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Sex and Punishment tells the story of the struggle throughout millennia to regulate the most powerful engine of human behaviour: sex. From the savage impalement of an Ancient Mesopotamian adulteress to the imprisonment of Oscar Wilde for `gross indecency' in 1895, Eric Berkowitz evokes the entire sweep of Western sex law. The cast of Sex and Punishment is as varied as the forms taken by human desire itself: royal mistresses, gay charioteers, medieval transvestites, lonely goat-lovers, prostitutes of all stripes and London rent boys. Each of them had forbidden sex, and each was judged - and justice, as Berkowitz shows - rarely had anything to do with it.
Watkin provides a history of the various legal systems by which Wales and its people have been governed over the last two millenia, including the civil law of Rome, the laws of the native Welsh people, the canon law of the Church and the English common law. This book shows how in each age the people of Wales have adapted to and adopted the legal traditions which they have encountered and assesses the importance of this inheritance for the future of modern Wales within both Europe and the wider international community.
Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
In early modern Europe, international law emerged as a means of governing relations between rapidly consolidating sovereign states, purporting to establish a normative order for the perilous international world. However, it was intrinsically fragile and uncertain, for sovereign states had no acknowledged common authority that would create, change, apply, and enforce legal norms. In Imagining World Order, Chenxi Tang shows that international world order was as much a literary as a legal matter. To begin with, the poetic imagination contributed to the making of international law. As the discourse of international law coalesced, literary works from romances and tragedies to novels responded to its unfulfilled ambitions and inexorable failures, occasionally affirming it, often contesting it, always uncovering its problems and rehearsing imaginary solutions. Tang highlights the various modes in which literary texts-some highly canonical (Camoes, Shakespeare, Corneille, Lohenstein, and Defoe, among many others), some largely forgotten yet worth rediscovering-engaged with legal thinking in the period from the sixteenth to the eighteenth century. In tracing such engagements, he offers a dual history of international law and European literature. As legal history, the book approaches the development of international law in this period-its so-called classical age-in terms of literary imagination. As literary history, Tang recounts how literature confronted the question of international world order and how, in the process, a set of literary forms common to major European languages (epic, tragedy, romance, novel) evolved.
Lutheran minister Henry Gerecke was fifty when he enlisted as an army chaplain during the Second World War. At the war's end, when other soldiers were coming home, Gerecke was recruited for the most difficult engagement of his life: ministering to the twenty-one Nazi leaders awaiting trial at Nuremburg. Based on scrupulous research and first-hand accounts, including interviews with still-living participants, Mission at Nuremberg takes us inside the Nuremburg Palace of Justice, into the cells of the accused and the courtroom where they faced their crimes. As the drama leading to the court's final judgments unfolds, Townsend brings to life the developing relationship between Gerecke and Hermann Georing, Albert Speer, Wilhelm Keitel, Joachim von Ribbentrop, and other imprisoned Nazis as they awaited trial.
During the late nineteenth century, many countries across Europe adopted national legislation that required employers to compensate workers injured or killed in accidents at work. These laws suggested that the risk of accidents was inherent to work and not due to individual negligence. By focusing on Britain, Germany, and Italy during this time, Julia Moses demonstrates how these laws reflected a major transformation in thinking about the nature of individual responsibility and social risk. The First Modern Risk illuminates the implications of this conceptual revolution for the role of the state in managing problems of everyday life, transforming understandings about both the obligations and rights of individuals. Drawing on a wide array of disciplines including law, history, and politics, Moses offers a fascinating transnational view of a pivotal moment in the evolution of the welfare state.
Al-Qa?i al-Nu?man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids' principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi?i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma?ili tradition, the text also preserves several Islamic legal theoretical works no longer extant--including Ibn Dawud's manual, al-Wu?ul ila ma?rifat al-u?ul--and thus throws light on a critical stage in the historical development of Islamic legal theory (u?ul al-fiqh) that would otherwise be lost to history.
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society s other rules.
Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent.
Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system s dependence on force helps us understand what law is, how it operates, and how it helps organize society."
Are innovation and creativity helped or hindered by our
intellectual property laws? In the two hundred plus years since the
Constitution enshrined protections for those who create and
innovate, we're still debating the merits of IP laws and whether or
not they actually work as intended. Artists, scientists,
businesses, and the lawyers who serve them, as well as the
Americans who benefit from their creations all still wonder: what
facilitates innovation and creativity in our digital age? And what
role, if any, do our intellectual property laws play in the growth
of innovation and creativity in the United States?
