A Smithsonian Best History Book of the Year Winner of the Littleton-Griswold Prize Winner of the Ralph Waldo Emerson Award Winner of the Order of the Coif Award Winner of the Sidney M. Edelstein Prize Winner of the David J. Langum Sr. Prize in American Legal History Winner of the Berkshire Conference of Women Historians Book Prize "From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked." -Smithsonian When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept-and expect-pervasive police power, a radical transformation with far-reaching consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone-law-breaking and law-abiding alike-is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court's due process revolution and argues that the Supreme Court's efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation's commitment to equal protection before the law. "With insights ranging from the joy of the open road to the indignities-and worse-of 'driving while black,' Sarah Seo makes the case that the 'law of the car' has eroded our rights to privacy and equal justice...Absorbing and so essential." -Paul Butler, author of Chokehold "A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity." -Hua Hsu, New Yorker

International Criminology is an easy-access critical introduction to how conventional criminologists in the international arena think about and research crime. By using examples from the US, UK and Australia, the authors outline key ideas, vocabulary, assumptions and findings of the discipline while opening up a set of critical underlying issues and problems.

From theoretical traditions to historical perspectives; contemporary criminology to reflexive criminology; this all encompassing text covers it all. This is the most valuable introduction to international criminology available for undergraduates and works as a superb refresher for more experienced students.

David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.

The status of boundaries and borders, questions of global poverty and inequality, criteria for the legitimate uses of force, the value of international law, human rights, nationality, sovereignty, migration, territory, and citizenship: debates over these critical issues are central to contemporary understandings of world politics. Bringing together an interdisciplinary range of contributors, including historians, political theorists, lawyers, and international relations scholars, this is the first volume of its kind to explore the racial and imperial dimensions of normative debates over global justice.

One of the most contentious topics in modern Islam is whether one should adhere to an Islamic legal school or follow scripture directly. For centuries, Sunni Muslims have practiced Islam through the framework of the four legal schools. The 20th century, however, witnessed the rise of individuals who denounced the legal schools, highlighting cases where they contradict texts from the Qur'an or Sunna. These differences are exemplified in the heated debates between the Salafi hadith scholar Muhammad Nasir al-Din al-Albani and his Traditionalist critics. This book examines the tensions between Salafis and Traditionalists concerning scholarly authority in Islam. Emad Hamdeh offers an insider's view of the debates between Salafis and Traditionalists and their differences regarding the correct method of interpreting Islam. He provides a detailed analysis of the rise of Salafism, the impact of the printing press, the role of scholars in textual interpretation, and the divergent approaches to Islamic law.

In post-war Sierra Leone, a range of transitional justice mechanisms were implemented to address experiences of conflict, violence, and human rights violations. Much of the research on local transitional justice processes has focused on the work of organisations, failing to acknowledge how individual and communal dynamics shape and are shaped by these programs. Drawing on original fieldwork in Sierra Leone, Laura S. Martin moves beyond discussions measuring effectiveness and considers how people navigate their circumstances in conflict and post-conflict societies. Developing the idea of recognised and unrecognised transitional justice processes, Martin uses Fambul Tok as an example of a recognised local transitional justice program and shows how ordinary Sierra Leoneans appropriated Fambul Tok's agenda for their own purposes. Ultimately, this book highlights the crucial role of agency and the diverse range of actors involved in transitional justice processes. Justice, as Martin powerfully argues, is not something that happens to or for people, but is enacted by individuals and communities.

