"The Men of Mobtown is a remarkable book. . . . Malka's major achievement is to force readers to consider how today's racial disparities in policing and incarceration are rooted not only in the last fifty years, or in Jim Crow, but in liberal attempts at Reconstruction and the abolition of slavery." - Criminal Law and Criminal Justice Book Reviews"Turns the conventional wisdom about racial policing in the United States on its head. Far from being a grotesque, late twentieth-century distortion of American political principles, race-based disparities in arrests and incarceration, according to Malka, are expressions of core liberal values and emerged alongside assumptions about African American freedom. . . . This argument is original, important, and timely." - Journal of Social History"One of the very few works to examine policing in the era of slavery and Reconstruction. It is an ambitious work at that, trenchantly argued and impressively researched. . . . Malka's major achievement is to force readers to consider how today's racial disparities in policing and incarceration are rooted not only in the last fifty years, or in Jim Crow, but in liberal attempts at Reconstruction and the abolition of slavery." - Criminal Law and Criminal Justice Books"A remarkable book. . . . Malka's major achievement is to force readers to consider how today's racial disparities in policing and incarceration are rooted not only in the last fifty years, or in Jim Crow, but in liberal attempts at Reconstruction and the abolition of slavery." - Joshua Clark Davis, Criminal Law and Criminal Justice Books"[Malka] provides a significant contribution to the history of policing in the United States, pressing readers to consider uncomfortable truths." - Journal of Southern History"Malka's book lays the foundation for our contemporary understanding of how African Americans became the primary victims of police abuse and mass incarceration. He uses newspapers, court records, published reports, and a host of primary sources to support his argument that white supremacy was the driving force that shaped policing and criminal justice in nineteenth-century Baltimore." - Journal of American History
£27.96
MP-NCA Uni of North Carolina Proving Pregnancy Gender Law and Medical
Book SynopsisExamining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Proving Pregnancy documents how women - Black and white, enslaved and free - gradually lost control over reproduction to male medical and legal professionals.
£73.50
MP-NCA Uni of North Carolina Proving Pregnancy Gender Law and Medical
Book SynopsisExamining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Proving Pregnancy documents how women - Black and white, enslaved and free - gradually lost control over reproduction to male medical and legal professionals.
£25.46
MP-NCA Uni of North Carolina Lawyer Jailer Ally Foe Complicity and Conscience
Book SynopsisIn re-creating the daily lives of War Relocation Authority attorneys, Eric Muller adds colour, nuance, and pathos to the historical record by creating narrative and dialogue, illustrating how the lawyers' backgrounds, temperaments, circumstances, and personalities shaped their engagements with the unjust system they helped operate.Trade ReviewVivid. . . . For readers interested in human rights, concentration camps, or the legal history of this period, this is an important work."—Library Journal In a powerful yet easily read narrative, Muller documents with precision the tension these lawyers experienced attempting to do good while working in a fundamentally unjust system. Based on meticulous research . . . . a thought-provoking study of the role of the legal profession in society and the power of individual responsibility, even with its imperfections."—American Bar Association [A] brilliant book . . . . a masterpiece . . . . an important yet understudied topic.—Art Hansen, Nichi Bei News
£22.46
MP-NCA Uni of North Carolina The Birth Certificate An American History
Book SynopsisAward-winning historian Susan Pearson traces the birth certificate’s two-hundred-year history to explain when, how, and why they came to matter so much in the United States. This is a fascinating biography of a piece of paper that grounds our understanding of how those who live in the United States are considered Americans.Trade ReviewAbsorbing...An accessible, lively study of how a now-standard record came about."—Kirkus Reviews"This impeccable and captivating work of historical scholarship will appeal to any historian of the postbellum United States, but particularly to social historians, intellectual historians, and historians of science and technology...In The Birth Certificate, Pearson brilliantly weaves together a variety of archival sources to elucidate the intersection between lived experience, state bureaucracy, and systems of epistemic authority."—Journal of Interdisciplinary History"Richly researched, beautifully written. . . . [A] crucial historical analysis of the vital bureaucratic document that establishes American identity" —American Journal of Legal History"A crucial contribution to the study of age as a category of analysis. . . . Pearson's work will be thought-provoking for scholars and students alike."—Journal of the History of Childhood and Youth
£21.56
University of Texas Press Democratic Law in Classical Athens
Book SynopsisThe democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably pTrade ReviewBacked by many years of research in the field of Greek law, the author systematically demonstrates the many ways in which the Athenians ensured that their legal system upheld both the rule of law and democratic ideals and shows clearly that the Athenian legal system was one that achieved its aims and worked as intended in the context in which it developed...Gagarin’s latest work is, as always, accessible and coherent while remaining precise and incisive. It will be a valuable introduction to the Athenian legal system for many and a useful addition to the libraries of scholars and students working on the Athenian democracy. * Polis *[Democratic Law in Classical Athens] does a very good and interesting job of exploring the Athenian judicial system in its wider civic context. * Sehepunkte *[Democratic Law in Classical Athens] is a discerning overview of the workings of the Athenian judicial system with a crucial emphasis on the context of ancient democracy and culture. The writing is lucid, thorough, meticulously footnoted, well illustrated with copious ancient examples and informative for scholars of all levels...We must always remember that the ancients were regular people with a culture, world view and practice of self-government far different from our own. In constructing this rich and dynamic social setting Gagarin shines. * Classical Review *"Gagarin’s argument is characteristically nuanced and persuasive, grounded in the sources and in a deep understanding of the operation of law both in Classical Athens and more widely in Archaic and Classical Greece. The book’s thoughtful discussion will make it a valuable addition to the collections of scholars and students of Athenian law and democracy, and it is likely to serve as a clear and accessible introduction to the subject for many." * Journal of Hellenic Studies *Apart from being well-written and easily comprehended, Gagarin’s latest work is worth reading above all for his courage in tackling the much-debated issue of the effectiveness of the Athenian legal system. The author’s intelligent employment of comparisons between legal practices in Athens and in modern states, which helps him demonstrate the high degree of efficiency of the Athenian legal system, brings studies on Athenian law closer to comparative legal studies and, thus, to a readership not limited only to classicists...readers who are open to discovering a new perspective on Athenian law will be made to feel at ease by the clarity of his thought. * Bryn Mawr Classical Review *[Democratic Law in Classical Athens] provides an excellent overview of the relationship between law and democracy in Athens and serves as a testament to the great care and judgment with which Gagarin has studied the subject over many years. * Mouseion: Journal of the Classical Association of Canada *Table of Contents Preface Introduction Chapter 1. Democracy Chapter 2. Performance Chapter 3. Negotiation Chapter 4. Rhetoric Chapter 5. Rules and Relevance Chapter 6. Justice Chapter 7. Public Interest Chapter 8. The Rule of Law Conclusion Bibliography Index Locorum General Index
£31.50
New York University Press American Legal Education Abroad
Book SynopsisA critical history of the Americanization of legal education in fourteen countriesThe second half of the twentieth century witnessed the export of American powerboth hard and softthroughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideTrade Review"Bartie and Sandiomerski have brought together a distinguished group of authors who together encourage us to reflect on the extent to which the American model of legal education has been accommodated (or resisted) around the world. In addition to providing revealing insights into the ways in which different jurisdictions have interpreted the notion itself, the collection succeeds in demonstrating the ways in which local circumstances have influenced the way reception of American legal education has played out, with very different results. A fascinating read." -- Fiona Cownie, Professor of Law Emerita, Keele University"This fascinating collection of essays by eminent legal scholars and historians examines the global influence of American legal education. The essays are by no means formulaic, as the impact of American legal education is considered in the light of each country’s varied historical and political context, whether it be decolonization in Nigeria or post-Soviet experience in Estonia. The essays also eschew the simplistic and one-dimensional view that American legal education was accepted without question, as there was actual resistance on the part of France, for example, and Japan regarded it as irrelevant." -- Margaret Thornton, Professor of Law Emerita, The Australian National University"This excellent selection of essays presents the US law school in all its duality as both a powerful global cultural imaginary, and a highly contingent set of local practices. In its nuanced and geographically wide-ranging assessment of the ‘Americanization’ project, this book provides an important resource for scholars of the history and globalization of legal education." -- Julian Webb, Professor of Law, Melbourne Law School, Australia"Contributors to Bartie and Sandomierski’s volume present a critical history of the Americanization of legal education in fourteen countries. They argue that the second half of the twentieth century witnessed the export of power—both hard and soft—throughout the world, and they focus on the effect of US cultural and economic imperialism on legal education. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally." * Law and Social Inquiry *"American Legal Education Abroad–Critical Histories is a book that deserves to be read by any legal scholar, particularly those interested in comparative legal history… it is an important contribution to the theory of legal transplants and adds a significant piece to the literature on the ‘Americanisation’ of law and legal culture." * Comparative Legal History *
