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"Representing the Race" tells the story of an enduring paradox of American race relations, through the prism of a collective biography of African American lawyers who worked in the era of segregation. Practicing the law and seeking justice for diverse clients, they confronted a tension between their racial identity as black men and women and their professional identity as lawyers. Both blacks and whites demanded that these attorneys stand apart from their racial community as members of the legal fraternity. Yet, at the same time, they were expected to be "authentic"-that is, in sympathy with the black masses. This conundrum, as Kenneth W. Mack shows, continues to reverberate through American politics today.
Mack reorients what we thought we knew about famous figures such as Thurgood Marshall, who rose to prominence by convincing local blacks and prominent whites that he was-as nearly as possible-one of them. But he also introduces a little-known cast of characters to the American racial narrative. These include Loren Miller, the biracial Los Angeles lawyer who, after learning in college that he was black, became a Marxist critic of his fellow black attorneys and ultimately a leading civil rights advocate; and Pauli Murray, a black woman who seemed neither black nor white, neither man nor woman, who helped invent sex discrimination as a category of law. The stories of these lawyers pose the unsettling question: what, ultimately, does it mean to "represent" a minority group in the give-and-take of American law and politics?
By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861-1922) to the Fascist era (1922-43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.
Best known for his edition of Blackstone's Commentaries, St. George Tucker (1752-1827), a lawyer and judge in the state and federal courts of Virginia, played a central role in the legal history of post-Revolutionary Virginia and of the new nation. This comprehensive three-volume edition of Tucker's law reports and selected loose papers, edited by Charles F. Hobson, is an unsurpassed archive for studying the ""republicanization"" of the common law as it unfolded in the commonwealth of Virginia. In addition, Tucker's papers provide an invaluable source for tracking Virginia's efforts to establish a system of state superior courts operating alongside the older county court system dating from the colonial period. Tucker's reports fill a documentary gap caused by the 1865 fire that destroyed Virginia's higher court records. The editor's general introduction supplies an informative overview of Tucker's life and judicial career. Editorial aids and appendixes include a guide to Tucker's abbreviations, a short-title bibliography, a glossary of selected legal terms, a biographical register of the Virginia bench and bar, and correspondence and documents relating to the rupture between Tucker and Spencer Roane.
At a time when the hottest issue in US immigration law is the proposed action by President Obama to protect from deportation as many as 5 million illegals in the United States, the 1972 John Lennon deportation case takes on special relevance today, notwithstanding the passage of forty years since he was placed in deportation proceedings. For the first time, noted New York immigration attorney Leon Wildes tells the incredible story of this landmark case - John Lennon vs. The U.S.A. - that set up a battle of wills between John Lennon, Yoko Ono, and President Richard Nixon. Although Wildes did not even know who John Lennon and Yoko Ono were when he was originally retained by them, he developed a close relationship with them both during the eventual five-year period while he represented them and thereafter. This is their incredible story.
Richard Mendelson brings together his expertise as both a Napa Valley lawyer and a winemaker into this accessible overview of American wine law from colonial times to the present. It is a story of fits and starts that provides a fascinating chronicle of the history of wine in the United States told through the lens of the law. From the country's early support for wine as a beverage to the moral and religious fervor that resulted in Prohibition and to the governmental controls that followed Repeal, Mendelson takes us to the present day - and to the emergence of an authentic and significant wine culture. He explains how current laws shape the wine industry in such areas as pricing and taxation, licensing, appellations, health claims and warnings, labeling, and domestic and international commerce.As he explores these and other legal and policy issues, Mendelson lucidly highlights the concerns that have made wine alternatively the demon or the darling of American society - and at the same time illuminates the ways in which lives and livelihoods are affected by the rise and fall of social movements.
Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century. Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad--Aharon Barak, for example--were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law--a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law. For Owen Fiss, one of the country's leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.
Astrid Bothmann examines historical, political and socioeconomic factors that explain the absence of transitional justice in Nicaragua from 1990 to 2012. The author provides the first systematic analysis of the reasons for the lack of transitional justice in Nicaragua after the end of the Sandinista regime and the civil war (1990). Contrary to other Latin American states of the third wave of democratization, which put the perpetrators of past crimes on trial, established truth commissions, purged political and military officials, and made reparations to the victims, Nicaragua's first post-war government opted for a policy of national reconciliation that was based on amnesty and oblivion. Subsequent governments followed this course so that the past has not been dealt with until today.
Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture.America's selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States' frequent--if selective--disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.
