Search results for ""Author Stuart Banner""

An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.

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In the summer of 1900, a zeppelin stayed aloft for a full eighteen minutes above Lake Constance and mankind found itself at the edge of a new world. Where many saw hope and the dawn of another era, one man saw a legal conundrum. Charles C. Moore, an obscure New York lawyer, began an inquiry that Stuart Banner returns to over a century later: in the age of airplanes, who can lay claim to the heavens?The debate that ensued in the early twentieth century among lawyers, aviators, and the general public acknowledged the crucial challenge new technologies posed to traditional concepts of property. It hinged on the resolution of a host of broader legal issues being vigorously debated that pertained to the fine line between private and public property. To what extent did the Constitution allow the property rights of the nation’s landowners to be abridged? Where did the common law of property originate and how applicable was it to new technologies? Where in the skies could the boundaries between the power of the federal government and the authority of the states be traced?Who Owns the Sky is the first book to tell this forgotten story of elusive property. A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law—in the past as well as in the present.

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The death penalty arouses our passions as does few other issues. Some view taking another person’s life as just and reasonable punishment while others see it as an inhumane and barbaric act. But the intensity of feeling that capital punishment provokes often obscures its long and varied history in this country.Now, for the first time, we have a comprehensive history of the death penalty in the United States. Law professor Stuart Banner tells the story of how, over four centuries, dramatic changes have taken place in the ways capital punishment has been administered and experienced. In the seventeenth and eighteenth centuries, the penalty was standard for a laundry list of crimes—from adultery to murder, from arson to stealing horses. Hangings were public events, staged before audiences numbering in the thousands, attended by women and men, young and old, black and white alike. Early on, the gruesome spectacle had explicitly religious purposes—an event replete with sermons, confessions, and last-minute penitence—to promote the salvation of both the condemned and the crowd. Through the nineteenth century, the execution became desacralized, increasingly secular and private, in response to changing mores. In the twentieth and twenty-first centuries, ironically, as it has become a quiet, sanitary, technological procedure, the death penalty is as divisive as ever.By recreating what it was like to be the condemned, the executioner, and the spectator, Banner moves beyond the debates, to give us an unprecedented understanding of capital punishment’s many meanings. As nearly four thousand inmates are now on death row, and almost one hundred are currently being executed each year, the furious debate is unlikely to diminish. The Death Penalty is invaluable in understanding the American way of the ultimate punishment.

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