£45.00
New York University Press Stories from Trailblazing Women Lawyers Lives in
Book SynopsisTrade Review"Stories from Trailblazing Women Lawyers is an inspirational story of individual successes and even more important, a historical analysis of the march toward improved gender equality in America." * Trial Magazine *"I cannot even begin to do justice to these stories, so I recommend it as reading for everyone. I have always considered Ruth Bader Ginsburg an inspiration, but now I know the names and stories of other trailblazers to admire: Ruth Abrams, Joanne Garvey, Constance Harvey, Herma Hill Kay, Shirley Hufstedler, Belva Lockwood, Janet Reno, Catherine Roraback, Norma Shapiro, Ada Shen-Jaffe, and so many more... Stories from Trailblazing Women Lawyers is not just the story of what women went through to attain their current place in the law, but an empowerment to keep the fight for equality going strong. This book is highly recommended for law school libraries." -- Law Library Journal"[A]n interesting look at the lives of women who joined the legal profession in the middle and later part of the last century...[I]t offers tales both fascinating and frustrating about barriers and burdens women suffered as they fought their way into the legal profession" -- The Champion"This remarkable volume collects the life and career stories of more than a hundred female lawyers, all part of the so-called 'second wave'of the movement, that is the period after women gained suffrage and other full citizenship rights. These are women who have written important scholarship, served as Deans of major institutions, risen to the highest ranks of law practice while also devising new forms of public service---their stories mark a true revolution in the profession. The production of the book itself is as remarkable as the content a vast collaborative effort of oral history taking and writing, now organized with an historians fine hand. It will be useful for years to all scholars of the legal profession as a model and an inspiration." -- Barbara Babcock,Crown Professor Emerita, Stanford Law School, author of Fish Raincoats, A Woman Lawyer's Life"Jill Norgren has written a compelling portrait of women on the front lines of the ongoing struggle for gender equality in the legal profession. Her book eloquently describes a central feature of the civil rights revolution that continues today, and reminds us not to take for granted the hard-won victories of those whose stories she tells." -- John Shattuck,author of Freedom on Fire: Human Rights Wars and America's Response"The words of the women lawyers here tell an inspiring yet sobering story of the path women lawyers blazed in the 20th century. They all, even the most successful and influential, faced the roadblocks of gender discrimination as they made their way through law school and up the professional ladder, and as they confronted the enduring challenge of balancing their personal and professional lives. Their stories are both a window into the past and a beacon for the future, revealing just how far women lawyers have advanced as well as what lies ahead in the 21st century." -- Virginia G. Drachman,author of Sisters in Law: Women Lawyers in Modern American History
£22.79
New York University Press Justice in a New World
Book SynopsisA historical and legal examination of the conflict and interplay between settler and indigenous laws in the New WorldAs British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other's ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors' notions of justice and advanced their own conceptions during workaday Trade ReviewJustice in the New World is an exciting and timely collection of essays with thinkers who have been at the forefront of research on legal intelligibility in the Americas. The collection brings questions of justice, law, and legality into an imperial and comparative frame, with close attention paid to the differences in the Iberian and North American worlds. -- Michelle McKinley, University of Oregon School of Law,Author of Fractional Freedoms: Slavery, Intimacy, and Legal Mobilization in Colonial LimaThe essays in this volume unsettle much of the conventional wisdom about the process of colonization, by revealing the staggering complexity of the laws role in mediating relationships between settlers and indigenous people in the American colonies of Britain and Spain. The essays are richly researched and elegantly written, and they are bracketed by extraordinarily thoughtful introductory and concluding chapters. This book is essential reading for anyone interested in colonial or legal history. -- Stuart Banner,author of How the Indians Lost Their Land: Law and Power on the FrontierWhat could 'law' and 'justice' mean in the context of the European conquest and colonization of the Americas? The deeply researched essays in this volume examine illuminating cases where justice was a contested, ever-shifting concept as indigenous peoples and colonizers confronted one another in settings from Brazil and Peru to Florida, New England and Virginia. Featuring a distinguished roster of scholars, the books broadly comparative approach, as well as its insistence on foregrounding indigenous justice, will ensure that it is recognized as a landmark contribution to the burgeoning literature on law and colonialism. -- Allan Greer,McGill UniversityThis edited volume explores the negotiations between Iberian, English, and Indigenous legal regimes in the crucible of the early US. It begins with Owensby and Ross’s excellent introduction to recent scholarship on early European empires, emphasizing that the Spanish and Portuguese sought to incorporate Indigenous peoples in their colonial structures, and the English kept natives separate .… Though the stated focus of the collection is the law and its workings, it is enlightening and useful for readers interested in many other aspects of colonial and native encounters and developments. * Choice *This collection makes a compelling contribution to the field, and is a must-read for everyone with an interest in histories of colonial law and culture. * Journal of the History of International Law *The editors deserve praise for their willingness to incorporate diverse, even conflicting, perspectives on the multiple intersections of law with colonialism in Iberian American and Anglo-American contexts… Taken as a whole, the collection marks a turning point in legal scholarship on colonialism in the Americas. * Journal of American History *
£23.74
New York University Press Being Watched Legal Challenges to Government
Book SynopsisTrade Review"Being Watched traces the history of political surveillance aimed at dissenters exercising free speech rights and, more recently, cyber surveillance aimed at everybody. The focus, with an easy explanatory style and depth brought to complex legal and technological issues, is the evolution of an obscure, judicially-created legal theory used by the Supreme Court over the last several decades to reject even minimal constitutional restraints on government surveillance. Must reading for anyone concerned about the erosion of privacy and cyber integrity." -- David Kairys, Temple law professor, author of Philadelphia Freedom, Memoir of a Civil Rights Lawyer"How many Americans realize that a wide array government surveillance practices has been effectively shielded from judicial review because of obscure legal rules about who has the requisite standing to sue? In Being Watched, Jeffrey Vagle weaves together cultural, social, and legal history to tell a tale about how Americas surveillance regime has largely managed to steer clear of meaningful checks and balances. Being Watched is an experts account of government surveillance in America stretching from the Civil War to our present post-Snowden moment, filled with details useful to the scholar and the general public alike." -- Ben Wizner,Director, Speech, Privacy and Technology Project, American Civil Liberties Union"To most non-lawyers, 'standing' is an arcane legal principle. But understanding what it is and what it means is essential to understanding why the courts have not been an effective check on improper government surveillance. Vagle explains it all, very clearly, and explains what it means for privacy and civil liberties." -- Steven M. Bellovin,Columbia University
£21.84
New York University Press Laws Infamy
Book SynopsisAn analysis of how problematic laws ought to be framed and consideredFrom the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might bewhether Dred Scott v. Sanford or Plessy v. Fergusonthe stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself actsTrade ReviewA compelling examination by a diverse group of scholars on the historical, political, cultural and social meanings of ‘legal infamy.’ No one in the field of interdisciplinary law and culture studies has had more success than Austin Sarat at using the thematic essay anthology as a platform for robust, and rigorous, intellectual engagement. Law’s Infamy is poised to become a significant contribution to the field. -- Kendall Thomas, co-editor of Critical Race Theory: The Key Writings That Founded the MovementAn excellent, challenging, and thought-provoking book whose essays position many instances of complicity and ‘infamy’ into thoughtful, compelling, and unusual juxtaposition. The move to discuss the ‘anti-canon’ of ‘infamous’ cases is a brilliant approach to the problem of judicial complicity. -- Linda R. Meyer, Quinnipiac UniversityContributors to Sarat, Douglas, and Umphrey’s volume ask when and why the word ‘infamy’ should be used to characterize legal decisions or actions. They consider how legal institutions themselves engage in infamous actions, and they urge that scholars and activists identify infamous decisions that are worthy of repudiation and label them as such, highlighting the damage done when law itself acts infamously. * Law and Social Inquiry *
