This, the second of two volumes of "Liberty and Union," is a comprehensive constitutional history of the United States from the Progressive Era of the early twentieth century to the most recent decisions of the Supreme Court on contemporary constitutional issues.

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 textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an 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

When a thirteen-year-old boy strikes out on his own in 1885, leaving his Civil War- ravaged Mississippi homeland for the wild Red River borderland between North Texas and Indian Territory, the American West is a land beyond the reach of the law. Crime thrives in the absence of law officers, courtrooms, judges, and jails. Vigilante justice, the posse, and the hangman's noose fill the void. But by the time the young man-now a veteran outlaw-dies by the gun in 1929 after a tempestuous career, the Old West has been largely tamed, its official legal systems firmly in place. Veteran defense attorney and prosecutor Bill Neal takes readers from Mississippi to the frontiers of West Texas, Indian Territory, New Mexico Territory, and finally the frozen Montana wilderness through a series of linked, true-life tales of crimes and trials. Tracing the struggles of incipient criminal justice in the Southwest through an engaging progression of outlaws and lawmen, plus a host of colorful frontier trial lawyers and judges, Neal reveals how law and societymatured together.

From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Muller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Muller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both institutions.

This, the first of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Anglo-American origins of the Constitution through the colonial and antebellum periods, to the Civil War and the consequent restructuring of the nation.

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 explain the past in the light of the past, without imposing upon it the standards of later generations.

Authored by two experienced professors of History and Law this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an 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
• Extensive supporting artwork
• Companion website

Useful documents provided:

• Declaration of Independence
• Articles of Confederation
• Constitution of the United States of America
• Chronological list of Supreme Court justices

The initial responses to 9/11 engaged categorical questions about 'war', 'terrorism', and 'crime'. Now the implementation of counter-terrorism law is infused with dichotomies - typically depicted as the struggle between security and human rights, but explored more exactingly in this book as traversing boundaries around the roles of lawyers, courts, and crimes; the relationships between police, military, and security agencies; and the interplay of international and national enforcement. The contributors to this book explore how developments in counter-terrorism have resulted in pressures to cross important ethical, legal and organizational boundaries. They identify new tensions and critique the often unwanted outcomes within common law, civil law, and international legal systems. This book explores counter-terrorism measures from an original and strongly comparative perspective and delivers an important resource for scholars of terrorism laws, strategies, and politics, as well as human rights and comparative lawyers. Contributors: M.L. Angli, S. Bronitt, B. Dickson, S. Donkin, F. Galli, J.-M.L. Gorostiza, S. Hufnagel, A. Masferrer, M.C. Melia, J. Moran, A. Petzsche, A. Staniforth, C. Walker, S. Wallerstein, D.P.J. Walsh

In eighteenth-century England, the law surrounding vagrancy was complicated, and practice stood in complex relationship to law. Drawing on extensive archival research and in-depth study of both statute law and local administrative records, this book examines the complexities of vagrancy law and the realities of its practice during the long eighteenth century. It shows how settlement law and poor law provision failed to address both the changing demographic situation and the impact of wars, leaving significant numbers without support. Focusing on the 1744 Vagrant Act, the study traces how and why the law evolved, from 1700 when vagrancy was first made a county charge, and what changes followed in the late eighteenth and early nineteenth centuries. It explores how vagrancy law was used and to what effect, how it was extended and adapted to plug gaps in both poor law provision and in dealing with petty crime not covered by statute law, and how law and practice intersected with social reality. Using the Quarter Sessions records of six counties: Westmorland, Cambridgeshire, Dorset, Hampshire, Lancashire and Middlesex, the book is able to give the first account of vagrancy law in provincial England, rather than focusing on metropolitan areas, thus also demonstrating the tensions between parishes, justices and counties over the use of law and its financial impact. By detailed reference to cases of individual vagrants, the book also shows what sorts of people were dealt with under vagrancy law, what happened to them, and how and why the justices discriminated between the unfortunate and the criminal elements among them. This analysis reveals the principal causes of the vagrancy problems and the misfit between the law and social reality, with particular emphasis on the impact of wars and immigration from Ireland and Scotland. As the first full-length study of vagrancy law and practice in the eighteenth century, this book will constitute an essential item in any collection of books on the old poor law.

There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.