This is the first book devoted to the study of burgesses in the Latin Kingdoms of Jerusalem and Cyprus (1099-1325). It offers a comprehensive assessment of the contributions made by the non-feudal class to the development of legal and commercial institutions in the 12th, 13th and 14th centuries. Dispensing with the commonly held view that burgesses had only marginal influence, evidence is presented to illustrate how the existence of a 'middle class' was essential to the ambitions of the kingdoms' leaders. A systematic examination of all relevant contemporary source material - charters, law-books and narrative accounts - sheds light on how serfs and freemen, originating from diverse regions of Europe, were able to organise themselves into a class whose status set them apart from non-Latin Christians and Muslims. The study considers at length the different ways in which burgess legislation was formulated; traces the gradual development of the Cour des Bourgeois, the court of burgesses, in terms of its composition and competence; describes in detail the burgess laws of Acre and Nicosia which related, for example, to marriage and inheritance; and defines the special characteristics of a type of property known as a borgesie which was mostly but not exclusively in the hands of burgesses. Dr Nader's research, furthermore, reveals the complexity of burgess jurisdiction and legislation in the East, and advocates the theory that secular courts established by ecclesiastical institutions exercised authority over burgesses and borgesies in matters which went beyond the parameters of purely ecclesiastical jurisdiction.

Engaging with the underlying social context in which emotions are a motivational force, Law and the Passions provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal judgment, policy formation, legal practice and legal dogma. Although the emotionality of the law and the use of emotional tropes in legal discourse has become an established focus in recent scholarship, the extent to which emotion and the passions have informed decision-making, decision-avoidance and legal reasoning - rather than as simply an adjunct - is still a matter for critical analysis. As evidenced in a range of illustrative legal cases, emotions have been instrumental in the evolution of key legal principles and have produced many controversial judgments. Addressing the latent influence of fear, hate, love and compassion, the book explores the mutability of law and its transformative power, especially when faced with fluctuating social mores. The textual nature of law and the impact of literary forms on legal actors are also critically examined to further elucidate the idea of law-making as both rational and emotional, and significantly as an essential activity of the empathic imagination. To this end, it is suggested that critical scholarship on law, the passions and emotions not only advances our understanding of the inner workings of law, it constitutes a fundamental part of our moral reasoning, and has the capacity to articulate the conditions for a more dynamic, adaptable, ethical and effective legal institution. This interdisciplinary book will be of interest to scholars and students in the fields of law and literature, legal theory, legal philosophy, law and the humanities, legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudence and social justice, as well as cultural studies.

New Orleans district attorney Jim Garrison's decision to arrest Clay Shaw on March 1, 1967, set off a chain of events that culminated in the only prosecution undertaken in the assassination of John F. Kennedy. In the decades since Garrison captured headlines with this high-profile legal spectacle, historians, conspiracy advocates, and Hollywood directors alike have fixated on how a New Orleans-based assassination conspiracy might have worked. Cruising for Conspirators settles the debate for good, conclusively showing that the Shaw prosecution was not based in fact but was a product of the criminal justice system's long-standing preoccupation with homosexuality. Tapping into the public's willingness to take seriously conspiratorial explanations of the Kennedy assassination, Garrison drew on the copious files the New Orleans police had accumulated as they surveilled, harassed, and arrested increasingly large numbers of gay men in the early 1960s. He blended unfounded accusations with homophobia to produce a salacious story of a New Orleans-based scheme to assassinate JFK that would become a national phenomenon. At once a dramatic courtroom narrative and a deeper meditation on the enduring power of homophobia, Cruising for Conspirators shows how the same dynamics that promoted Garrison's unjust prosecution continue to inform conspiratorial thinking to this day.

Scholarly interest in the history of crime has grown dramatically in recent years and, because scholars associated with this work have relied on a broad social definition of crime which includes acts that are against the law as well as acts of social banditry and political rebellion, crime history has become a major aspect not only of social history, but also of cultural as well as legal studies. This collection explores how the history of crime provides a way to study time, place and culture. Adopting an international and interdisciplinary perspective to investigate the historical discourses of crime in Europe and the United States from the sixteenth to the late twentieth century, these original works provide new approaches to understanding the meaning of crime in modern western culture and underscore the new importance given to crime and criminal events in historical studies. Written by both well-known historians and younger scholars from across the globe, the essays reveal that there are important continuities in the history of crime and its representations in modern culture, despite particularities of time and place.