£62.90
New York University Press Laws Infamy
Book SynopsisAn analysis of how problematic laws ought to be framed and consideredFrom the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might bewhether Dred Scott v. Sanford or Plessy v. Fergusonthe stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself actsTrade Review"A compelling examination by a diverse group of scholars on the historical, political, cultural and social meanings of ‘legal infamy.’ No one in the field of interdisciplinary law and culture studies has had more success than Austin Sarat at using the thematic essay anthology as a platform for robust, and rigorous, intellectual engagement. Law’s Infamy is poised to become a significant contribution to the field." -- Kendall Thomas, co-editor of Critical Race Theory: The Key Writings That Founded the Movement"An excellent, challenging, and thought-provoking book whose essays position many instances of complicity and ‘infamy’ into thoughtful, compelling, and unusual juxtaposition. The move to discuss the ‘anti-canon’ of ‘infamous’ cases is a brilliant approach to the problem of judicial complicity. " -- Linda R. Meyer, Quinnipiac University"Contributors to Sarat, Douglas, and Umphrey’s volume ask when and why the word ‘infamy’ should be used to characterize legal decisions or actions. They consider how legal institutions themselves engage in infamous actions, and they urge that scholars and activists identify infamous decisions that are worthy of repudiation and label them as such, highlighting the damage done when law itself acts infamously." * Law and Social Inquiry *
£23.74
New York University Press Rebuilding Expertise
Book SynopsisWhy the public has lost faith in government and how it can be restored In 1964, over three-quarters of Americans trusted the federal government to do the right thing all or most of the time. By 1980, that number had plummeted to 26 percent, and Ronald Reagan won a sweeping victory for the presidency while proclaiming that government was not the solution to our problems but was itself the problem. Today, Americans' trust in public institutions is at near historic lows and bureaucracy and big government are pejorative terms. In Rebuilding Expertise, William D. Araiza investigates the sources of this phenomenon and explains how we might rebuild trust in our public institutions. Written in accessible and engaging language, the author examines the history of this deterioration of trust and reveals how politicians from Clinton to Trump have allowed that deterioration to continue, and, in some cases, actively encouraged it. Using an interdisciplinary approach, with insights from history, pTrade Review"Rebuilding Expertise synthesizes decades worth of history, policy, and law to illustrate how weakening faith in government has been going on for decades and is not simply a Trump phenomenon. Timely, accessible, and thoroughly engaging; this book is a must read." -- Wendy E. Wagner, Richard Dale Endowed Chair in Law, the University of Texas at Austin"Rebuilding Expertise offers a terrific exploration of the federal government, and is a must-read for laypersons and scholars alike. It is remarkably sweeping, providing colorful and keen insight into how the government has functioned under several presidents from Reagan through Trump. Araiza’s detailed exposition illustrates clearly that the increasing interest in deregulation from politicians and the American public alike stems from a fundamental lack of trust in the government. Moreover, the book’s central contention that this trust, and the government itself, can be rehabilitated by reinvigorating administrative expertise, is a meaningful response to the problems of competence and polarization faced by the US today. Ultimately, Araiza’s prescription—that the bureaucracy be accorded expansive power and wide berth—is controversial, but may very well be the key to improving both the effectiveness and legitimacy of the administrative state. I highly recommend this book!" -- Bijal Shah, Visiting Professor of Law, UC Berkeley School of Law, and Associate Professor of Law, Arizona State University, Sandra Day O’Connor College of Law"Araiza does a masterful job at making the complex and interwoven causes of the decline in public trust accessible and engaging. Rebuilding Expertise is essential reading for those invested in understanding the many complex forces that have led us to this current moment in history." -- Sidney Shapiro, Frank U. Fletcher Chair in Administrative Law, Wake Forest University
£30.40
New York University Press American Conservatism
Book SynopsisA collection of essays that unpacks the history, nature, development, and beliefs of American ConservatismThe topic of American conservatism is especially timelyand perhaps volatile. Is there what might be termed an exceptional form of conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly liberal background of American political thought?In American Conservatism, a distinguished group of American political and legal scholars reflect on these crucial questions, unpacking the very nature and development of American conservative thought. They examine both the historical and contemporary realities of arguments offered by self-conscious conservatives in the United States, offering a well-rounded
£48.60
New York University Press The Psychology of Tort Law
Book SynopsisTort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversymost visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintTrade ReviewProvides an engaging description of how human psychology influences both the development of tort law and policy and the decisions of litigants, lawyers, judges, and jurors as they navigate the American civil justice system. Their explanations of psychological theory include cutting-edge empirical research and vivid descriptions of classic court cases that lawyers will immediately recognize from law school as well as contemporary cases drawn from todays headlines. For lawyers, the volume offers valuable insights about how judges and jurors are likely to interpret evidence presented at trial. For policymakers, it highlights the conflicts that arise when human intuition diverges from traditional principles of tort law. And it challenges researchers in social psychology and law with a host of unexplored topics to investigate. -- Paula Hannaford-Agor,Director, Center for Jury Studies, National Center for State CourtsThis book series is off to a fantastic start with this volume on tort law. . . . [The volume] is expansive but highly engaging and readable. The authors, both psychologists teaching in law schools, maximize the utility of their efforts by bringing normally scattered psychological research findings to bear on core concepts in the law. Those who believe that the law should develop its doctrines with reference to human psychology will be immensely aided in their efforts to achieve that objective by the availability of this comprehensive but very accessible review of existing psychological research findings relevant to tort law. -- Tom R. Tyler,Macklin Fleming Professor of Law and Professor of Psychology, Yale University
£30.40
New York University Press Reconciliation and Repair
Book SynopsisFeatures contributions that respond to deep challenges to social cohesion from racial injusticeIn the latest installment of the NOMOS series, a distinguished group of interdisciplinary scholars explore the erosionand potential rebuildingof civic bonds in response to injustice, wrongdoing, and betrayal. Contributors address the possibility of reconciliation and repair, drawing on cutting-edge insights from the fields of political science, philosophy, and law. Nine timely essays explore our pivotal moment in history, from the question of reparations for slavery to the from the artand impactof the public apology.The editors of this volume encourage us to not only examine the roots of mistrust, but also to imagine a collective way forward, particularly as we face the continuing threat of the COVID-19 pandemic. Reconciliation and Repair provides thought-provoking perspectives in an age where they are desperately needed.
£62.70
New York University Press What Roe v. Wade Should Have Said
Book SynopsisTrade Review"The interest of the whole lies precisely in its depiction within a single volume of where the debate stands." -- Federal Lawyer"Brings together some of America’s brightest legal minds to make the best arguments available for and against the constitutional right to abortion. An exceptional volume and essential for anyone who wants to understand the constitutional debate about Roe." -- Nadine Strossen, former President, American Civil Liberties Union"In light of the recent Dobbs Supreme Court decision, this volume is crucial for understanding the constitutional debate for or against abortion. The diverse argumentation along with the inclusion of contemporary sources make this volume an invaluable resource." -- Mark A. Graber, University of Maryland Carey School of Law"This array of intelligent and serious alternatives to the Court’s stunningly inadequate opinion in Roe v. Wade is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices." -- Charles Fried, Harvard Law School
£18.04
New York University Press Unfit for Democracy
Book SynopsisAsked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, A republic, if you can keep it.Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America's survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherentillogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging EasTrade Review"Gottlieb provides a worthy contribution to the scholarly literature on the role of courts in the US." * Choice *"In this passionate, copiously footnoted volume, law professor Stephen Gottlieb ambitiously combines methods of history, political science and legal analysis to assess the state of American democracy." * Law and Politics Book Review *"Almost unique in its intellectual and global scope and ambition. . . . Gottlieb is an outstanding constitutional lawyer, and it is clear that he commands the relevant political science as well." -- H. Jefferson Powell,Duke University"Gottlieb has written a stunning book about democracy, focusing on the Supreme Court through history and today, but also looking comparatively at the experience of other countries. This is a work about law, political science, and history and is filled with important insights about what causes democracies to succeed or fail. The book culminates in a forceful critique of the Roberts Court and how it has damaged American democracy. This is an important book, impressive in its scope and its analysis, and the cautions it offers for the future of democracy in the United States." -- Erwin Chemerinsky,Dean and Distinguished Professor of Law, University of California, Irvine, School of Law"The richness of the book is in its comprehensiveness and almost encyclopedic approach to discussing Supreme Court jurisprudence and in also providing a broader discussion of the conditions essential or at least associated with democracy." -- David Schultz,Hamline University
