The focus of this collection of articles by Donald J. Kagay is the effect of the expansion of royal government on the societies of the medieval Crown of Aragon. He shows how the extensive episodes of warfare during the 13th and 14th centuries served as a catalyst for the extension of the king's law and government across the varied topography and political landscape of eastern Spain. In the long conflicts against Spanish Islam and neighbouring Christian states, the relationships of royal to customary law, of monarchical to aristocratic power, and of Christian to Jewish and Muslim populations, all became issues that marked the transition of the medieval Crown of Aragon to the early modern states of Catalonia, Aragon and Valencia, and finally to the modern Spanish nation.

In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity in contemporary America. The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.

This book is a study of the beginnings of law and the 'primitive' stages of its development, from the first rudimentary rules of conduct to the codes of the legal systems. Its scope extends to both cultures and legal systems from the ancient and medieval past: those of the Babylonians and Assyrians, Hittites, Hebrews, Romans, Hindus, English and other German peoples, and those of Africa, Australia and America. Correlating early economic and legal development, the book illustrates how laws change with the development of material culture. Originally published in 1971.

This book argues that Oliver Wendell Holmes Jr., helps us see the law through an Emersonian lens by the way in which he wrote his judicial dissents. Holmes's literary style mimics and enacts two characteristics of Ralph Waldo Emerson's thought: "superfluity" and the "poetics of transition," concepts ascribed to Emerson and developed by literary critic Richard Poirier. Using this aesthetic style borrowed from Emerson and carried out by later pragmatists, Holmes not only made it more likely that his dissents would remain alive for future judges or justices (because how they were written was itself memorable, whatever the value of their content), but also shaped our understanding of dissents and, in this, our understanding of law. By opening constitutional precedent to potential change, Holmes's dissents made room for future thought, moving our understanding of legal concepts in a more pragmatic direction and away from formalistic understandings of law. Included in this new understanding is the idea that the "canon" of judicial cases involves oppositional positions that must be sustained if the law is to serve pragmatic purposes. This process of precedent-making in a common-law system resembles the construction of the literary canon as it is conceived by Harold Bloom and Richard Posner.

1. While we publish several books on the history of crime and criminal justice, this is the first book to set the agenda for an historically informed criminology. 2. This book has a dual market across criminology and history. 3. This book will be key reading for courses on the history of crime and criminal justice, and theories and concepts in criminology.

'A fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading' Rana Mitter, author of China's Good War The laws now enforced throughout the world are almost all modelled on systems developed in Europe in the eighteenth and nineteenth centuries. During two hundred years of colonial rule, Europeans exported their laws everywhere they could. But they weren't filling a void: in many places, they displaced traditions that were already ancient when Vasco Da Gama first arrived in India. Where, then, did it all begin? And what has law been and done over the course of human history? In The Rule of Laws, pioneering anthropologist Fernanda Pirie traces the development of the world's great legal systems - Chinese, Indian, Roman, and Islamic - and the innumerable smaller traditions they inspired.

Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Dusseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.

By 1838, over two thousand Americans had been killed and many hundreds injured by exploding steam engines on steamboats. After calls for a solution in two State of the Union addresses, a Senate Select Committee met to consider an investigative report from the Franklin Institute of Philadelphia, the first federally funded investigation into a technical.

First published in 1849 in London under the title Hortensius: or, The Advocate, Forsyth's History of Lawyers is a spirited account of advocacy in ancient Greece, Rome, and England and of the bar in France. Acknowledging that " w]e are too apt to cloth the ancients in buckram, and view them, as it were, through a magnifying glass, so that they loom before us in the dim distance in almost colossal proportions," Forsyth presents in familiar terms the language of the law and how advocates behaved. Frequently citing classical sources with his own translations, he describes in impressive detail such things as curious trials and the rights and obligations of counsel.William Forsyth 1812-1899] was an English lawyer and author of many works on law and literature, including History Of Trial By Jury (1852).CONTENTS CHAPTER I. Advocacy in Theory CHAPTER II. The Athenian Courts CHAPTER III. Sketch of the Roman Law and the Roman Courts During the Republic CHAPTER IV. Advocacy in Ancient RomeCHAPTER V. Some Account of the Advocates or Rome During the Republic CHAPTER VI. The Bar Under the Empire, and in the Middle Ages CHAPTER VII. The Noblesse de la Robe CHAPTER VIII. Advocacy in England CHAPTER IX. The Honorarium CHAPTER X. Forensic Casuistry

