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Books > Law > Jurisprudence & general issues > Legal history
Like many countries around the world, Chile is undergoing a
political moment when the nature of democracy and its political and
legal institutions are being challenged. Senior Chilean legal
scholar and constitutional historian Pablo Ruiz-Tagle provides an
historical analysis of constitutional change and democratic crisis
in the present context focused on Chilean constitutionalism. He
offers a comparative analysis of the organization and function of
government, the structure of rights and the main political agents
that participated in each stage of Chilean constitutional history.
Chile is a powerful case study of a Latin American country that has
gone through several threats to its democracy, but that has once
again followed a moderate path to rebuild its constitutional
republican tradition. Not only the first comprehensive study of
Chilean constitutional history in the English language from the
nineteenth-century to the present day, this book is also a powerful
defence of democratic values.
Baker and Milsom's Sources of English Legal History is the
definitive source book on the development of English private law.
This new edition has been comprehensively revised and udpated to
incorporate new sources discovered since the original publication
in 1986, and to reflect developments in recent scholarship.
All the sources included are translated into modern English,
offering an accessible inroad to the leading primary materials for
students of the history of the common law.
The sources themselves - revealing the operation of courts across a
wide range of personal and economic disputes - offer a rich
resource for historians researching the development of the English
government, society, and economy. Their significance in shaping the
common law spans beyond England, and ensures the collection is an
essential reference point for all those interested in the history
of the common law in any jurisdiction.
The 1866 Civil Rights Act is one of the most monumental pieces of
legislation in American history, figuring into almost every
subsequent piece of legislation dealing with civil rights for the
next century. While numerous scholars have looked at it in the
larger social and political context of Reconstruction and its
relationship with the Fourteenth Amendment, this will be the first
book that focuses on its central role in the long history of civil
rights. As George Rutherglen argues, the Act has structured debates
and controversies about civil rights up to the present. The history
of the Act itself speaks to the fundamental issues that continue to
surround civil rights law: the contested meaning of racial
equality; the distinction between public and private action; the
division of power between the states and the federal government;
and the role of the Supreme Court and Congress in implementing
constitutional principles. Slavery, Freedom, and Civil Rights shows
that the Act was not just an archetypal piece of Radical Republican
legislation or merely a precursor to the Fourteenth Amendment.
While its enactment led directly to passage of the amendment, their
simultaneous existence going forward initiated a longstanding
debate over the relationship between the two, and by proxy the
Courts and Congress. How extensive was the Act's reach in relation
to the Amendment? Could it regulate private discrimination?
Supersede state law? What power did it endow to Congress, as
opposed to the Courts? The debate spawned an important body of
judicial doctrine dealing with almost all of the major issues in
civil rights, and this book positions both the Act and its legacy
in a broad historical canvas.
In Law in American History, Volume III: 1930-2000, the eminent
legal scholar G. Edward White concludes his sweeping history of law
in America, from the colonial era to the near-present. Picking up
where his previous volume left off, at the end of the 1920s, White
turns his attention to modern developments in both public and
private law. One of his findings is that despite the massive
changes in American society since the New Deal, some of the
landmark constitutional decisions from that period remain salient
today. An illustration is the Court's sweeping interpretation of
the reach of Congress's power under the Commerce Clause in Wickard
v. Filburn (1942), a decision that figured prominently in the
Supreme Court's recent decision to uphold the Affordable Care Act.
In these formative years of modern American jurisprudence, courts
responded to, and affected, the emerging role of the state and
federal governments as regulatory and redistributive institutions
and the growing participation of the United States in world
affairs. They extended their reach into domains they had mostly
ignored: foreign policy, executive power, criminal procedure, and
the rights of speech, sexuality, and voting. Today, the United
States continues to grapple with changing legal issues in each of
those domains. Law in American History, Volume III provides an
authoritative introduction to how modern American jurisprudence
emerged and evolved of the course of the twentieth century, and the
impact of law on every major feature of American life in that
century. White's two preceding volumes and this one constitute a
definitive treatment of the role of law in American history.
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