£22.79
New York University Press What Roe v. Wade Should Have Said The Nations
Book SynopsisTrade Review"The interest of the whole lies precisely in its depiction within a single volume of where the debate stands." -- Federal Lawyer"Brings together some of America’s brightest legal minds to make the best arguments available for and against the constitutional right to abortion. An exceptional volume and essential for anyone who wants to understand the constitutional debate about Roe." -- Nadine Strossen, former President, American Civil Liberties Union"In light of the recent Dobbs Supreme Court decision, this volume is crucial for understanding the constitutional debate for or against abortion. The diverse argumentation along with the inclusion of contemporary sources make this volume an invaluable resource." -- Mark A. Graber, University of Maryland Carey School of Law"This array of intelligent and serious alternatives to the Court’s stunningly inadequate opinion in Roe v. Wade is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices." -- Charles Fried, Harvard Law School
£66.60
New York University Press The Presidents and the Constitution
Book SynopsisShines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation's foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the officethe first president to the forty-fourthhas contributed to the story of the Constitution through the decisions he made and the actions he took as the nation's chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington's early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramTrade ReviewA fluidly fashioned collection of essays about how the roster of American presidents shaped the executive duties as defined in the Constitution....an evenhanded consideration of each president's operating style and effectiveness...A useful...tome featuring top-drawer contributors. * Kirkus Reviews *This volume helpfully spans the gamut of presidents and should be of interest to literate lay persons as well as academics looking for a comprehensive text for classroom use. * Journal of American History *As an author, Gormley is adept at bringing objectivity to controversial subjects, while also highlighting the human motivation behind significant historical events. * Donaldscarinci.com *Gormleyhas assembled a first-rate group of scholars of the American presidency...This book deserves close scrutiny by any student of the U.S. presidency and political development. * Library Journal *The collection of presidential essays leaves readers understanding the extent of the evolution that occurs with each new president. * Choice Connect *An indispensable book on a touchy subject. The American Constitution is not abstract art, it is the foundation of all of our laws. We cut ourselves adrift at great risk to the survival of our civilization. Reviewing the constant, ongoing battle between each successive president and the laws that limited his power offers a perspective that we haven't seen. Gomley has connected the dots and the results offer lessons beyond American history. This is a book about human nature and the struggle for power. As we can see, getting to the White House was not the end of that struggle. It was just the beginning. -- Doug Wead,author of The Raising of a President: The Mothers and Fathers of Our Nation's LeadersIn our system of divided powers, presidents shape Constitutional interpretation with their appointments and by the arguments they make. But often, they have looked on helplessly as the Constitution was used to curb their powers and foil their hopes. This remarkable collection of writers captures the drama of this history, president-by-president. A great idea, well and gracefully executed. -- E.J.Dionne, Jr.,author of Why the Right Went WrongKen Gormley and 44 writers on all our presidents have connected the Constitutional dots brilliantly, demonstrating the immense concentration of power in the chief executive and the different, often contradictory, ways it has been used or misused. The book is a class in Constitutional Law all by itself. In several crucial ways this is what the 2016 race for the White House is aboutwho has precisely what power, who shares it, how is it going to be exercised, and what, if any, are its limits. -- Bob Woodward, Associate Editor, The Washington PostEverything you ever wanted to know about the Supreme Court and the Presidency but were afraid to ask. -- Nina Totenberg,correspondent for NPRGormley and his impressive roster of collaborators have abundantly delivered on the promise of this book's title. The balance between presidential power and presidential accountability is indeed a living history. And good thing, too, as the past generation alone has given us countless examples of how new conflicts and crises create new demands to revise and clarify the practical meaning of constitutional principles. Readers familiar with Gormley's authoritative work on the Clinton impeachment drama will recall how he blended scholarly detachment and fluency with the legal principles at stake with a journalistic gift for making political characters come to life, illuminating their human strengths and frailties, their mix of high and low motives. Here he has replicated that achievement and coaxed his fellow contributors to do the same. Their brisk and readable survey of 44 presidencies puts present-day controversies in context and shows how living history isn't about legal abstractionit is about ambition, conflict, and the consequences and limits of presidential power. -- John Harris * Politico *
£33.25
New York University Press Fixing Law Schools
Book SynopsisAn urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the resistance has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring Trade Review"A swashbuckling and informative critique of legal education… Indispensable for law school personnel and for students contemplating attending law school" * Choice *"Barton provides an excellent exploration, in a very readable style, of what American law schools have experienced since the 2007 recession. I highly recommend this book to anyone interested in legal education." * Canadian Law Library Review *"Fixing Law Schools is essential reading for anyone who cares about legal education or is thinking of getting one. With enormous insight, wit, and eloquence, Ben Barton describes the challenges facing law schools and their students, and the profession’s inadequate responses. At a time when Americans increasingly recognize the importance of the rule of law and reforms to the justice system, this book provides a blueprint for where to start." -- Deborah Rhode, Director, Center on the Legal Profession and E. W. McFarland Professor of Law, Stanford University"Nobody knows more about the state of legal education than Ben Barton, and in this tour-de-force he addresses everything from the past, to the present, to whether enrolling in law school is a good investment for the future. Highly recommended!" -- Glenn Harlan Reynolds, Beauchamp Brogan Distinguished Professor of Law, University of Tennessee College of Law
£23.74
New York University Press Making Habeas Work
Book SynopsisA reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual's imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores tTrade Review"An interesting question is whether history can truly prove anything about the validity of an individual court decision today, even if common-law practice is based on precedents. We know of a number of “precedents” once set by the Supreme Court that have since been overturned by that same Court because the common American understanding of decent social norms has changed over time. Be that as it may, Eric M. Freedman narrates dozens of cases since the colonial era, some in considerable detail, as related to habeas corpus or to a number of other legal proceedings by which the legality of detentions by local and government officials have been protested, prosecuted, and occasionally rejected in court, with fines levied." * Journal of American History *"Focusing on the early history of habeas, and bringing it into dialogue with contemporary struggles, [Freedman] recaptures a lost history of legal remedies that functioned to free aggrieved individuals from the states coercive power." * Tulsa Law Review *"Eric M. Freedman is one of the most important legal thinkers in the area of habeas corpus, and this book reaffirms that status. Keeping one foot in the present and the other firmly planted in the past, Freedman shows how, without the perspective of history, modern jurisprudence can and does go wrong. A compelling reformulation of our understanding of habeas based on extensive historical research." -- Austin Sarat,William Nelson Cromwell Professor Of Jurisprudence & Political Science, Amherst College"Grounding his position in astonishing archival research, Professor Freedman provides a definitive account of habeas corpus as function rather than form. Freedman shows that the legal world in which the Framers of the Federal Constitution enshrined the habeas privilege embraced a collection of practices to check the States power to imprison its subjects. In an age when governments have become increasingly punitive, Freedmans comprehensive and readable work provides timely support for the liberty-protecting function of judges." -- Lee Kovarsky,Professor of Law, University of Maryland Carey Law School"This impressive work of scholarship by one of the leading national experts on habeas corpus draws deeply on history to expand and enrich the modern understanding of the writ. The book is an invaluable resource for legal scholars, the judiciary, and the practicing bar. Its insights will almost certainly surprisereaders, just as they have surprised and informed us notwithstanding our long immersion in the topic." -- Randy Hertz and James S. Liebman, co-authors,Federal Habeas Corpus Practice and Procedure * (LexisNexis 7th ed. & annual supplements) *"Professor Eric Freedman has written a wonderful book explaining the historical and contemporary importance of habeas corpus in protecting liberty. The book is original in its research and also in its analysis, as Professor Freedman explains the role of habeas corpus in a system of checks and balances. This clearly written, thorough examination of habeas corpus is an important contribution to the literature of constitutional law, criminal procedure, and federal jurisdiction." -- Erwin Chemerinsky,Dean and Jesse H. Choper Distinguished Professor, University of California, Berkeley Law School"Professor Eric Freedman charts a new habeas path: one that goes both backward and forward... Freedman uncovers a largely ignored history of habeas corpus. Armed with this broader understanding of habeas’s past... judges and scholars will be better equipped to chart its future." * Harvard Law Review *"As Professor Freedman demonstrates, sometimes judges do not ignore history to reach their goal—they rewrite it." * Westlaw *
