* Comprises original contributions from a multi-disciplinary range of experts; * Traces the role of policing within and across this transnational assemblage of nations, connected by their shared legacy from Portuguese colonialism.

Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having 'steared as neere as we could to the course of Ingland'. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.

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 suffers from fundamental flaws that make it a myth rather than a viable academic perspective.

Conservative Criminology serves as an important counterpoint to virtually every other academic text on crime. Hundreds of books have been written about crime and criminal justice policy from a variety of perspectives, including Marxist, liberal, progressive, feminist, radical, and post-modernist. To date, however, no book has been written outlining a conservative perspective on crime and criminal justice policy. Not a polemic against liberalism, Conservative Criminology nonetheless focuses on how liberal ideology affects the study of crime and criminals and the policies that criminologist advocate. Wright and DeLisi, both senior scholars, give a voice to a major political philosophy-a philosophy often demonized by academics-and to conservatives in the academic world. In the end, Conservative Criminology calls for an investment in intellectual diversity, a respect for varying political philosophies, and a renewed commitment to honesty in scholarship. The authors encourage debate in the profession about the proper role of ideology in the academy and in public policies on crime and justice. Conservative Criminology is for the criminal justice professional and student. It serves as a stimulating supplement to courses in criminology and criminal justice, as well as a primary text for special issues or capstone courses. This book supports the reader in recognizing ideological biases, whatever they might be, and in considering their own convictions.

This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law's central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

Policing Child Sexual Abuse provides a historical overview of the evolution of policing child sexual abuse in Queensland, tracing a legacy of failure (even corruption) in the decades leading up to the foundation of Taskforce Argos, a branch of the Queensland Police Service created in part as a response to criticisms of police shortcomings in this area. -uses a combination of archival and open-source material to trace the shifting approach to policing child sexual abuse -acts as a case study of how a police force with such a negative track record in policing this area was able to correct its path and reform its practices, to the point that it could emerge as a world-leader in policing CSA Demonstrating how, even in contexts where police responses to CSA have been met with significant criticism, an opportunity still exists to reject historical failures in favour of a renewed commitment to proactive policing of CSA, this book will be of great interest to scholars of policing, historical criminology and child sexual abuse.

This, the concise edition of Liberty and Union, is an abridged constitutional history of the United States, designed for short single-semester courses, comprising the key topics from Volumes 1 and 2. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors in the field, this concise edition presents seminal topics while retaining the narrative flow of the two full original volumes. An accessible alternative to dense scholarly works, this textbook avoids unnecessary technical jargon, defines legal terms and historical personalities where appropriate, and makes explicit connections between constitutional themes and historical events. For students in a short undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extracts from primary documents Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices

This collection focuses on the history of legal emblems and the genealogy of law s visual structures. The growing interest in law and the visual has tended to focus in a somewhat lazy fashion upon film and law, rather than addressing the actual history of law s regimes of visual control. But early modern lawyers, civilian and common alike, developed their very own ars iuris or art of law. A variety of legal disciplines always relied in part upon the use of visual representations, upon images and statuary to convey authority and sovereign norm. Military, religious, administrative and legal images found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. This book traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues in significant part into the present and multiple technologies of vision. Bringing together leading experts on the history of legal emblems to address the critical question of why it was lawyers who authored the "emblemata," and correlatively, what was the relation and role of these visual depictions of norms to the practice and performance of law, this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity."

Recent years have seen a number of pressing developments in copyright law: there has been an enormous increase in the range and type of work accorded protection; the concept of the 'original work' has entered into national copyright acts; and intangible entities are now entitled to protection by copyright. All these are consequences of legislative and technological developments that can be traced back over two centuries and more. the result. This book presents an interdisciplinary study of the growth of copyright law, largely based on archival research and on archival materials only recently made available online. The new history here articulated helps to explain why print is no longer today the sole or even the chief object of copyright protection. Taking its key examples from British, French and Danish copyright law, the book begins by exploring how the earliest copyright laws emerged out of the technological understanding of a printed 'copy,' and out of the philosophical notions of originals and copies, tangibles and intangibles. Dr Teilmann-Lockgoes on to examine the concept of the 'work' as it develops both conceptually and legally, as the object of protection, and then explains how, in a curious consequence, 'the work' turns the 'copy' into the 'mere' material instantiation of the intangible 'original'. The book concludes by addressing the considerable and complicated problems now emerging in copyright law following the inclusion of design within the scope of its protection. In this field Danish law, striving to protect Danish design, has been setting the trend for over a hundred years. In its examination of terminological exchanges between the diverse legal traditions and philosophical discourse, and in its thorough investigation of particular terms central to copyright legislation, this interdisciplinary book will be of great interest to scholars and students of copyright and intellectual property law; it also makes an important contribution to literary studies, legal history and cultural theory.

This collection focuses on the history of legal emblems and the genealogy of law s visual structures. The growing interest in law and the visual has tended to focus in a somewhat lazy fashion upon film and law, rather than addressing the actual history of law s regimes of visual control. But early modern lawyers, civilian and common alike, developed their very own ars iuris or art of law. A variety of legal disciplines always relied in part upon the use of visual representations, upon images and statuary to convey authority and sovereign norm. Military, religious, administrative and legal images found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. This book traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues in significant part into the present and multiple technologies of vision. Bringing together leading experts on the history of legal emblems to address the critical question of why it was lawyers who authored the "emblemata," and correlatively, what was the relation and role of these visual depictions of norms to the practice and performance of law, this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity."