As the future of international law has become a growing site of struggle within and between powerful states, debates over the history of international law have become increasingly heated. International Law and the Politics of History explores the ideological, political, and material stakes of apparently technical disputes over how the legal past should be studied and understood. Drawing on a deep knowledge of the history, theory, and practice of international law, Anne Orford argues that there can be no impartial accounts of international law's past and its relation to empire and capitalism. Rather than looking to history in a doomed attempt to find a new ground for formalist interpretations of what past legal texts really mean or what international regimes are really for, she urges lawyers and historians to embrace the creative role they play in making rather than finding the meaning of international law.

It was the trial of a century in colonial Hong Kong when, in 1931-33, Ho Chi Minh - the future President of Vietnam - faced down deportation to French-controlled territory with a death sentence dangling over him. Thanks to his appeal to English common law, Ho Chi Minh won his reprieve. With extradition a major political issue in Hong Kong today, Geoffrey C. Gunn's examination of the legal case of Ho Chi Minh offers a timely insight into the rule of law and the issue of extradition in the former British colony. Utilizing little known archival material, Gunn sheds new light on Ho Chi Minh, communist and anti-colonial networks and Franco-British relations.

Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.

In medieval England, a defendant who refused to plead to a criminal indictment was sentenced to pressing with weights as a coercive measure. Using peine forte et dure ('strong and hard punishment') as a lens through which to analyse the law and its relationship with Christianity, Butler asks: where do we draw the line between punishment and penance? And, how can pain function as a vehicle for redemption within the common law? Adopting a multidisciplinary approach, this book embraces both law and literature. When Christ is on trial before Herod, he refused to plead, his silence signalling denial of the court's authority. England's discontented subjects, from hungry peasant to even King Charles I himself, stood mute before the courts in protest. Bringing together penance, pain and protest, Butler breaks down the mythology surrounding peine forte et dure and examines how it functioned within the medieval criminal justice system.

The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.

A ground-breaking study of the lawbooks which were created in the changing social and political climate of post-conquest Wales. The Middle Ages in Wales were turbulent, with society and culture in constant flux. Edward I of England's 1282 conquest brought with it major changes to society, governance, power and identity, and thereby to the traditional system of the law. Despite this, in the post-conquest period the development of law in Wales and the March flourished, and many manuscripts and lawbooks were created to meet the needs of those who practised law. This study, the first to fully reappraise the entire corpus of law manuscripts since Aneurin Owen's seminal 1841 edition, begins by considering the background to the creation of the law from the earliest period, particularly from c.1100 onwards, before turning to the "golden age" of lawmaking in thirteenth-century Gwynedd. The nature of the law in south Wales is also examined in full, with a particular focus on later developments, including the different use of legal texts in that region and its fourteenth- and fifteenth-century manuscripts. The author approaches medieval Welsh law, its practice, texts and redactions, in their own contexts, rather than through the lens of later historiography. In particular, she shows that much manuscript material previously considered "additional" or "anomalous" in fact incorporates new legal material and texts written for a particular purpose: thanks to their flexible accommodation of change, adjustment and addition, Welsh lawbooks were not just shaped by, but indeed shaped, medieval Welsh law.

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.

In recent years the history of police and policing has become a key area of debate across a range of disciplines: criminology, sociology, political science and history. This authoritative series brings together the most important and influential English-language scholarship in the field, arranged chronologically across four volumes. The series includes articles on the shifting meaning of 'police', the growth of bureaucratic policing during the late eighteenth and nineteenth centuries, consolidation in the twentieth century, and the international diffusion of export models and practices. The texts included come from a range of disciplines and chart the recent debates from traditional Whig history, revisionist work published during the last quarter of the twentieth century, and subsequent reassessments. Each volume is edited by a historian recognised as an authority in the area, and features an introductory essay which explains the key changes in the period and the significance of the selected articles and essays. The series provides a valuable resource for scholars new to the area as well as for those who may have overlooked an important essay or article published in an edited collection, or in a journal with limited circulation or from a discipline that they might not normally consult.

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.

For nineteenth-century Britons, the rule of law stood at the heart of their constitutional culture, and guaranteed the right not to be imprisoned without trial. At the same time, in an expanding empire, the authorities made frequent resort to detention without trial to remove political leaders who stood in the way of imperial expansion. Such conduct raised difficult questions about Britain's commitment to the rule of law. Was it satisfied if the sovereign validated acts of naked power by legislative forms, or could imperial subjects claim the protection of Magna Carta and the common law tradition? In this pathbreaking book, Michael Lobban explores how these matters were debated from the liberal Cape, to the jurisdictional borderlands of West Africa, to the occupied territory of Egypt, and shows how and when the demands of power undermined the rule of law. This title is also available as Open Access on Cambridge Core.