£33.25
New York University Press The Evolution of the Juvenile Court
Book SynopsisWinner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice SciencesA major statement on the juvenile justice system by one of America's leading expertsThe juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system's development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 yearsthe ascendance of get tough crime policies and the more recent Supreme Court recognition that children are different.Feld's comprehensive historical analyses trace juvenile courts' evolution though four periodsthe original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today's Kids Are Different era. In each period, changes in the economTrade ReviewFeld has created a thorough and insightful history of the juvenile court system that is a worthy read for both those new to the field and those with extensive knowledge. Furthermore, the book is presented in a manner that is accessible to non-academics while supplying the depth and documentation that those in academia desire. Finally, through the breadth of the scholarship, the work has relevance to those whose focus is law, history, crime, policy, or social science. Feld has crafted a seminal book in the study and interpretation of the juvenile court. -- American Journal of SociologyIts about time someone wrote a book that informs readers about the unadulterated truth of how we treat kids in America. It isnt flattering, and worse, the future doesnt look promising despite reform movements peppered across our nation. * Juvenile Justice Information Exchange *Feld has delivered an important book that will enrich scholars understanding of race and juvenile justice in the recent American past. Though the work might have more closely examined the tensions within, and failures of, the US juvenile justice system since its inception-not just in the & Get Tough era-Feld nonetheless makes a compelling case for reform and restitution. * Journal of the History of Childhood and Youth *Barry C. Feld has been a longtime advocate for young people and a critic of the juvenile justice system. The Evolution of the Juvenile Court culminates his career, bringing together broad and deep knowledge across numerous fields to make a powerful argument for change. The book will be highly valuable for scholars in various disciplines and for policy makers across the United States and beyond. -- The Journal of American HistoryFelds work contributes to our understanding of the transformations in the juvenile court across the 20th century[His] work provides a solid foundation from which to rethink the interplay of race, gender, and class as well as the social and political context in the criminalizing of children. -- Miroslava Chávez-García,Professor in the Department of History with affiliate status in the Departments of Chicana and ChicaProfessor Feld wrote (and continues to write) in a unique way, integrating legal and social science research, with an underlying passion for doing right by children and youth in our society[Most] recently, The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice provides an up-to-date, thorough, critical, and evidence-based assessment of past and current juvenile justice philosophy and system operations in our country. It is a book that should be read and utilized by policy-makers, researchers, practitioners, and students. -- David L. Myers,Professor and Director of Criminal Justice PhD Program, University of New HavenNo one understands the creation, evolution, and transformation of the juvenile court more than Barry Feld. In The Evolution of the Juvenile Court, Feld reveals the recurring exploitation of delinquency as a politically-contested notion throughout the courts first century. Feld applies his vast knowledge of youth crime and juvenile justice to explain how enlightenment science has launched a new era to advance child development within the law. This book shows a path forward to realize the twin ideals of the juvenile court and the foundational rights of adolescents. -- Jeffrey Fagan,Co-editor of The Changing Borders of Juvenile JusticeProvides a comprehensive history of juvenile justice, from the creation of the first juvenile court to the current era. Feld applies his deep reading of legal, social, economic, demographic, and crime trends throughout the past century to help us understand how and why we punish children as we do, and what we should do better. Feld weaves together his background as legal scholar, historian, and sociologist to produce this extraordinary analysis - it is the most thorough and important treatment of juvenile justice I have read. -- Aaron Kupchik,Author of Homeroom Security: School Discipline in an Age of FearStudents of juvenile justice, youth advocates, and policymakers need to read this book. They will undoubtedly learn the sad reality of late twentieth-century juvenile justice reforms, and why current policies disproportionately punish impoverished minority youth. No scholar has written more persuasively and boldly about the legal, sociological, and developmental reasons to pursue justice for all juveniles than Barry Feld. -- Simon I. Singer,Author of America's Safest City: Delinquency and Modernity in SuburbiaFor readers interested in policy, this book highlights how economic and public policy decisions that disproportionately affected minority groups created many of the disparities that are seen in the juvenile justice system today... For other readers, this book is critical in educating them on the decisions and events that have shaped the juvenile justice system thus far, to ensure that there is a shift to the creation of a more effective justice system for children in the United States. * Journal of Youth and Adolescence *The book holds the juvenile court as the dependent variable and aims to examine the influence of social and political contexts, as well as perspectives on race, class, gender, age, and crime, on the changes to the juvenile system. [...] [It is] extremely effective in bringing attention to the influence that outside factors have on the juvenile justice system * Journal of Youth and Adolescence *
£22.79
New York University Press The Psychological Foundations of Evidence Law
Book SynopsisIdentifies and evaluates the psychological choices implicit in the rules of evidenceEvidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think aboutTrade ReviewIn this book, two of the worlds most knowledgeable experts on psychology and law show that the legal rules of evidence are based largely on conjectures about how people think about evidence. Saks and Spellman persuasively demonstrate that some of those conjectures are well-founded, some not, and some are completely at odds with the scientific literature. Who knew? -- Jonathan J. Koehler,Beatrice Kuhn Professor of Law, Northwestern University School of LawMichael J. Saks and Barbara A. Spellman have succeeded brilliantly in doing what too few have attempted and many fewer still have accomplished. This book casts a bright light onto the dusty suppositions of evidence doctrine and employs contemporary psychological science to take the measure of the modern rules. Elegantly written and comprehensive in scope, Saks and Spellmans work establishes a new standard for interdisciplinary scholarship. -- David L. Faigman,John F. Digardi Distinguished Professor of Law, University of California, HastingsAnyone seeking a treasure trove of new ideas will come away motivated, as the authors admirably achieve their noble goal of bringing attention to the need for more psychological research related to the Rules. * PsycCRITIQUES *
£73.80
New York University Press The Evolution of the Juvenile Court
Book SynopsisWinner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice SciencesA major statement on the juvenile justice system by one of America's leading expertsThe juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system's development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 yearsthe ascendance of get tough crime policies and the more recent Supreme Court recognition that children are different.Feld's comprehensive historical analyses trace juvenile courts' evolution though four periodsthe original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today's Kids Are Different era. In each period, changes in the economTrade ReviewFeld has created a thorough and insightful history of the juvenile court system that is a worthy read for both those new to the field and those with extensive knowledge. Furthermore, the book is presented in a manner that is accessible to non-academics while supplying the depth and documentation that those in academia desire. Finally, through the breadth of the scholarship, the work has relevance to those whose focus is law, history, crime, policy, or social science. Feld has crafted a seminal book in the study and interpretation of the juvenile court. -- American Journal of SociologyIts about time someone wrote a book that informs readers about the unadulterated truth of how we treat kids in America. It isnt flattering, and worse, the future doesnt look promising despite reform movements peppered across our nation. * Juvenile Justice Information Exchange *Feld has delivered an important book that will enrich scholars understanding of race and juvenile