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The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men "analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War.
Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics.
In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men "reveals a Cold War dynamic that still roils East Asian relations today.
First published in 1895, Sir Frederick Pollock and Frederic William
Maitland's legal classic "The History of English Law before the
Time of Edward I "expanded the work of Sir Edward Coke and William
Blackstone by exploring the origins of key aspects of English
common law and society and with them the development of individual
rights as these were gradually carved out from the authority of the
Crown and the Church. Although it has been more than a century
since its initial publication, Pollock and Maitland's work is still
considered an accessible and useful foundational reference for
scholars of medieval English law.
Although women were not officially permitted to practice law in Maryland until 1902, the history of women acting as lawyers in Maryland is storied, going back to the earliest decades of colonial America. Today, of course, women serve not only as lawyers but also as judges, professors, and elected officials, and anywhere from in local government to the U.S. Senate. Finding Justice tells the remarkable story of how women overcame historical obstacles-legal, social, and economic-to enter the legal profession and how their pioneering work has influenced the practice of law and society at large. The volume contains a CD with the first-evercompiled list of the nearly 25,000 women who have been admitted to the bar in Maryland. Distributed for George F. Thompson Publishing in association with the Maryland Women's Bar Association Foundation and the University of Baltimore Foundation.
In Mea Culpa, Steven W. Bender examines how the United States' collective shame about its past has shaped the evolution of law and behavior. We regret slavery and segregationist Jim Crow laws. We eventually apologize, while ignoring other oppressions, and our legal response to regret often fails to be transformative for the affected groups. By examining policies and practices that have affected the lives of groups that have been historically marginalized and oppressed, Bender is able to draw persuasive connections between shame and its eventual legal manifestations. Analyzing the United States' historical response to its own atrocities, Bender identifies and develops a definitive moral compass that guides us away from the policies and practices that lead to societal regret. Mea Culpa challenges its readers. In a different era, might we have been slave owners or proprietors of a racially segregated establishment? It's easy to judge immorality in the hindsight of history, but what current practices and policies will later generations regret? More than a historical survey, this volume offers a framework for resolving some of the most contentious social problems of our time. Drawing on his background as a legal scholar, Bender tackles immigration, the death penalty, the war on terror, reproductive rights, welfare, wage inequity, homelessness, mass incarceration, and same-sex marriage. Ultimately, he argues, it is the dehumanization of human beings that allows for practices to occur that will later be marked as regrettable. And all of us have a stake in standing on the side of history that resists dehumanization.
The story of how a much-contested legal category-statelessness-transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg's innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
Austerity Justice looks at how the civil legal safety net was established and why it is now under threat, due to a combination of austerity policies and the casual indifference of a few powerful politicians to the state's responsibility to provide a civil justice system that guarantees equality before the law regardless of means. Over the last 40 years, the civil legal aid system provided by solicitors and barristers developed in parallel with the expansion of not for profit advice centres such as Citizens Advice Bureaux. These services, though not originally conceived as such, evolved into an important arm of the welfare state. They ensure effective redress for people facing the everyday problems that a crisis in their lives such as a divorce, long-term disability or losing a job can throw at them. The austerity measures of the current coalition government mean that from next year this will become a much reduced service. Access to justice policy might be at its lowest ebb, but the campaign against the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 could have sown the seeds of recovery. The debate over the Act led to a tipping point between members of the coalition government. Some ministers wanted a once-and-for-all redesign, closing off any chance that the legal aid system could expand again to meet the civil legal needs of the public. lndividual Liberal Democrat and Conservative parliamentarians, the Labour Opposition, and the weight of informed non-party political opinion, represented by crossbenchers in the Lords, were opposed to this. Key concessions were won including a section in the LASPO Act which allows amendments to the scope of legal aid to be made in the future.
In the aftermath of sixth-century barbarian invasions, the legal
profession that had grown and flourished during the Roman Empire
vanished. Nonetheless, professional lawyers suddenly reappeared in
Western Europe seven hundred years later during the 1230s when
church councils and public authorities began to impose a body of
ethical obligations on those who practiced law. James Brundage's
"The Medieval Origins of the Legal Profession" traces the history
of legal practice from its genesis in ancient Rome to its rebirth
in the early Middle Ages and eventual resurgence in the courts of
the medieval church.
The Liber legis Scaniae: The Latin Text with Introduction, Translation and Commentaries forms the second volume of The Danish Medieval Laws and is dedicated to the Latin text based on the Danish medieval Law of Scania. Also known as the "Old laws of Scania", the Liber legis Scaniae is ascribed to Archbishop Anders Sunesen and traditionally belongs to the corpus of Danish medieval laws. It was translated from Old Danish in the thirteenth century and until now has often been considered a subsidiary text. In this book, the importance of the Liber legis Scaniae is reexamined and its role in the first redaction of the Danish medieval laws is revealed as far more central than previously thought. This is the first time the text has been translated into English, and both the original Latin and the new English translation are included together. Beginning with a detailed introduction providing key information about the text, its author and its place in Danish legal history, and including a chapter dedicated to the Latin language of the text, this book will be ideal for students and scholars of medieval Scandinavian legal history. It also concludes with an extensive Latin-to-English glossary.