Drawing from an interdisciplinary body of research and data, Women of Piracy employs a criminological lens to explore how women have been involved in, and impacted by, maritime piracy operations from the 16th century to present day piracy off the coast of Somalia. The book challenges and resists popular understandings of women as peripheral to the criminal enterprise of piracy by presenting and analyzing their roles and experiences as victims, perpetrators, and criminal justice actors, showing that women have been, and continue to be, central figures in maritime piracy. Unfolding in three parts, part one sets the context by providing readers with a history of the masculinization of the sea. Part two focuses on the gendered division of labor in piracy operations, discussing how and why the roles and responsibilities associated with this gendered labor have emerged, persisted, evolved, and/or ceased over time, as well as considering which roles and responsibilities appear to be context-specific and which seem to transgress geographical locations. Part three explores how women have (or have not) been brought to justice for their participation in crimes of piracy as well as the roles of women in efforts to combat piracy. The overarching objective is to ignite a broader discussion about the various cultural, social, historical, and economic forces that create opportunities for women to participate in maritime piracy and counter-piracy, why women continue to be invisible figures of piracy, and what implications this has for how we study, police, and bring pirates to justice. The first criminologically-grounded, global study exploring the continuity and evolution of women in maritime piracy, this book will be of great interest to students and scholars of criminology, gender, feminist studies, international relations, anthropology, history, and political geography. It will also be useful to maritime and law enforcement professionals.

"This work will change our understanding of Coleridge's politics and how we read his oeuvre." Dr. Michael John Kooy (Warwick University, U.K.) Samuel Taylor Coleridge is best known as a great poet and literary theorist, but for one, quite short, period of his life he held real political power - acting as Public Secretary to the British Civil Commissioner in Malta in 1805. This was a formative experience for Coleridge which he later identified as being one of the most instructive in his entire life. In this volume Barry Hough and Howard Davis show how Coleridge's actions whilst in a position of power differ markedly from the idealism he had advocated before taking office - shedding new light on Coleridge's sense of political and legal morality. Meticulously researched and including newly discovered archival materials, Coleridge's Laws provides detailed analysis of the laws and public notices drafted by Coleridge, together with the first published translations of them. Drawing from a wealth of primary sources Hough and Davis identify the political challenges facing Coleridge and reveal that, in attempting to win over the Maltese public to support Britain's strategic interests, Coleridge was complicit in acts of government which were both inconsistent with the the rule of law and contrary to his professed beliefs. Coleridge's willingness to overlook accepted legal processes and personal misgivings for political expediency is disturbing and, as explained by Michael John Kooy's in his extensive Introduction, necessarily alters our understanding of the author and his writing. Coleridge's Laws contributes in new ways to the current debates about Coleridge's achievements, British colonialism and its engagement with the rule of law, nationhood and the effectiveness of the British administration of Malta. It provides essential reading for anybody interested in Coleridge specifically and the Romantics more generally, for political and legal historians and for students of colonial government.

In the 400 years since the first known execution was carried out for treason in Virginia, American jurisdictions have debated both the appropriateness and methods of capital punishment. Over that time, courts have placed varying restrictions on its application, excluding categories of citizens (for example the insane or the underaged) and evaluating and excluding methods of execution by the U.S. Constitution's prohibition on "cruel and unusual punishment." Critics have highlighted controversial issues, including race and class, to argue against capital punishment's perceived uneven application. Others have argued that capital punishment is "cruel and unusual" in any form and should be outlawed altogether. Most recently, the U.S. Supreme Court has ruled, in a 5-4 bare majority, that capital punishment is not cruel and unusual for the crime of murder, provided certain factors are also present. In the same decision it held that infliction of pain of during an execution did not bar its application. States remain free to employ the death penalty or not, and if so, choose freely the method each state deems most appropriate. In Capital Punishment in American Courts, distinguished political scientists James B. Whisker and Kevin R. Spiker survey this history from a penetrating new perspective.

The first comprehensive history of the DREAM Act and Deferred Action for Childhood Arrivals (DACA) In 1982, the Supreme Court of the United States ruled in Plyler v. Doe that undocumented children had the right to attend public schools without charge or impediment, regardless of their immigration status. The ruling raised a question: what if undocumented students, after graduating from the public school system, wanted to attend college? Perchance to DREAM is the first comprehensive history of the DREAM Act, which made its initial congressional appearance in 2001, and Deferred Action for Childhood Arrivals (DACA), the discretionary program established by President Obama in 2012 out of Congressional failure to enact comprehensive immigration reform. Michael A. Olivas relates the history of the DREAM Act and DACA over the course of two decades. With the Trump Administration challenging the legality of DACA and pursuing its elimination in 2017, the fate of DACA is uncertain. Perchance to DREAM follows the political participation of DREAMers, who have been taken hostage as pawns in a cruel game as the White House continues to advocate anti-immigrant policies. Perchance to DREAM brings to light the many twists and turns that the legislation has taken, suggests why it has not gained the required traction, and offers hopeful pathways that could turn this darkness to dawn.