justice in the recent American past. Though the work might have more closely examined the tensions within, and failures of, the US juvenile justice system since its inception-not just in the & Get Tough era-Feld nonetheless makes a compelling case for reform and restitution. * Journal of the History of Childhood and Youth *Barry C. Feld has been a longtime advocate for young people and a critic of the juvenile justice system. The Evolution of the Juvenile Court culminates his career, bringing together broad and deep knowledge across numerous fields to make a powerful argument for change. The book will be highly valuable for scholars in various disciplines and for policy makers across the United States and beyond. -- The Journal of American HistoryFelds work contributes to our understanding of the transformations in the juvenile court across the 20th century[His] work provides a solid foundation from which to rethink the interplay of race, gender, and class as well as the social and political context in the criminalizing of children. -- Miroslava Chávez-García,Professor in the Department of History with affiliate status in the Departments of Chicana and ChicaProfessor Feld wrote (and continues to write) in a unique way, integrating legal and social science research, with an underlying passion for doing right by children and youth in our society[Most] recently, The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice provides an up-to-date, thorough, critical, and evidence-based assessment of past and current juvenile justice philosophy and system operations in our country. It is a book that should be read and utilized by policy-makers, researchers, practitioners, and students. -- David L. Myers,Professor and Director of Criminal Justice PhD Program, University of New HavenNo one understands the creation, evolution, and transformation of the juvenile court more than Barry Feld. In The Evolution of the Juvenile Court, Feld reveals the recurring exploitation of delinquency as a politically-contested notion throughout the courts first century. Feld applies his vast knowledge of youth crime and juvenile justice to explain how enlightenment science has launched a new era to advance child development within the law. This book shows a path forward to realize the twin ideals of the juvenile court and the foundational rights of adolescents. -- Jeffrey Fagan,Co-editor of The Changing Borders of Juvenile JusticeProvides a comprehensive history of juvenile justice, from the creation of the first juvenile court to the current era. Feld applies his deep reading of legal, social, economic, demographic, and crime trends throughout the past century to help us understand how and why we punish children as we do, and what we should do better. Feld weaves together his background as legal scholar, historian, and sociologist to produce this extraordinary analysis - it is the most thorough and important treatment of juvenile justice I have read. -- Aaron Kupchik,Author of Homeroom Security: School Discipline in an Age of FearStudents of juvenile justice, youth advocates, and policymakers need to read this book. They will undoubtedly learn the sad reality of late twentieth-century juvenile justice reforms, and why current policies disproportionately punish impoverished minority youth. No scholar has written more persuasively and boldly about the legal, sociological, and developmental reasons to pursue justice for all juveniles than Barry Feld. -- Simon I. Singer,Author of America's Safest City: Delinquency and Modernity in SuburbiaFor readers interested in policy, this book highlights how economic and public policy decisions that disproportionately affected minority groups created many of the disparities that are seen in the juvenile justice system today... For other readers, this book is critical in educating them on the decisions and events that have shaped the juvenile justice system thus far, to ensure that there is a shift to the creation of a more effective justice system for children in the United States. * Journal of Youth and Adolescence *The book holds the juvenile court as the dependent variable and aims to examine the influence of social and political contexts, as well as perspectives on race, class, gender, age, and crime, on the changes to the juvenile system. [...] [It is] extremely effective in bringing attention to the influence that outside factors have on the juvenile justice system * Journal of Youth and Adolescence *
£66.60
University of Toronto Press Borderline Crime
Book SynopsisFrom 1819 to 1914, governments in northern North America struggled to deal with crime and criminals migrating across the Canadian-American border. Limited by the power of territorial sovereignty, officials were unable to simply retrieve fugitives and refugees from foreign territory. Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada. For nearly a century, officials ranging from high court judges to local police officers embraced the ethos of transnational enforcement of criminal law. By focusing on common criminals, escaped slaves, and political refugees, Miller reveals a period of legal genesis where both formal and informal legal regimes were established across northern North America and around the world to extradite and abduct fugitives. Miller also reveals how the law remained confused, amorphous, and often ineffectual at confronting the threat of the border to the rule of law. This engrosTrade Review‘Miller’s excellent book is a welcome addition to work on extradition examining everyday legal practices and their underlying jurisprudence foundations… It provides an important study into the intersection between international, British imperial and Canadian law.’ -- Emily Whewell * Legal History vol 25:2017 *"An important and helpful book for legal historians of the Canada-US border, [Borderline Crime] lays a framework for examining how the border was interpreted as a legal and political entity during its most formative years in the nineteenth century. " -- Brandon Dimmel * BC Studies no. 198, Summer 2018 *"This is a scholarly, closely argued book, but it will have appeal to a wide audience. Bradley Miller illustrates his themes with engaging and entertaining examples and writes clearly and concisely…Borderline Crime should become required reading in colonial, early Canadian, and North American international and diplomatic history." -- Lori Chambers, Lakehead University * University of Toronto Quarterly, vol 87 3, Summer 2018 *Table of ContentsChapter 1: Introduction Part I: Sovereign Borders and Criminal Law in Northern North America Chapter 2: The Everyday Challenge of Sovereignty Chapter 3: The Low and High Law of Abduction in the Border Zone Part II: Uncertainty, Amorphousness, and Non-Law Chapter 4: International Law and Supranational Justice in Northern North America Chapter 5: The Non-Law of Refugees in British North America Part III: Law Formation in the Treaty Era Chapter 6: Civilization on the Continent: Law Reform and Imperial Power Chapter 7: Law Formation in the Common Law World Chapter 8: Conclusion
£45.90
University of Toronto Press Power Politics and Principles
Book SynopsisPower, Politics, and Principles gets to the root of the policy-making process, revealing how a wartime order forced employers to the collective bargaining table and marked a new stage in Canadian industrial relations.Table of ContentsIllustrations Preface Acknowledgments Introduction The Unity of Our Country, Fall 1935-Fall 1939 The Prime Minister The Labour Movement The Employers Other Groups The Breastplate of Righteousness, Fall 1939-Fall 1941 More of the Same Incongruities Fine-Tuning Plant Committees The Task that Lies Ahead, Fall 1941-Fall 1942 The Campaign Intransigence Respect and Dignity Adherence A Code of Labour Relations, Fall 1942-Spring 1944 The Impetus The Experts The Code A Fine Conclusion, Spring 1944-Summer 1948 Tempering The Rand Formula Postwar Tumult The Middle of the Road Afterword Reference Index
£68.85
University of Toronto Press Piers Plowman and the Reinvention of Church Law
Book SynopsisIt is a medieval truism that the poet meddles with words, the lawyer with the world. But are the poet’s words and the lawyer’s world really so far apart? To what extent does the art of making poems share in the craft of making laws, and vice versa? Framed by such questions, Piers Plowman and the Reinvention of Church Law in the Late Middle Ages examines the mutually productive interaction between literary and legal makyngs in England’s great Middle English poem by William Langland. Focusing on Piers Plowman’s preoccupation with wrongdoing in the B and C versions, Arvind Thomas examines the versions’ representations of trials, confessions, restitutions, penalties, and pardons. Thomas explores how the literary informs and transforms the legal until they finally cannot be separated. Thomas shows how the poem’s narrative voice, metaphor, syntax and style not only reflect but also act upon properties of canon law, such as pTrade Review"The book not only offers an insightful reframing of Langland’s interest in the law and penitence, but also makes an original and persuasive contribution to scholarship on the text in general. What helps considerably here is Thomas’ careful negotiation of the link between literariness and legality. Rather than simply taking their kinship as read, his study takes the time to think through the specific points of connection between the law and Langland’s poetics." -- Ben Parsons * Review of English Studies *"This book offers a rich and provocative account of the way an allegorical poem might participate in the discourse of canon law and make its own, distinctive contributions to canonist thought." -- Alastair Bennett, Royal Holloway, University of London * Journal of British Studies *"Thomas reminds us of the complexity of the poem, the way its call for radical reform and its desire for restoration can co-exist in ways that produce sudden shifts and unexpected results. Indeed, this is an ambitious and rewarding book that reveals Langland’s sustained and profound commitment to reinventing canonist thought." -- Conrad van Dijk * Studies in the Age of Chaucer *"Elegantly written and persuasively argued, this book merits persistent return for its suggestive insights and careful attention to Langland’s intricate poetic experiments." -- Jamie K. Taylor, Bryn Mawr College * Yearbook of Langland Studies *"This study is an excellent resource for readers ready to invest the time and mental energy required to understand the complex