Legal History 5

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, ……続きを見る

Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensiv……続きを見る

Indian peoples made some four hundred treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well……続きを見る

Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappo……続きを見る

This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or ……続きを見る

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbo……続きを見る

As a child, Inga Markovits dreamt of stealing and reading every letter contained in a mailbox at a busy intersection of her town in order to learn what life is all about. When, decades later, workin……続きを見る

Nineteenth-century governments faced considerable challenges from the rapid, novel and profound changes in social and economic conditions resulting from the industrial revolution. In the context of ……続きを見る

This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, leg……続きを見る

In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased……続きを見る

Private law touches every aspect of people's daily livesーlandholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealingsーand the court recor……続きを見る

In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American histor……続きを見る

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and spe……続きを見る

This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what th……続きを見る

Personhood is considered at once a sign of legal-political status and of socio-cultural agency, synonymous with the rational individual, subject, or citizen. Yet, in an era of life-extending technol……続きを見る

Did you know that Canada’s Criminal Code still has provisions outlawing the practice of witchcraft and "crafty sciences"? Did you know that blasphemy is a crime in Canada? And did you know that putt……続きを見る

“Few people realize that in the area of law, Texas began its American journey far ahead of most of the rest of the country, far more enlightened on such subjects as women’s rights and the protection……続きを見る

2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Bro……続きを見る

Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failureー“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessmen……続きを見る

This study provides a comprehensive critique - forensic, historical, and theoretical - of the moral panic paradigm, using empirically grounded ethnographic research to argue that the panic paradigm ……続きを見る

This study of the documents used in medieval England for the creation and transfer of interests in real property is the first book devoted exclusively to the subject since the publication of Thomas ……続きを見る

Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing value……続きを見る

The Wilson Administration and Civil Liberties, 1917-1921, is a Digitally Remastered™ reprint of one of the classic works of legal and social history. Harry Scheiber's much-cited study of Woodrow Wil……続きを見る

When women won the vote in the United States in 1920 they were still routinely barred from serving as jurors, but some began vigorous campaigns for a place in the jury box. This book tells the story……続きを見る

For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Waldron rejects this view, and makes the case that hate speech should be regulated as part ……続きを見る

A baby disappears from a tent near Uluru in the sandy desert of central Australia. The Aboriginal trackers say she has been taken by a dingo. But amidst a melange of sinister rumours, suspicion fall……続きを見る

How did the United States go from being a country that tries to rehabilitate street criminals and prevent white-collar crime to one that harshly punishes common lawbreakers while at the same time en……続きを見る

Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologis……続きを見る

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to e……続きを見る

‘Justine’ was the Marquis de Sade's first novella, written in 1787, whilst imprisoned for two weeks in the Bastille. Although published anonymously, de Sade was eventually indicted for blasphemy and……続きを見る