Globalising British Policing demonstrates how the policing system in place in Britain today has emerged from an historical overlap of two broad policing models: a civil (English) and a semi-military (colonial) tradition. Until relatively recently colonial policing received considerably less scholarly attention than the policing of mainland Britain. This volume comprises four sections: section I considers works on British colonial policing up until the Second World War; section II moves to post-war colonial policing through the era of decolonisation; section III looks more closely at the policing of Northern Ireland, and, section IV shows how the meshing of these policing systems are currently contributing to the globalisation of British policing today.

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 volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

Nicholas of Cusa is known as one of the most original philosophers of the 15th century, but by training he was a canon lawyer who received his degree from the University of Padua in 1423. The essays in this book analyse his legal and political ideas against the background of medieval religious, legal and political thought and its development in the Renaissance. The first two pieces deal with the legal ideas and humanism that affected Cusanus and with some of the problems faced by 15th-century lawyers, including his friends. The central section of the book also discusses how he reacted to the religious, legal and political issues of his day; Cusanus as reformer of the Church is a theme that runs through many of the essays. The final studies look at some of Cusanus' contemporaries, with special emphasis on Gregor Heimburg, the sharpest critic of Cusanus.

Arguably, more legal texts survive from pre-Conquest England than from any other early medieval European community. The corpus includes roughly seventy royal law-codes, to which can be added well over a thousand charters, writs, and wills, as well as numerous political tracts, formularies, rituals, and homilies derived from legal sources. These texts offer valuable insight into early English concepts of royal authority and political identity. They reveal both the capacities and limits of the king's regulatory power, and in so doing, provide crucial evidence for the process by which disparate kingdoms gradually merged to become a unified English state. More broadly, pre-Norman legal texts shed light on the various ways in which cultural norms were established, enforced, and, in many cases, challenged. And perhaps most importantly, they provide unparalleled insight into the experiences of Anglo-Saxon England's diverse inhabitants, both those who enforced the law and those subject to it.

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

In this book, James Gallen provides an in-depth evaluation of the responses of Western States and churches to their historical abuses from a transitional justice perspective. Using a comparative lens, this book examines the application of transitional justice to address and redress the past in Ireland, Australia, Canada, the United States and United Kingdom. It evaluates the use of public inquiries and truth commissions, litigation, reparations, apologies, and reconciliation in each context to address these abuses. Significantly, this novel analysis considers how power and public emotions influence, and often impede, transitional justice's ability to address historical-structural injustices. In addressing historical abuses, power fails to be redistributed and national and religious myths are not reconsidered, leading Gallen to conclude that the existing transitional justice efforts of states and churches remain an unrepentant form of justice. This title is also available as Open Access on Cambridge Core.

The raging frenzy of the sex drive, to use Plato's phrase, has always defied control. However, that's not to say that the Sumerians, Victorians, and every civilization in between and beyond have not tried, wielding their most formidable weapon: the law. At any given point in time, some forms of sex were condoned while others were punished mercilessly. Jump forward or backward a century or two (and often far less than that), and the harmless fun of one time period becomes the gravest crime in another. Sex and Punishment tells the story of the struggle throughout the millennia to regulate the most powerful engine of human behavior.
Writer and lawyer Eric Berkowitz uses flesh-and-blood cases--much flesh and even more blood--to evoke the entire sweep of Western sex law, from the savage impalement of an ancient Mesopotamian adulteress to the imprisonment of Oscar Wilde in 1895 for gross indecency. The cast of Sex and Punishment is as varied as the forms taken by human desire itself: royal mistresses, gay charioteers, medieval transvestites, lonely goat-lovers, prostitutes of all stripes, London rent boys. Each of them had forbidden sex, and each was judged--and justice, as Berkowitz shows, rarely had much to do with it.
With the light touch of a natural storyteller, Berkowitz spins these tales and more, going behind closed doors to reveal the essential history of human desire.