dialectics both moving ecclesiastical jurisprudence and provoking late-medieval English authors to engage with it. Moreover, because this deeply learned and detailed analysis focuses on one strand of that engagement, Thomas has set the stage for many other studies to follow." -- Candace Barrington * Canadian Journal of History *"This is a deeply learned work which draws upon underused sources like the Corpus iuris canonici and penitential manuals to read Piers Plowman. It is interdisciplinary in its method as well as its sources; Thomas thinks about how literary tropes might reformulate legal authority and about how the language of law contributes to the form of a literary work." -- Conor McKee * Reformation *"This book will be of interest to scholars of Piers Plowman and the law. The second chapter, in particular, is a noteworthy addition to the scholarship." -- Ian Cornelius * Anglia *"This is a brilliant book, as complex and multi-layered as the medieval poem it deals with." -- Robert Ombres O.P. * New Blackfriars *"The book is a wonderfully nuanced approach to long-standing issues surrounding the contextualization of Piers Plowman, and a much-needed addition to the field." -- Gwen Ellis and Alexandra Domeshek * Dies Legibiles, First Edition *"Few scholars could have written a book like this. Canon law is difficult enough to decipher when it is translated to English, but most of those texts Thomas was working with are in Latin. In general, Thomas’s linguistic expertise is truly extraordinary." -- Sara M. Butler, Ohio State University * Modern Philology *"In applying canonist writing to Langland’s poem, Thomas offers a deeply informed survey of church law on penance, and he moves through a wide range of Latin sources with enviable agility and ease." -- Kate Crassons, Lehigh University * English Studies *"Morton Bloomfield famously remarked that reading Piers Plowman ‘is like reading a commentary on an unknown text.’ In this erudite and carefully argued book, Thomas persuasively demonstrates that in many places, that text may be canon law." -- Fiona Somerset, University of Connecticut * Law & Literature *"Piers Plowman and the Reinvention of Church Law in the Late Middle Ages establishes that there is much profit in investigating the canonists’ complex debates to produce striking new readings of knotty passages in the poem." -- Wendy Scase, University of Birmingham * Medieval Sermon Studies *"I expect that Piers Plowman and the Reinvention of Church Law in the Late Middle Ages will be the book of record on its topic for a long time to come. It is obligatory reading for those interested in penance in Piers Plowman as well as all those invested in the radically humane possibilities of late medieval European religious cultures." -- Eric Weiskott, Boston College * The Journal of Medieval Religious Cultures *"Ultimately, this book is especially helpful for reassessing the role of canon law and the function of allegory in Piers Plowman and its wider effects for not only the narrative and characterization, but as potential models and sources of inspiration for contemporary legal practices in late medieval England." -- Curtis Runstedler, Tübingen * Literaturwissenschaftliches Jahrbuch *"All readers will find much of interest in this erudite study. Thomas has enriched the scholarly community’s understanding of so many (in some cases quite little studied) episodes in the poem." -- Chase Padusniak, Princeton University * Comitatus *"The book is a tremendously impressive and important contribution to Piers Plowman studies: robust in scholarship, thorough in close analysis of Langland's poem, and blessed with the gift of Thomas's crystal clarity of expression." -- Jennifer Sisk * Anglistik *"In this fascinating, beautifully crafted book, Thomas teaches us the value of ‘law and literature’ for ‘law and religion’; in it, law, religion, and literature are fully linked in a medieval poem which is ‘productive of, not just derivative from, the discourse of canon law (p. 10)." -- Norman Doe, Cardiff University * Journal of Religious History *"Thomas’s work is a thoroughly researched study of literature and law, engaging with complex ecclesiastical legal thought and its practical implications on the practice of law. He also effectively demonstrates why Piers Plowman came to be considered alongside great canonist material." -- Matthew Cleary, University of Edinburgh * Ceræ: An Australasian Journal of Medieval and Early Modern Studies *"Arvind Thomas has made a case for Langland’s use of canon law in his penitential thinking, and indeed for his creation of a poetics of the law that seeks to redirect accepted legal discourse. This challenging book offers a new and resonant framework for understanding the problems of representation in Piers Plowman." -- Elizabeth Allen, University of California, Irvine * Poetics Today *"Thomas’ book should be read widely by anyone interested in the complex interrelations between poetry and cultural production in the late middle ages…Thomas provides an excellent model for his dialectical method of reading the poem and the contemporary tradition of canon law in order to further substantiate the claim of poetry’s capacity to produce—rather than merely react to—its surrounding culture." -- Cullen G. McKenney, Duke University * The Medieval History Journal *"Arvind Thomas has written an account of Piers Plowman that should set the agenda for years to come in any attempt to investigate the poem’s rich engagement with law, ecclesiology, and the penitential process." -- William Rhodes, University of Iowa * Philological Quarterly *"Arvind Thomas offers an insightful and eloquent study that weaves together the poetics of Piers Plowman with the language and concepts of canon law…It is a valuable revision to the law and literature movement. Not only is his study lucid and methodical, but it is also approachable even for a non-specialist audience." -- Laura Godfrey * Arthuriana *"In a poem that has so much to say about penitence, this monograph offers invaluable insights that will undoubtedly enrich one’s understanding of Piers Plowman and its readers." -- Patrick Outhwaite, McGill University * University of Toronto Quarterly *"This monograph is an incisive, intricate, and stunningly original intervention in Langlandian scholarship, with an extensive range of historical background, language, and intertext to offer its reader. Though most accessible to readers long familiar with Langland, the detail and care of Thomas’s scholarship will be exemplary to scholars at all stages who seek to work on Piers Plowman and indeed the canonist literature that surrounds it." -- Hope Doherty * South Atlantic Review *"What Arvind Thomas’s analysis produces is a remarkable concordance of discordant genres, together with an astute isolation of Langland’s own particular note of canonical disharmony." -- Richard Firth Green, The Ohio State University * Archiv *“The body of readers having a prior engagement with medieval thought and Piers Plowman, in particular, will find that Thomas’s study opens up unconsidered territory of essential importance. It is not a book that should be missed.” -- R. F. Yeager, University of West Florida * History of European Ideas *"For historians generally, this book contributes to open up ever further the sophistication and vibrancy of medieval thought and text, and in particular suggestively points to other ‘possible reformations’ imagined and sketched out by late medieval thinkers." -- The Rev’d Dr Arabella Milbank Robinson, Team Parish of Louth * The Historian *"Langland’s capacity for change and reinvention is one of the compulsions of his poem. It is subjected to an extremely interesting scrutiny in this lively and absorbing study." -- Bernard O’Donoghue, Wadham College, Oxford * Peritia *"The scholarship in this book is impeccable. Thomas’s choice of passages from the canonists is surgical and his analyses of the encounter between these passages and Langland’s poetry is painstaking and thorough." -- Lawrence Scanlon, Rutgers University * Law, Culture and the Humanities *"Piers Plowman and the Reinvention of Church Law exhibits the core attributes of the best and most durable humanistic scholarship: it provokes as many questions as it answers, questions which are themselves more interesting than most answers." -- Zachary E. Stone * JEGP *Table of ContentsCONTRITIO CORDIS: THE LAUGHTER OF MEDE AND TEARLESSNESS OF CONTRICION DREAMS OF AVARICE: THE ABSENT PRESENCE OF THE USURY PROHIBITION RESTITUTIO: FROM RULE TO LAW TO JUSTICE IN COVETISE’S CONFESSION SATISFACTIO OPERIS: MAXIM AND METAPHOR IN WRONG’S TRIAL CONTRITIO CORDIS, CONFESSIO ORIS, ET SATISFACTIO OPERIS: FROM SYMBOL TO SIGN IN PATIENCE’S SERMON
£47.60
University of Toronto Press Picturing Punishment
Book SynopsisBringing together themes in the history of art, punishment, religion, and the history of medicine, Picturing Punishment provides new insights into the wider importance of the criminal to civic life.Table of ContentsList of Illustrations Acknowledgments Introduction 1. Structures of Power: Constructing and Publicizing the New Amsterdam Town Hall Peace and Prosperity Civic vs. Religious Dominance Spectacle, Prestige, and Publicity Public Access and Republican Virtues 2. Procession and Execution Rituals: Moving through the New Amsterdam Town Hall The Iconography of Justice Rituals of Justice behind Closed Doors Public Ceremonies on Execution Day 3. Disposal and Display: The Criminal Corpse on the Gallows Moving Executed Bodies Spectacular Displays Identity Formation at the Gallows Undignified Decomposition and the Taboo of Touch 4. Subversion and Symbolic Transformation: Recreation, Ambush, and Humour at the Gallows Ambushed Landscapes Sexual Innuendo, Leisure, and Acts of Resistance at the Gallows Grotesque Bodies 5. Serving the Public Good: Reform, Prestige, and the Productive Criminal Body in Amsterdam Deriving Civic Good Social Status and the Transformation of Anatomical Practice Dr. Tulp’s Fame and the Criminal’s Reform 6. The Transformation of Touch: Flayed Skin and the Visual and Material Afterlife of the Criminal Body in the Leiden Anatomy Theatre A Curious Attraction Moralizing Values Paaw’s Vesalian Methods Interacting with Objects 7. The Symbolism of Skin: Illustrating the Flayed Body Mythological Precedence Properties of Paper and Parchment Tactile Uncovering Conclusion Notes Bibliography
£49.50
University of Toronto Press Justice in Lyon