For the nobility and gentry in later medieval England, land was a source of wealth and status. Their marriages were arranged with this in mind, and it is not surprising that so many of them had mistresses and illegitimate children. John de Warenne, earl of Surrey, married at the age of twenty to a ten-year-old granddaughter of Edward I, had at least eight bastards and a complicated love life. In theory, bastards were at a considerable disadvantage. Regarded as filius nullius' or the son of no one, they were unable to inherit real property and barred from the priesthood. In practice, illegitimacy could be less of a stigma in late medieval England than it became between the sixteenth and late twentieth centuries. There were ways of making provision for illegitimate offspring and some bastards did extremely well: in the church; through marriage; as soldiers; a few even succeeding to the family estates. The Legitimacy of Bastards is the first book to consider the individuals who had illegitimate children, the ways in which they provided for them and attitudes towards both the parents and the bastard children. It also highlights important differences between the views of illegitimacy taken by the Church and by the English law.
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.
St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.
This volume honours the work and writings of Professor Sir John Baker over the past fifty years, presenting a collection of essays by leading scholars on topics relating to the sources of English legal history, the study of which Sir John has so much advanced. The essays range from the twelfth century to the nineteenth, considering courts (central and local), the professions (both common law and civilian), legal doctrine, learning, practice, and language, and the cataloguing of legal manuscripts. The sources addressed include court records, reports of litigation (in print and in manuscript), abridgements, fee books and accounts, conveyances and legal images. The volume advances understanding of the history of the common law and its sources, and by bringing together essays on a range of topics, approaches and periods, underlines the richness of material available for the study of the history of English law and indicates avenues for future research.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Money travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it. One particularly dramatic transformation in money's design brought capitalism to England. For centuries, the English government monopolized money's creation. The Crown sold people coin for a fee in exchange for silver and gold. 'Commodity money' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money's neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.
Throughout the nineteenth century, the performance of sacred drama on the English public stage was prohibited by law and custom left over from the Reformation: successive Examiners of Plays, under the control of the Lord Chamberlain's Office, censored and suppressed both devotional and blasphemous plays alike. Whilst the Biblical sublime found expression in the visual arts, the epic, and the oratorio, nineteenth-century spoken drama remained secular by force of precedent and law. The maintenance of this ban was underpinned by Protestant anxieties about bodily performance, impersonation, and the power of the image that persisted long after the Reformation, and that were in fact bolstered by the return of Catholicism to public prominence after the passage of the Catholic Relief Act in 1829 and the restoration of the Catholic Archbishoprics in 1850. But even as anti-Catholic prejudice at mid-century reached new heights, the turn towards medievalism in the visual arts, antiquarianism in literary history, and the 'popular' in constitutional reform placed England's pre- Reformation past at the centre of debates about the uses of the public stage and the functions of a truly national drama. This book explores the recovery of the texts of the extant mystery-play cycles undertaken by antiquarians in the early nineteenth century and the eventual return of sacred drama to English public theatres at the start of the twentieth century. Consequently, law, literature, politics, and theatre history are brought into conversation with one another in order to illuminate the history of sacred drama and Protestant ant-theatricalism in England in the long nineteenth-century.
In 1966, thirteen black employees of the Duke Power Company's Dan River Plant in Draper, North Carolina, filed a lawsuit against the company challenging its requirement of a high school diploma or a passing grade on an intelligence test for internal transfer or promotion. In the groundbreaking decision Griggs v. Duke Power (1971), the United States Supreme Court ruled in favor of the plaintiffs, finding such employment practices violated Title 7 of the Civil Rights Act of 1964 when they disparately affected minorities. In doing so, the court delivered a significant anti-employment discrimination verdict. Legal scholars rank Griggs v. Duke Power on par with Brown v. Board of Education (1954) in terms of its impact on eradicating race discrimination from American institutions. In Race, Labor, and Civil Rights, Robert Samuel Smith offers the first full-length historical examination of this important case and its connection to civil rights activism during the second half of the 1960s.