While there is no shortage of studies addressing the state's regulation of the sexual, research into the ways in which the sexual governs the state and its attributes is still in its infancy. The Sexual Constitution of Political Authority argues that there are good reasons to suppose that our understandings of state power quiver with erotic undercurrents. The book maintains, more specifically, that the relationship between ideas of political authority and male same-sex desire is especially fraught. Through a series of case studies where a statesman's same-sex desire was put on trial (either literally or metaphorically) as a problem for the good exercise of public powers, the book shows the resilience and adaptability of cultural beliefs in the incompatibility between public office and male same-sex desire. Some of the case studies analysed are familiar ground for both political/constitutional history and the history of sexuality. The Sexual Constitution of Political Authority argues, however, that only by systematically reading questions of institutional politics and questions of sexuality through each other will we have access to the most interesting insights that a study of these trials can generate. Whether they involve obscure public officials or iconic rulers such as Hadrian and James I, these compelling fragments of queer history reveal that the disavowal of male same-sex desire has been, and partly remains, central to mainstream understandings of political authority.

During the inspired years of the Athenian empire, through the tragedy of its collapse, to the more prosaic era that followed, most of the great names in Athenian history were involved in the procedures of criminal law. Political Trials in Ancient Greece, first published in 1990, explores the relationships between historical process, constitution, law, political machinations and foreign policy, concentrating on fifth and fourth century Athens and on Macedonia. These trials contribute significant details to our knowledge of such towering figures as Aeschylus, Pericles, Thucydides, Alcibiades, Socrates, Demosthenes and Aristotle, as well as a diverse collection of Macedonian defendants. The jurisdiction of the Areopagus, trials of communities, and the personal jurisdiction of the Macedonian king are also examined. Richard Bauman's original account broadens our understanding of Greek legal institutions and of the ancient Greek approach to the law, as well as the general ethos of Athenian and Macedonian society.

When it was granted by King John in 1215, Magna Carta was a practical solution to a political crisis. In the centuries since, it has become a potent symbol of liberty and the rule of law. This catalogue accompanies a once-in-a-lifetime exhibition at the British Library commemorating the 800th anniversary of Magna Carta. It takes us on a journey from the charter's medieval origins through to what it means to people around the world today. Drawing on the rich historical collections of the British Library - including two original copies of Magna Carta from 1215 - the catalogue brings to life the history and contemporary resonance of this globally important document. It features treasured artefacts inspired by the rich legacy of Magna Carta, including Thomas Jefferson's handwritten draft of the Declaration of Independence and an original copy of the Bill of Rights.

This title, first published in 1979, was ground-breaking in its exploration of the understudied area of the Tudor law of treason. Bellamy first examines the scope of that law, noting the inheritance from the Middle Ages, the effectiveness of the new statutes and interpretation of the law by the judiciary. Mining the archives for official, legal and literary accounts, the following parts consider how the government came to hear of traitors, the use of evidence and witnesses in trials and finally the fate of the traitor at the gallows and beyond. This is a full, useful and interesting title, which will be of great value to students researching Tudor and late medieval statute law, the Tudor concept of treason and the mores of Tudor society.

The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy's place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.

This title, first published in 1989, was one of the first to directly address the legal dimension of bastard feudalism. John Bellamy explores the role and vulnerability of local officials and juries, the nature of the endemic land wars and the interference in the justice system by those at the top of the social chain. What emerges is a focus on the role of land in disputes, the importance of royal favour and political advantage and the attempt to suppress disruption. This is an interesting title, which will be of particular value to students researching the nature of late medieval and early Tudor feudalism, royal patronage and legal procedure.

An excellent and entertaining essayist, Laski s volume deals with the issues of politics and law in Europe and American during the 1920s and 30s. It is unified by the concpetion of democracy as a society of equals sharing in a common good.

"

Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas - about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.

Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.

Since the United States' entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation's military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book's conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century's American military, political, social, and cultural history and the operation of the nation's armed forces from a judicial vantage.

Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.

In Custom, Ferdinand Tonnies illustrates the relationship of custom to various aspects of culture, such as religion, gender, and family. Tonnies argues that all social norms are evolved from a basic sense of order, which is largely derived from customs. As such, custom refers to the ideal, and the desirable, and it mediates subjective aspects of social life. Tonnies makes observations in Custom that are just as true today as when they were written over a century ago.

The pivotal idea in Tonnies work is the observation that custom, like its individual counterpart habit, has three distinct aspects: a fact--an actual way of conduct; a norm--a general rule of conduct; and a will. The analysis, extended into the field of collective behavior, helps to explain how far custom can be regarded as a manifestation of a common will.

Custom is a classic contribution in the grand canon of law and society scholarship. Moreover, the volume introduces several key elements of Tonnies' work focusing on broader sociological thought, which benefits both the theoretical understanding of law as an object of social science reflection, as well as provides empirical insights into the roles of law in society.

This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law's central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

Medical confidentiality has long been recognised as a core element of medical ethics, but its boundaries are under constant negotiation. Areas of debate in twenty-first century medicine include the use of patient-identifiable data in research, information sharing across public services, and the implications of advances in genetics. This book provides important historical insight into the modern evolution of medical confidentiality in the UK. It analyses a range of perspectives and considers the broader context as well as the specific details of debates, developments and key precedents. With each chapter focusing on a different issue, the book covers the common law position on medical privilege, the rise of public health and collective welfare measures, legal and public policy perspectives on medical confidentiality and privilege in the first half of the twentieth century, contestations over statutory recognition for medical privilege and Crown privilege. It concludes with an overview of twentieth century developments. Bringing fresh insights to oft-cited cases and demonstrating a better understanding of the boundaries of medical confidentiality, the book discusses the role of important interest groups such as the judiciary, Ministry of Health and professional medical bodies. It will be directly relevant for people working or studying in the field of medical law as well as those with an interest in the interaction of law, medicine and ethics.