This volume is the first of four that will provide some of the most significant, English-language articles on the historical development of the police institution. The articles included in this volume are broadly of two kinds. The first introduce some of the theoretical outlines that have been suggested for the origins and development of modern police institutions across Europe. The second explore the systems of enforcement, and the criticisms of them, that had emerged on the eve of the revolutionary upheavals which convulsed Europe and inflicted a terminal blow to the ancien regime at the close of the eighteenth century.

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world.

Between the mid-nineteenth century and the present, the British police gained and to a large extent maintained a reputation as the 'best in the world', largely due to their ability to maintain order through consent rather than coercion. Much recent research, however, has pointed out that the label 'golden age' is an over-simplification of British policing in this period. This volume reprints a series of the most up-to-date and relevant articles which deal with: the ways that police organisation was structured and reformed; the nature of the policing task in this period; who carried this task out (with particular attention to the arrival of policewomen); and some of the crises and ongoing areas of concern (such as the policing of prostitution) which they faced.

The period 1829-1856 witnessed the introduction of the 'New Police' to Great Britain and Ireland. Via a series of key legislative acts, traditional mechanisms of policing were abolished and new, supposedly more efficient, forces were raised in their stead. Subsequently, the introduction of the 'New Police' has been represented as a watershed in the development of the systems of policing we know today. But just how sweeping were the changes made to the maintenance of law and order during the nineteenth century? The articles collected in this volume (written by some of the foremost criminal justice historians) show a process which, while cumulatively dramatic, was also at times protracted and acrimonious. There were significant changes to the way in which Britain and Ireland were policed during the nineteenth century, but these changes were by no means as straightforward or as progressive as they have at times been represented.

An intriguing insight into the politics of gender, family and religion in Elizabethan England. The marriage of Charles and Elizabeth Forth (c. 1582-1593) offers an intriguing insight into the politics of gender, family and religion in Elizabethan England. In this story, resourceful women play leading roles, sometimes circumventing or subverting patriarchal authority, qualifying our accepted image of the Elizabethan propertied family. Elizabeth's impoverished Catholic father took no part in making her marriage. Instead, Elizabeth and her mother seemingly enticed Charles, sixteen-year-old heir of a solidly Protestant Suffolk JP, into a clandestine match. When the marriage began to fail, Elizabeth turned to her mother and sisters as her principal sources of support and showed greater guile, determination and resilience than her husband in what became a protracted contest. Charles, convinced of his wife's infidelity, finally left England to travel as a voluntary exile, only to die abroad. Elizabeth and her kinsman Henry Jerningham emerged as victors in subsequent prolonged litigation with Charles's father. Drawing on extensive testimony and decrees in the most fully recorded case of its kind heard by the Court of Requests, as well as a wide range of other material from local record offices and the National Archives, this readable micro-history unravels the tangled story of two very different young people. It establishes the background of the marriage and its failure in the contrasting histories of the families involved and sets the story in its larger political and religious contexts. Anyone with an interest in Elizabethan politics, law and religion, or the family, women and gender, will find it fascinating. RALPH HOULBROOKE is Professor Emeritus at the University of Reading.

From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the history of the law's ratio. Part II examines the way legal scholarship, especially doctrinal research (legal dogmatics), can and should contribute to the law's coherence. Part III explores the role of constitutional law in managing the tension between law's voluntas and ratio. The final chapter discusses the implications the growth of transnational law may have on the relationship between ratio and voluntas. The study builds on the views of the distinctive features of the ideal-typical mature modern legal system as presented in the author's previous work, Critical Legal Positivism (Ashgate 2002).

This collection presents an innovative series of essays about the medieval culture of Feud and Violence. Featuring both prominent senior and younger scholars from the United States and Europe, the contributions offer various methods and points of view in their analyses. All, however, are indebted in some way to the work of Stephen D. White on legal culture, politics, and violence. White's work has frequently emphasized the importance of careful, closely focused readings of medieval sources as well as the need to take account of practice in relation to indigenous normative statements. His work has thus made historians of medieval political culture keenly aware of the ways in which various rhetorical strategies could be deployed in disputes in order to gain moral or material advantage. Beginning with an essay by the editors introducing the contributions and discussing their relationships to Stephen White's work, to the themes of the volume, to each other, and to medieval and legal studies in general, the remainder of the volume is divided into three thematic sections. The first section contains papers whose linking themes are violence and feud, the second section explores medieval legal culture and feudalism; whilst the final section consists of essays that are models of the type of inquiry pioneered by White.