From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war. Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.
No American city's history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America's most privileged community of people of African descent. In the eyes of the law, New Orleans's free people of color did not belong to the same race as enslaved Africans and African-Americans. While slaves were "negroes," free people of color were gens de couleur libre, creoles of color, or simply creoles. New Orleans's creoles of color remained legally and culturally distinct from "negroes" throughout most of the nineteenth century until state mandated segregation lumped together descendants of slaves with descendants of free people of color. Much of the recent scholarship on New Orleans examines what race relations in the antebellum period looked as well as why antebellum Louisiana's gens de couleur enjoyed rights and privileges denied to free blacks throughout most of the United States. This book, however, is less concerned with the what and why questions than with how people of color, acting within institutions of power, shaped those institutions in ways beyond their control. As its title suggests, Making Race in the Courtroom argues that race is best understood not as a category, but as a process. It seeks to demonstrate the role of free people of African-descent, interacting within the courts, in this process.
Published in the summer of 1863, A General View of the Criminal Law is a highly original account of the fundamental nature, substance and functioning of the criminal law in mid-Victorian England. Written with the assurance and facility of one whose active interests extended well beyond the law into politics, literature, philosophy, and religion, Fitzjames Stephen's General View has three broad objectives: to expose the workings of the institution of criminal law to the scrutiny of both lawyers and non-lawyers; to locate the criminal law in its appropriate political and social context; and to elevate the study of criminal law to a level which would qualify it to be 'an interesting part of a liberal education' - in effect, for it to be recognised as one of the emerging social sciences. While in general holding to the book's expressed aims and seeking to offer a balanced analysis, in the many contentious areas of the criminal law examined there is rarely much doubt about Stephen's own position. Characteristically, as in his earlier and later works, in the General View analytical acuity operates in combination with an emphatic - frequently no holds barred - polemical style of argument. Although often fiercely critical of certain procedural and substantive elements of England's criminal law, ultimately Stephen viewed its core features as a worthy source of national pride.
Torture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity--theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one's own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture's complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
View the Table of Contents.
aThis piecemeal research is interesting to the extent that the
reader is interested in reconstructing the pasta
"This first-rate work of legal history meets the high
expectations of those familiar with James Oldham's scholarship, and
bears those hallmarks of excellence that we associate with that
scholarship: total mastery of the manuscript and other sources,
lucid exposition, fresh perspective, and sound insight.
Illuminating not only the history of the jury, but the contemporary
significance and judicial use of that history, this book will be
enlightening for the non-specialist, and a boon to the legal
"Essential reading for anyone interested in trial by jury.
Oldham speaks with authority about who the jurors were and what
they decided. Surprisingly, he supports a 'complexity exception' to
the Seventh Amendment's jury trial guarantee in civil cases. His
carefully-documented history of both male and female juries of
experts is uniquely valuable. No comparable work exists."
"An impressive achievement by the leading historian of
eighteenth century English law. Meticulously researched and
relevant both to historical and modern debates, this book deserves
a wide readership."
"Oldham wonderfully complicates our historical image of the
trial jury enshrined in the Sixth and Seventh Amendments of the
Bill of Rights.Early English common law summoned juries of women,
foreigners, experts, tradesmen, and neighbors, all deliberately
chosen to bring their particular knowledge or experience to court.
More than any other scholar, Oldham has revealed the manuscript
sources that illuminate the context of English trial practice at
the time the Bill of Rights was drafted in the newly-independent
"Not only legal historians but also practicing historians have a
special interest in the subject of this book. One gets a picture of
the plasticity of eighteenth-century jury practice that has not
aOldhamas knowledge of the subject matter is encyclopedic, and
his investigation has unearthed voluminous material on the
historical workings of juriesa].[H]is research is sure to be cited
in support of future attempts to curtail the use of jury trials.
Those who support the existing civil justice system will ignore it
at their peril.a
While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution.
Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trialby jury and who composed the jury. Oldham then considers the extensive historical use of a variety of "special juries," such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.
Athenian Law and Society focuses upon the intersection of law and society in classical Athens, in relation to topics like politics, class, ability, masculinity, femininity, gender studies, economics, citizenship, slavery, crime, and violence. The book explores the circumstances and broader context which led to the establishment of the laws of Athens, and how these laws influenced the lives and action of Athenian citizens, by examining a wide range of sources from classical and late antique history and literature. Kapparis also explores later literature on Athenian law from the Renaissance up to the 20th and 21st centuries, examining the long-lasting impact of the world's first democracy. Athenian Law and Society is a study of the intersection between law and society in classical Athens that has a wide range of applications to study of the Athenian polis, as well as law, democracy, and politics in both classical and more modern settings.