Conjugal Misconduct reveals the hidden history of controversial and legally contested marital arrangements in twentieth-century America. William Kuby examines the experiences of couples in unconventional unions and the legal and cultural backlash generated by a wide array of 'alternative' marriages. These include marriages established through personal advertisements and matchmaking bureaus, marriages that defied state eugenic regulations, hasty marriages between divorced persons, provisional and temporary unions referred to as 'trial marriages', racial intermarriages, and a host of other unions that challenged sexual and marital norms. In illuminating the tensions between those who set marriage policies and those who defied them, Kuby offers a fresh account of marriage's contested history, arguing that although marital nonconformists composed only a small minority of the population, their atypical arrangements nonetheless shifted popular understandings of marriage and consistently refashioned the legal parameters of the institution.
English law underwent rapid transformation in the sixteenth century in response to the Reformation and the growing power of the legal profession. In "A Power to Do Justice", Bradin Cormack argues that jurisdictional encounters and crises made visible the law's resemblance to the literary arts, and that Renaissance writers engaged with the concept of jurisdiction to reflect both on the nature of law and on their own imaginative practice. Reassessing the relationship between English literature and law from More to Shakespeare and Webster, Cormack shows that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law's power.
Between the summer of 1937 and November 1938, the Stalinist regime arrested over 1.5 million people for "counterrevolutionary" and "anti-Soviet" activity and either summarily executed or exiled them to the Gulag. While we now know a great deal about the experience of victims of the Great Terror, we know almost nothing about the lower- and middle-level Narodnyi Komissariat Vnutrennikh Del (NKVD), or secret police, cadres who carried out Stalin's murderous policies. Unlike the postwar, public trials of Nazi war criminals, NKVD operatives were tried secretly. And what exactly happened in those courtrooms was unknown until now. In what has been dubbed "the purge of the purgers," almost one thousand NKVD officers were prosecuted by Soviet military courts. Scapegoated for violating Soviet law, they were charged with multiple counts of fabrication of evidence, falsification of interrogation protocols, use of torture to secure "confessions," and murder during pre-trial detention of "suspects" - and many were sentenced to execution themselves. The documentation generated by these trials, including verbatim interrogation records and written confessions signed by perpetrators; testimony by victims, witnesses, and experts; and transcripts of court sessions, provides a glimpse behind the curtains of the terror. It depicts how the terror was implemented, what happened, and who was responsible, demonstrating that orders from above worked in conjunction with a series of situational factors to shape the contours of state violence. Based on chilling and revelatory new archival documents from the Ukrainian secret police archives, Stalinist Perpetrators on Trial illuminates the darkest recesses of Soviet repression - the interrogation room, the prison cell, and the place of execution - and sheds new light on those who carried out the Great Terror.
A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World As 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 negotiations, disputes, and assertions of right. Settlers' and indigenous peoples' legal presuppositions shaped and sometimes misdirected their attempts to employ each other's law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of "legal intelligibility": How and to what extent did settler law and its associated notions of justice became intelligible-tactically, technically and morally-to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.
In the small hours of 27 May 1817, Mary Ashford, a young servant girl from the village of Erdington near Birmingham, left a party in the company of Abraham Thornton. A few hours later she was found drowned in a pool; an inquest established that she had been raped. Despite a seemingly solid alibi, Thornton, an uncouth young man with a bad reputation, was soon on trial for his life, but to the widespread consternation of everyone from the local gentry to the humblest labourer, he was acquitted at the direction of the judge. Public opinion across the country was outraged, convinced that a murderer had evaded the gallows. Then, in a last-ditch effort to find justice, Mary's brother used an archaic legal process to prosecute Thornton again, only find himself confronted with an extraordinary challenge. In court, Thornton threw down a gauntlet and demanded his legal right to trial by combat The outcome altered the course of English legal history. In this many-layered account, Naomi Clifford looks at the key issue of whether Thornton was guilty but also explores themes including the birth of forensic investigation, the meaning of sexual consent and the struggle of a modern state to emerge from its medieval legal heritage.
Over a century has passed since the United States Supreme Court decided a series of cases, known as the "Insular Cases," that limited the applicability of constitutional rights in Puerto Rico and other overseas territories and allowed the United States to hold them indefinitely as subordinated possessions without the promise of representation or statehood. Essays in this volume, which originated in a Harvard Law School conference, reconsider the Insular Cases. Leading legal authorities examine the history and legacy of the cases, which are tinged with outdated notions of race and empire, and explore possible solutions for the dilemmas they created. Reconsidering the Insular Cases is particularly timely in light of the latest referendum in Puerto Rico expressing widespread dissatisfaction with its current form of governance, and litigation by American Samoans challenging their unequal citizenship status. This book gives voice to a neglected aspect of U.S. history and constitutional law and provides a rich context for rethinking notions of sovereignty, citizenship, race, and place, as well as the roles of law and politics in shaping them.