Smith explores all aspects of Griggs, highlighting the sustained energy of the grassroots civil rights community and the critical importance of courtroom activism. Smith shows that after years of nonviolent, direct action protests, African Americans remained vigilant in the 1960s, heading back to the courts to reinvigorate the civil rights acts in an effort to remove the lingering institutional bias left from decades of overt racism. He asserts that alongside the more boisterous expressions of black radicalism of the late sixties, foot soldiers and local leaders of the civil rights community -- many of whom were working-class black southerners -- mustered ongoing legal efforts to mold Title 7 into meaningful law. Smith also highlights the persistent judicial activism of the NAACP-Legal Defense and Education Fund and the ascension of the second generation of civil rights attorneys.
By exploring the virtually untold story of Griggs v. Duke Power, Smith's enlightening study connects the case and the campaign for equal employment opportunity to the broader civil rights movement and reveals the civil rights community's continued spirit of legal activism well into the 1970s.
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Courts First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
In writings about Islam, women and modernity in the Middle East, family and religion are frequently invoked but rarely historicized. Based on a wide range of local sources spanning two centuries (1660-1860), Beshara B. Doumani argues that there is no such thing as the Muslim or Arab family type that is so central to Orientalist, nationalist, and Islamist narratives. Rather, one finds dramatic regional differences, even within the same cultural zone, in the ways that family was understood, organized, and reproduced. In his comparative examination of the property devolution strategies and gender regimes in the context of local political economies, Doumani offers a groundbreaking examination of the stories and priorities of ordinary people and how they shaped the making of the modern Middle East.
This volume explores the legal issues and legal consequences underlying relations between secular and religious authorities in the context of the Christian Church, from its earliest emergence within Roman Palestine as a persecuted minority sect through the period when it became legally recognized within the Roman empire, its many institutional manifestations in the East and West throughout the Middle Ages, the reconfigurations associated with the Reformation and Catholic/Counter-Reformations, the legal and constitutional complications, and the variable consequences of so-called secularization thereafter. The engagement of secular and religious authorities with the law and the question of what the law actually comprised (Roman law, canon law, national laws, state and royal edicts) are addressed. Bringing together the work of a wide range of scholars, this volume deepens our understanding of interactions between the churches and the legal systems in which they existed in the past and continue to exist now.
A little over a century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. Yet now we depend on institutions such as these to air and punish crimes against humanity, as we have seen in the International Criminal Tribunal for Rwanda and the appearance of Serbian leader Slobodan Milosevic before the Tribunal for the Former Yugoslavia. Toward a Just World tells the remarkable story of the long struggle to craft the concept of international justice that we have today. Dorothy V. Jones focuses on the first half of the twentieth century, the pivotal years in which justice took on expanded meaning in conjunction with ideas like world peace, human rights, and international law. Fashioning both political and legal history into a compelling narrative, Jones recovers little-known events from undeserved obscurity and helps us see with new eyes the pivotal ones that we think we know. Jones also covers many of the milestones in the history of diplomacy, from the Treaty of Versailles and the creation of the League of Nations to the Nuremberg war crimes tribunal and the making of the United Nations.
In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations-although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America's self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent-the first social, political, and legal history of ideological exclusion and deportation in the United States-Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government's authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.
The colonies that comprised pre-revolutionary America had thirteen legal systems and governments. Given their diversity, how did they evolve into a single nation? In E Pluribus Unum, the eminent legal historian William E. Nelson explains how this diverse array of legal orders gradually converged over time, laying the groundwork for the founding of the United States. From their inception, the colonies exercised a range of approaches to the law. For instance, while New England based its legal system around the word of God, Maryland followed the common law tradition, and New York adhered to Dutch law. Over time, though, the British crown standardized legal procedure in an effort to more uniformly and efficiently exert control over the Empire. But, while the common law emerged as the dominant system across the colonies, its effects were far from what English rulers had envisioned. E Pluribus Unum highlights the political context in which the common law developed and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the eighteenth century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review. In turn, laypeople came to accept constitutional doctrine by the time of independence in 1776. Ultimately, Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. Not simply a masterful legal history of colonial America, Nelson's magnum opus fundamentally reshapes our understanding of the sources of both the American Revolution and the Founding.
This document collection highlights the legal challenges, historical preconceptions, and political undercurrents that had informed the UN Genocide Convention, its form, contents, interpretation, and application. Featuring 436 documents from thirteen repositories in the United States, the United Kingdom, and Russia, the collection is an essential resource for students and scholars working in the field of comparative genocide studies. The selected records span the Cold War period and reflect on specific issues relevant to the Genocide Convention, as established at the time by the parties concerned. The types of documents reproduced in the collection include interoffice correspondence, memorandums, whitepapers, guidelines for national delegations, commissioned reports, draft letters, telegrams, meeting minutes, official and unofficial inquiries, formal statements, and newspaper and journal articles. On a classification curve, the featured records range from unrestricted to top secret. Taken in the aggregate, the documents reproduced in this collection suggest primacy of politics over humanitarian and/or legal considerations in the UN Genocide Convention.
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