Book SynopsisJustice in Lyon is a comprehensive history of the trial for crimes against humanity of the Nazi Klaus Barbie.Trade Review“[Justice in Lyon] is a judicious, clearly written, and well-researched study which will now become the standard work on the subject.” -- Julian Jackson, Queen Mary University of London * H-France Review *Table of ContentsIntroduction 1. Klaus Barbie: Nazi “Idealist” 2. The Historical Judicial Backdrop: From Nuremberg to the 1980 Cologne Trial of Kurt Lischka, Herbert Hagen, and Ernst Heinrichson 3. The Investigation: War Crimes, Crimes against Humanity, and the Long Road to Compromise 4. The Barbie Trial Begins: Opening Rituals and the Departure of the Accused 5. The Witnesses 6. The Civil Parties and Prosecution Make Their Case 7. Barbie’s Defence Takes Centre Stage Conclusion
£52.70
University of Toronto Press Jurists and Jurisprudence in Medieval Italy
Book SynopsisJurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legaTable of ContentsPreface by Lawrin Armstrong Acknowledgments Abbreviations Short Titles Introduction 1. Professors and Students 1. Foundations 1.1. The Constitution Habita of Emperor Frederick I Barbarossa (1155/58) 1.2. Accursius’s Glosses to the Constitution Habita 1.3. Students as Citizens in the Statutes of Modena (1327) 2. "We Give You the Licence to Teach Here and Everywhere" 2.1. Baldus de Ubaldis, Consilium on the Studium Generale of Milan (ca. 1393- 1396) 3. Privileges of Doctors and Students 3.1. Simon of Borsano, Privileges of Doctors and Students (1361- 1370) 4. How to Teach and Study Canon and Civil Law 4.1. Franciscus de Zabarellis, How to Teach and Study Canon and Civil Law (ca. 1410) 5. The Many Dwelling Places of Civil Wisdozm 5.1. Bartolus of Sassoferrato, Oration on Conferring the Doctorate of Law 6. Death Benefits 6.1. Consilium of Jacobus Niccoli (1400) 7. Hired Hands 7.1. Azo, Hiring (1208- 1210) 7.2. Rainerius of Perugia, Leasing out a Work to be Copied (1242) 7.3. Salatiele, Copyists and Other Persons Obligating Themselves to Perform Services [Contract and Glosses] (1248- 1254) 7.4. Rolandinus de Passegeriis, Hiring Another Person’s Services to Copy a Work (1273) 8. Law Students’ Books 8.1. Baldus de Ubaldis, Consilium [I] (ca. 1393–1396) 8.2. Baldus de Ubaldis, Consilium [II] (ca. 1393–1396) 9. "Many Books" 9.1. Oldradus de Ponte, Whether It Is Advantageous to Have Many Books (ca. 1320s) 10. Nobility, Usefulness, and Origin of Law 10.1. Doctoral Oration (ca. 1450) 2. Legal Profession 11. Advocates 11.1. Guilelmus Durantis, Mirror of Law (ca. 1284- 1289) 12. Fees 12.1. Azo, Quaestio disputata 13. Proof of a Doctoral Degree 13.1. Certifying a Judge’s Doctoral Degree in Florence (1374) 14. Bella Figura: Florentine Jurists and Their Wives 14.1. Deliberation of the Guild of Judges and Notaries of Florence (9 Sept. 1366) 14.2. Provisions of Florence’s Sumptuary Laws, 1377 and 1388 14.3. Stephanus de Bonacursis and Others, Consilium on the Exemption of Jurists and Their Wives from Florence’s Sumptuary Laws (1390) 15. A Waste of Time 15.1. Franco Sacchetti, Novella XL (ca. 1392- 1393) 16. "From the Mouth of God" 16.1. Eulogy of Marianus Socinus the Elder of Siena (1467) 3. Civil and Criminal Procedure 17. Civil Procedure 17.1. Civil Procedure in the Statutes of Florence (1415) 18. Consilium Sapientis 18.1. Requesting a consilium sapientis, Statutes of Florence (1415) 19. Witnesses 19.1. Treatise on Witnesses (Scientiam) (ca. 1230s) 20. False Testimony 20.1. Franciscus de Guicciardinis, Consilium (ca. 1505- 1516) 21. Criminal Procedure 21.1. Albertus Gandinus, Tract on Crimes (1300) 21.2. Judicial Inquiry of Albertus Gandinus against Cambinus Belli of Florence (1289) 21.3. Expenses Incurred during a Trial (1298) 4. Crime 22. Wounds from Assault 22.1. Tract on Wounds 23. Self-defence 23.1. Baldus de Ubaldis, Consilium (ca. 1384) 24. Vendetta 24.1. Baldus de Ubaldis, Consilium (ca. 1391–1393) 25. Adultery 25.1. Ivus de Coppolis, Consilium (ca. 1420–1441) 26. Abortion 26.1. Digest, Glossa, and Bartolus of Sassoferrato 26.2. Statutes of Biella (1245) 26.3. Statutes of Siena (1309) 26.4. Statutes of Castiglion Aretino (1384) 26.5. Albericus of Rosciate, Questions Concerning Statutes (1358) 5. Personal and Civic Status 27. Serfdom 27.1. Martinus of Fano, Serfs (ca. 1256- 1259) 27.2. Martinus of Fano, Notarial Forms for Drafting Contracts and Written Complaints (ca. 1232) 28. Citizenship 28.1. Statutes of Arezzo (1327): "Rubrics on Making New Citizens" 29. Citizen Bartolus 29.1. Petition to Grant Bartolus of Sassoferrato and His Brother Bonacursius Perugian Citizenship (1348) 30. Making New Citizens 30.1. Bartolus of Sassoferrato, Consilium 31. Dual Citizenship 31.1. An Anonymous Opinion and Baldus de Ubaldis, Consilium (ca. 1376- 1379) 32. Loss and Reacquisition of Citizenship 32.1. Angelus de Ubaldis, Consilium 33. Married Women’s Citizenship (1) 33.1. Digest, Code, Glossa, and Bartolus of Sassoferrato 34. Married Women’s Citizenship (2) 34.1. Jacobus de Fermo, Consilium (ca. 1400) 34.2. Dionisius de Barigianis, Consilium (ca. post 1411) 35. Jews as Citizens 35.1. Ordinance on the Privileges and Obligations of Jewish Residents of Perugia (1381) 6. Family Matters 36. Paternal Power (Patria Potestas) 36.1. Institutes (1.9): "Paternal Power" 36.2. Glosses to Institutes (1.9): "Paternal Power" 36.3. Angelus de Gambilionibus, Commentary to § Ius autem (Inst. 1.9.2) (ca. 1441- 1449) 36.4. Statutes of Perugia (1342): "Damnable Children Harming Their Own Parents" 36.5. Statutes of Chianciano (1287): "Contract Made by a Son-in-Power" 36.6. Albericus of Rosciate, Questions Concerning Statutes (1358) 36.7. Franciscus de Guicciardinis, Consilium (ca. 1505–1516) 37. Children Born Illegitimately 37.1. Benedictus de Barzis, Children Born Illegitimately (1456) 38. Contracting Marriage in Late Medieval Florence 38.1. Betrothal Contract (Sponsalitium) (1391) 38.2. Contracting Marriage (Anulum) (1391) 39. Dowries 39.1. Martinus Gosia, The Law of Dowries (ca. 1140) 40. Vested Interests 40.1. Bartolus of Sassoferrato, Commentary to Dig. 24. 3. 66. 1, In his rebus quas, § Servis uxoris 40.2. Angelus de Ubaldis, Consilium 40.3. Petrus de Albisis, Consilium 41. Prohibition of Gifts between Husband and Wife 41.1. Dig. 24. 1. 1, Moribus 41.2. Dig. 24. 1. 2, Non cessat 41.3. Baldus de Ubaldis, [First] Commentary to Dig. 24. 1. 1, Moribus 41.4. Baldus de Ubaldis, [Second] Commentary to Dig. 24. 1. 1, Moribus 41.5. Baldus de Ubaldis, Consilium (ca. 1396- 1400) 42. Remarriage of Widows and Conflicting Claims to the Dowry 42.1. Franciscus de Albergottis, Consilium (ca. 1362- 1364) 42.2. Baldus de Ubaldis, Consilium (ca. 1362- 1364) 43. Testamentary and Intestate Succession 43.1. Bartolus of Sassoferrato, Last Will (1356) 43.2. Bartolus of Sassoferrato, Consilium on Succession in stirpes or in capita 43.3. Bartolus of Sassoferrato, Consilium on Succession by Line of Descent 43.4. Angelus de Ubaldis, Consilium 44. Fraternal Households 44.1. Jacobus de Balduinis, Brothers Living Together (ca. post 1213) 45. Support 45.1. Martinus de Fano, Support (ca. 1265- 1272) Glossary Appendix 1. The Medieval System of Legal Citations Appendix 2. Selected Jurists Index
£77.35
University of Toronto Press Spying on Canadians
Book SynopsisAward winning author Gregory S. Kealey's study of Canada's security and intelligence community before the end of World War II depicts a nation caught up in the Red Scare in the aftermath of the Bolshevik Revolution and tangled up with the imperial interests of first the United Kingdom and then the United States.Trade Review"Canadians instantly recognize the CIA and Britain's MI5 as dramatized in film, fiction and folklore. Popular culture overlooks our own history of domestic surveillance. Spying on Canadians turns on the lights. It is an absorbing account of a hammer in search of a nail." -- Holly Doan The Blacklocks Reporter, Saturday, April 29, 2017Table of ContentsIntroduction Part I Nineteenth-Century Roots 1. The Empire Strikes Back: The Nineteenth-Century Origins of the Canadian Secret Service (1999) 2. The Origins of Political Policing in Canada: Class, Law and the Burden of Empire (2003), with Andy Parnaby Part II The Origins of the Long Cold War 3. State Repression of Labour and the Left in Canada, 1914-1920: The Impact of the First World War (1992) 4. The Surveillance State: The Origins of Domestic Intelligence and Counter-Subversion in Canada, 1914-1920 (1992) 5. The Early Years of State Surveillance of Labour and the Left in Canada: The Institutional Framework of the RCMP Security and Intelligence Apparatus, 1918-1928 (1993) 6. Spymasters, Spies, and their Subjects: The RCMP and Canadian State Repression, 1914-1939 (2000) 7. 'A War on Ethnicity?': The RCMP and Second World War Internment (2000), with Reg Whitaker Part III The Archival Trail 8. Filing and Defiling: The Organization of the State Security Archives in the Interwar Years (1998) 9. The RCMP, CSIS, the Public Archives of Canada, and Access to Information: A Curious Tale (1988)
£24.29
University of Toronto Press Power Politics and Principles
Book SynopsisSet against the backdrop of the U.S. experience, Power, Politics, and Principles uses a transnational perspective to understand the passage and long-term implications of a pivotal labour law in Canada. Utilizing a wide array of primary materials and secondary sources, Hollander gets to the root of the policy-making process, revealing how the making of P.C. 1003 in 1944, a wartime order that forced employers to the collective bargaining table, involved real people with conflicting personalities and competing agendas. Each chapter of Power, Politics, and Principles begins with a quasi-fictional vignette to help the reader visualize historical context. Hollander pays particular attention to the central role that Mackenzie King played in the creation of P.C. 1003. Although most scholars describe the Prime Minister’s approach to policy decisions as calculating and opportunistic, Power, Politics, and Principles argues that Mackenzie KingTable of ContentsIllustrations Preface Acknowledgments Introduction The Unity of Our Country, Fall 1935-Fall 1939 The Prime Minister The Labour Movement The Employers Other Groups The Breastplate of Righteousness, Fall 1939-Fall 1941 More of the Same Incongruities Fine-Tuning Plant Committees The Task that Lies Ahead, Fall 1941-Fall 1942 The Campaign Intransigence Respect and Dignity Adherence A Code of Labour Relations, Fall 1942-Spring 1944 The Impetus The Experts The Code A Fine Conclusion, Spring 1944-Summer 1948 Tempering The Rand Formula Postwar Tumult The Middle of the Road Afterword Reference Index
£31.50