Providing readers with the unusual opportunity to enter into the extraordinary mind of a patriot immediately before the Revolution, the Portrait of a Patriot series presents the major papers of the Boston lawyer and patriot penman Josiah Quincy Jr. (1744-1775). In volume 2 of the series we are introduced to Quincy's Legal Commonplace Book; the companion of his Political Commonplace Book from volume 1, the Legal Commonplace Book illustrates the systematic program of reading through which aspiring young lawyers learned their trade in colonial New England. In the accompanying introduction, coeditor Daniel R. Coquillette explains how the system of legal apprenticeship worked in Boston and contends that the level of legal argument practiced in Massachusetts prior to the Revolution was much less provincial than previously assumed. Volume 2 also includes a new transcription of the journal Quincy kept on a 1773 trip to the southern colonies undertaken on behalf of the Boston Committee of Correspondence to assess the depth of commitment to the patriot cause there, in which Quincy comments tartly on southern manners, womenfolk, and the institution of slavery.
This book examines the powerful influence of civil law on understandings and responses to madness in England and in New Jersey. The influence of civil law on the history of madness has not hitherto been of major academic investigation. This body of law, established and developed over a five hundred year period, greatly influenced how those from England's propertied classes understood and responded to madness. Moreover, the civil law governing the response to madness in England was successfully exported into several of its colonies, including New Jersey. Drawing on a well-preserved and rare collection of trials in lunacy in New Jersey, this book reveals the important ties of civil law, local custom and perceptions of madness in transatlantic perspectives. This book will be highly relevant to scholars interested in law, medicine, psychiatry and madness studies, as well as contemporary issues in mental capacity and guardianship. -- .
What if racialized mass incarceration is not a perversion of our criminal justice system's liberal ideals, but rather a natural conclusion? Adam C. 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. He argues that America's new professional police forces and prisons were developed to expand, not curb, the reach of white vigilantes, and are best understood as a uniformed wing of the gangs that controlled free black people by branding them-and treating them-as criminals. The post-Civil War triumph of liberal ideals thus also marked a triumph of an institutionalized belief in black criminality. Mass incarceration may be a recent phenomenon, but the problems that undergird the ""new Jim Crow"" are very, very old. As Malka makes clear, a real reckoning with this national calamity requires not easy reforms but a deeper, more radical effort to overcome the racial legacies encoded into the very DNA of our police institutions.
William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life, and trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. The book's opening essays offer perspectives on law and literature that emphasize both the continuities and contrasts between the two fields. The second section considers Shakespeare's awareness of common law thinking and common law practice, while the third inquires into Shakespeare's general attitudes toward legal systems. The fourth part of the book looks at how law enters into conversation with issues of politics and community, whether in the plays, in Shakespeare's world, or in our own world. Finally, a colloquy among Supreme Court Justice Stephen Breyer, Judge Richard Posner, Martha C. Nussbaum, and Richard Strier covers everything from the ghost in Hamlet to the nature of judicial discretion.
In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used-the language of property, in particular-to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.
Bankruptcy law is a major part of the American legal landscape. More than a million individuals and thousands of businesses sought relief in the United States' ninety-three bankruptcy courts in 2014, more than twenty-seven thousand of them in the Eastern District of Michigan. Important business of great consequence takes place in the courts, yet they ordinarily draw little public attention. In Adversity and Justice: A History of the United States Bankruptcy Court for the Eastern District of Michigan, Kevin Ball takes a closer look at the history and evolution of this court. Using a variety of sources from newspaper accounts and interviews to personal documentation from key people throughout the court's history, Ball explores not only the history of the court from its beginning in the late nineteenth century but also two major courthouse scandals and their significant and long-lasting effects on the court. The first, in 1919, resulted in the removal of a court referee for a series of small infractions. The second was far more serious and resulted in the resignation of a judge and criminal convictions of the court's chief clerk, one of his deputies, and one of Detroit's most prominent lawyers. The book culminates with a comprehensive account of the city of Detroit's own bankruptcy case that was filed in 2013. Drawing on the author's expertise as both a longtime bankruptcy attorney and a political scientist, the book examines this landmark case in its legal, social, historical, and political contexts. Anyone with an interest in bankruptcy, legal history, or the city of Detroit's bankruptcy case will be attracted to this thorough case study of this court.
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