This title was first published in 2001. In the tight frame of its first twenty years, Massachusetts Bay dramatically altered its constitutional order from a theocracy to an oligarchy, led by magistrates who created their own authority and defined the limits on their almost unlimited power. Debating-and Creating-Authority examines this shift in constitutional order at various levels and looks in particular at the efforts to create the theocracy and its subsequent collapse in terms of a fundamental democratical flaw at the centre of the theocratic ideal.

In the history of British patent law, the role of Parliament is often side-lined. This is largely due to the raft of failed or timid attempts at patent law reform. Yet there was another way of seeking change. By the end of the nineteenth century, private legislation had become a mechanism or testing ground for more general law reforms. The evolution of the law had essentially been privatised and was handled in the committee rooms in Westminster. This is known in relation to many great industrial movements such as the creating of railways, canals and roads, or political movements such as the powers and duties of local authorities, but it has thus far been largely ignored in the development of patent law. This book addresses this shortfall and examines how private legislation played an important role in the birth of modern patent law.

This title was first published in 2002: Becoming Delinquent: British and European Youth, 1650-1950 provides a critical synthesis of the growing body of work on the history of British and European juvenile delinquency. It is unique in that it analyzes definitions of and responses to, disorderly youth across time (from the mid-seventeenth to the mid-twentieth centuries) and across space (covering developments across Western Europe). This comparative approach allows it to show how certain themes dominated European discourses of delinquency across this period, not least panics about urban culture, poor parenting, dangerous pleasures, family breakdown, national fitness and future social stability. It also shows how these various threats were countered by recurring strategies, most notably by repeated attempts to deter delinquency, to divide responsibility between the state, civil society and the family, and to find a "proper" balance between moral reform and physical punishment, between care and control.

This book was first published in 2003.Justice, Humanity and the New World Order offers a refreshing analysis of current jurisprudential concerns regarding the new world order , by examining them in the intellectual context of the late eighteenth-century Enlightenment. After setting the historical context, the author investigates aspects of Enlightenment political culture as well as aspects of the new world order , including international relations, the European Union and human rights. In conclusion, the author introduces the concept of a new humanism , which he suggests, drawing on certain aspects of Enlightenment political philosophy, can complement the new world order .

The Cheese and the Worms is an incisive study of popular culture in the sixteenth century as seen through the eyes of one man, the miller known as Menocchio, who was accused of heresy during the Inquisition and sentenced to death. Carlo Ginzburg uses the trial records to illustrate the religious and social conflicts of the society Menocchio lived in. For a common miller, Menocchio was surprisingly literate. In his trial testimony he made references to more than a dozen books, including the Bible, Boccaccio's Decameron, Mandeville's Travels, and a "mysterious" book that may have been the Koran. And what he read he recast in terms familiar to him, as in his own version of the creation: "All was chaos, that is earth, air, water, and fire were mixed together; and of that bulk a mass formed-just as cheese is made out of milk-and worms appeared in it, and these were the angels." Ginzburg's influential book has been widely regarded as an early example of the analytic, case-oriented approach known as microhistory. In a thoughtful new preface, Ginzburg offers his own corollary to Menocchio's story as he considers the discrepancy between the intentions of the writer and what gets written. The Italian miller's story and Ginzburg's work continue to resonate with modern readers because they focus on how oral and written culture are inextricably linked. Menocchio's 500-year-old challenge to authority remains evocative and vital today.

There are many histories of the police as a law-enforcement institution, but no genealogy of the police as a form of power. This book provides a genealogy of modern police by tracing the evolution of "police science" and of police institutions in Europe, from the ancien regime to the early 19th century. Drawing on the theoretical path outlined by Michel Foucault at the crossroads between historical sociology, critical legal theory and critical criminology, it shows how the development of police power was an integral part of the birth of the modern state's governmental rationalities and how police institutions were conceived as political technologies for the government and social disciplining of populations. Understanding the modern police not as an institution at the service of the judiciary and the law, but as a complex political technology for governing the economic and social processes typical of modern capitalist societies, this book shows how the police have played an active role in actually shaping order, rather than merely preserving it.