Written for students and based on over 15 years' worth of teaching, this book provides students with both a very accessible introduction to crime and punishment in early modern England and the necessary tools to encourage discussion and debate about some of the key sources from the period. An updated bibliography to include historiography from the last six years provides students with an entry point into further reading and knowledge for essays and seminars on popular courses on crime and justice in Tudor and Stuart England. The introduction has been revised and questions have been added to encourage more discussion about the sources and help students question the sources' historical context and decisions made by authors; this is perfect for students with little experience of primary sources from this period.

James Wilson's life began as an Atlantic World success story, with mounting intellectual, political, and legal triumphs, but ended as a Greek tragedy. Each achievement brought greater anxiety about his place in the revolutionary world. James Wilson's life story is a testament to the success that tens of thousands of Scottish immigrants achieved after their trans-Atlantic voyage, but it also reminds us that not all had a happy ending. This book provides a more nuanced and complete picture of James Wilson's contributions in American history. His contributions were far greater than just the attention paid to his legal lectures. His is a very human story of a Scottish immigrant who experienced success and acclaim for his activities on behalf of the American people during his public service, but in his personal affairs, and particularly financial life, he suffered the great heights and deep lows worthy of a Greek tragedy. James Wilson's life is an entry point into the events of the latter half of the 18th century and the impact of the Scottish Enlightenment on American society, discourse, and government.

One of the secrets within the legal profession is that the stories behind the cases matter more than the legal doctrines involved. A full understanding of legal disputes requires knowing about the cultural and historical context in which the cases arise. In Backstories in the Law: Tales of Victors, Villains and Victims, distinguished law professor Alan Weinberger examine some of the most extraordinary cases of the past century with a focus not so much on the winning and losing, but rather on the backstories behind the disputes. The chapters provide insights and background into the cases, and explain why the decisions continue to resonate today. Most of all, these chapters remind us of the transcendent importance of good stories: in disputes involving fundamental human emotions and desires, there is usually a victor, villain and victim. Ultimately it is the reader who gets to decide whether justice was done or denied.

A leading expert on the administrative state describes the past, present, and future of the immensely consequential-and equally controversial-legal doctrine that has come to define how Congress's laws are applied by the executive branch. The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

As Britain's leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a 'must read' for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.' - N.V. Lowe, Cardiff University, UKThe Present and Future of European Family Law explores the essence of European family law - and what its future may be. It compares and analyzes existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an 'institutional European family law' have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an 'organic European family law' is beginning to emerge. The laws in many European jurisdictions have developed similarly and have 'grown together', not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.

For many years, the far right has sown public distrust in the media as a political strategy, weaponizing libel law in an effort to stifle free speech and silence African American dissent. In Sullivan's Shadow demonstrates that this strategy was pursued throughout the civil rights era and beyond, as southern officials continued to bring lawsuits in their attempts to intimidate journalists who published accounts of police brutality against protestors. Taking the Supreme Court's famous 1964 case New York Times v. Sullivan as her starting point, Aimee Edmondson illuminates a series of fascinating and often astounding cases that preceded and followed this historic ruling. Drawing on archival research and scholarship in journalism, legal history, and African American studies, Edmondson offers a new narrative of brave activists, bold journalists and publishers, and hard headed southern officials. These little-known courtroom dramas at the intersection of race, libel, and journalism go beyond the activism of the 1960s and span much of the country's history, beginning with lawsuits filed against abolitionist William Lloyd Garrison and concluding with a suit spawned by the 1988 film Mississippi Burning.

The 1911 Copyright Act, often termed the 'Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the 'common law copyright system'.This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws. A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policymakers, academic scholars and members of international copyright associations. Contributors include: T.G. Agitha, M.D. Birnhack, D. Daley, Y. Gendreau, N.S. Gopalakrishnan, N.-L.W. Loon, G. McLay, S. Ricketson, U. Suthersanen

A revealing yet accessible examination of the Nuremberg trial, and most crucially all 23 men who stood accused, not just the most infamous-Speer, Hess, and Goering. This account sets the scene by explaining the procedures, the legal context, and the moments of hypocrisy in the Allies' prosecution-ignoring the fact that the Katyn massacre was a Soviet crime and overlooking carpet bombing. Author Andrew Sangster discusses how the word "Holocaust" was not used until long after the trial, probably due to Russian objection as they had lost many more people, and because the Allies generally were not innocent of anti-Semitism themselves, especially Russia and Vichy France. However, the defendants to a person immediately recognised that this was the singular issue which placed them on the steps of the gallows, and their various defences on this charge are therefore crucial to understanding the trial. Sangster also explores how the prisoners related to one another in their approach to defending themselves on the charge of genocide and extermination camps, especially in facing the bully-boy Goering. This new study utilises not only the trial manuscripts, but the pre-trial interrogations, the views of the psychiatrists and psychologists, and the often-overheard conversations between prisoners-who did not know their guards spoke German-to give the fullest exploration of the defendants, their state of mind, and their attitudes towards the Third Reich, Hitler and each other as they faced judgement by the victors of the war.

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.