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law.
The author uses Herbert Hart s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field.
These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called constitutional revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law.
In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly."
Taking her title from the British term for legal study, "to read for the law," Christine L. Krueger asks how "reading for the law" as literary history contributes to the progressive educational purposes of the Law and Literature movement. She argues that a multidisciplinary "historical narrative jurisprudence" strengthens narrative legal theorists' claims for the transformative powers of stories by replacing an ahistorical opposition between literature and law with a history of their interdependence, and their embeddedness in print culture. Focusing on gender and feminist advocacy in the long nineteenth century, "Reading for the Law" demonstrates the relevance of literary history to feminist jurisprudence and suggests how literary history might contribute to other forms of "outsider jurisprudence."
Krueger develops this argument across discussions of key jurisprudential concepts: precedent, agency, testimony, and motive. She draws from a wide range of literary, legal, and historical sources, from the early modern period through the Victorian age, as well as from contemporary literary, feminist, and legal theory. Topics considered include the legacy of witchcraft prosecutions, the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses and "pro se" litigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy. The saliency of the nineteenth-century British literary culture stems in part from its place in a politico-legal tradition that produces the very conditions of narrative legal theorists' aspirations for meaningful social transformation in modern, multicultural democracies.
A monumental investigation of the Supreme Court's rulings on race,
From Jim Crow To Civil Rights spells out in compelling detail the
political and social context within which the Supreme Court
Justices operate and the consequences of their decisions for
American race relations. In a highly provocative interpretation of
the decision's connection to the civil rights movement, Klarman
argues that Brown was more important for mobilizing southern white
opposition to racial change than for encouraging direct-action
protest. Brown unquestioningly had a significant impact--it brought
race issues to public attention and it mobilized supporters of the
ruling. It also, however, energized the opposition. In this
authoritative account of constitutional law concerning race,
Michael Klarman details, in the richest and most thorough
discussion to date, how and whether Supreme Court decisions do, in
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.
The concept of kinship is at the heart of understanding not only the structure and development of a society, but also the day-to-day interactions of its citizens. Kinship in Ancient Athens aims to illuminate both of these issues by providing a comprehensive account of the structures and perceptions of kinship in Athenian society, covering the archaic and classical periods from Drakon and Solon up to Menander. Drawing on decades of research into a wide range of epigraphic, literary, and archaeological sources, and on S. C. Humphreys' expertise in the intersections between ancient history and anthropology, it not only puts a wealth of data at readers' fingertips, but subjects it to rigorous analysis. By utilizing an anthropological approach to reconstruct patterns of behaviour it is able to offer us an ethnographic 'thick description' of ancient Athenians' interaction with their kin that offers insights into a range of social contexts, from family life, rituals, and economic interactions, to legal matters, politics, warfare, and more. The work is arranged into two volumes, both utilizing the same anthropological approach to ancient sources. Volume I explores interactions and conflicts shaped by legal and economic constraints (adoption, guardianship, marriage, inheritance, property), as well as more optional relationships in the field of ritual (naming, rites de passage, funerals and commemoration, dedications, cultic associations) and political relationships, both formal (Assembly, Council) and informal (hetaireiai). Among several important and novel topics discussed are the sociological analysis of names and nicknames, the features of kin structure that advantaged or disadvantaged women in legal disputes, and the economic relations of dependence and independence between fathers and sons. Volume II deals with corporate groups recruited by patrifiliation and explores the role of kinship in these subdivisions of the citizen body: tribes and trittyes (both pre-Kleisthenic and Kleisthenic), phratries, gene, and demes. The section on the demes stresses variety rather than common features, and provides comprehensive information on location and prosopography in a tribally organized catalogue.
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments. Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. Throughout this in-depth presentation of the key determinants in European legal history, Bart Wauters and Marco de Benito allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions - with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored. With its elegant comparative approach, this book will appeal to European Law students and scholars looking for a concise, yet academically sound, account of the history of law in Europe.
Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Book I: Of the Rights of Persons covers the key topics of constitutional and public law. Blackstone's inaugural lecture 'On the Study of the Law' introduces a series of general essays on the nature of law, including a chapter on 'The Absolute Rights of Individuals' . This is followed by an extended account of England's political constitution. The various categories of people or subjects are then surveyed, with special attention to the rights and obligations of masters and servants, husbands and wives, parents and children, and lastly 'artificial persons', or corporations. In addition to David Lemmings' introduction to the volume, Book I includes an introduction from the General Editor Wilfrid Prest.
Thought about lying and perjury became increasingly practical from the end of the twelfth century in Western Europe. At this time, a distinctive way of thinking about deception and false oaths appeared in the schools of Paris and Bologna, most notably in the Summa de Sacramentis et Animae Consiliis of Peter the Chanter. This kind of thought was concerned with moral dilemmas and the application of moral rules in exceptional cases. It was a tradition which continued in pastoral writings of the thirteenth century, the practical moral questions addressed by theologians in universities in the second half of the thirteenth century, and in the Summae de Casibus Conscientiae of the late Middle Ages. Lying and Perjury in Medieval Practical Thought argues that medieval practical ethics of this sort can usefully be described as casuistry - a term for the discipline of moral theology that became famous during the Counter-Reformation. This can be seen in the origins of the concept of equivocation, an idea that was explored in medieval literature with varying degrees of moral ambiguity. From the turn of the thirteenth century, the concept was adopted by canon lawyers and theologians, as a means of exploring questions about exceptional situations in ethics. It has been assumed in the past that equivocation, and the casuistry of lying was an academic discourse invented in the sixteenth century in order to evade moral obligations. This study reveals that casuistry in the Middle Ages was developed in ecclesiastical thought as part of an effort to explain how to follow moral rules in ambiguous and perplexing cases.
This volume, the fourth in the series, contains the proceedings from the conference Law and Power in the Middle Ages and covers a wide range of topics from individual and local case studies to broader reflections the relationship between law and power, secular as well as ecclesiastical, in medieval European societies. Combining the approaches of several historical disciplines - political, social, intellectual, and legal - an international group of eminent scholars offer their views on central aspects of the function of law in creating and maintaining social order. Students and scholars of European legal culture and of medieval history in general should find this collection of essays a useful contribution to the continuing discussion about the development of European law, legal principles and notions of justice.
This is an institutional history of Scotland's 18th century legal community. How important can a court and its members be in influencing the development of a country? In Scotland's case, the answer is surprising. The remarkable metamorphosis of eighteenth-century Edinburgh, from crisis conditions in the 1690s through the Union to the intellectual heights of Enlightenment and the development of the spectacular New Town, owed a great deal to those who spent their professional lives working in the Court of Session as members of the unique institution known as the College of Justice. James Boswell, Lord Kames, Henry Dundas and Walter Scott are just some of those who emerged from the College to influence Scotland's place in Europe. This study investigates the important role of College members in the cultural and economic flowering of Scotland as a whole, and Edinburgh in particular. It argues that a single Law institution had a marked influence on the Scottish cultural landscape to the present day. It is an original study making use of a range of manuscript sources. No existing work has made such extensive use of session papers or has looked at the manuscript town council minutes of Edinburgh in such depth for legal historical purposes. It reveals the working milieu within which Scots law developed at a key period following the parliamentary Union of 1707 as Scots law consolidated itself as one of the world's few mixed jurisdictions. It shows the development of Edinburgh's history as an example of community interaction in an urban setting in comparison to courts across Europe and elsewhere.
Volume I of The Official History of Criminal Justice in England and Wales frames what was known about crime and criminal justice in the 1960s, before describing the liberalising legislation of the decade. Commissioned by the Cabinet Office and using interviews, British Government records, and papers housed in private, and institutional collections, this is the first of a collaboratively written series of official histories that analyse the evolution of criminal justice between 1959 and 1997. It opens with an account of the inception of the series, before describing what was known about crime and criminal justice at the time. It then outlines the genesis of three key criminal justice Acts that not only redefined the relations between the State and citizen, but also shaped what some believed to be the spirit of the age: the abolition of capital punishment, and the reform of the laws on abortion, and homosexuality. The Acts were taken to be so contentious morally and politically that Governments of different stripes were hesitant about promoting them formally. The onus was instead passed to backbenchers, who were supported by interlocking groups of reformers, with a pooled knowledge about how to effectively organise a rhetoric that drew on the language of utilitarianism, and the clarity and authority of a Church of England. This came to play an increasingly consequential and largely unacknowledged part in resolving what were often confusing moral questions. This book will be of much interest to students of criminology and British history, politics and law.
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